This Limited Warranty applies to the Xplore-branded and Motion-branded hardware products sold by or leased from Xplore ® Technologies, Corp., its worldwide subsidiaries, affiliates, authorized resellers, or country distributors (collectively referred to in this Limited Warranty as "Xplore") with this Limited Warranty (“Xplore Product”).
These terms and conditions constitute the complete and exclusive warranty agreement between you and Xplore regarding the Xplore Product you have purchased or leased. These terms and conditions supersede any prior agreements or representations, including representations made in Xplore sales literature or advice given to you by Xplore or an agent or employee of Xplore that may have been made in connection with your purchase or lease of the Xplore Product. No change to the conditions of this Limited Warranty is valid unless it is made in writing and signed by an authorized representative of Xplore.
EXCEPT AS EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY AND TO THE GREATEST EXTENT ALLOWED BY LAW, XPLORE MAKES NO OTHER REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND NON-INTERFERENCE. XPLORE DOES NOT WARRANT THAT YOUR USE OF THE XPLORE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE. ANY IMPLIED WARRANTIES THAT MAY BE IMPOSED BY LAW ARE LIMITED IN DURATION TO THE LIMITED WARRANTY PERIOD, TO THE GREATEST EXTENT ALLOWED BY LAW. SOME STATES OR COUNTRIES DO NOT ALLOW A LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR CONSUMER PRODUCTS. IN SUCH STATES OR COUNTRIES, SOME EXCLUSIONS OR LIMITATIONS OF THIS LIMITED WARRANTY MAY NOT APPLY TO YOU.
Xplore and Motion branded Tablet PCs (excluding the M60 and CL920), the warranty period is three (3) years from the date of product purchase. The warranty period for the M60 and Motion CL920 by Xplore Tablet PC Products is one (1) year from the date of product purchase or longer if you have purchased an extended warranty. The Limited Warranty Period starts on the date of purchase or lease from Xplore. Your dated sales or delivery receipt, showing the date of purchase or lease of the product, is your proof of the purchase or lease date. You may be required to provide proof of purchase or lease as a condition of receiving warranty service.
Xplore warrants that the Xplore Product and all the internal components of the product that you have purchased or leased from Xplore are free from defects in materials or workmanship under normal use during the Limited Warranty Period. You are entitled to warranty service according to the terms and conditions of this document if a repair to your Xplore Product is required within the Limited Warranty Period. This Limited Warranty extends only to the original purchaser or lessee of this Xplore Product and is not transferable to anyone who obtains ownership or use of the Xplore Product from the original purchaser or lessee.
REPAIR OR REPLACEMENT
Xplore products are manufactured using new materials or new and used materials equivalent to new in performance and reliability. Spare parts may be new or equivalent to new. Spare parts are warranted to be free from defects in material or workmanship for ninety (90) days or for the remainder of the Limited Warranty Period of the Xplore Product in which they are installed, whichever is longer.
During the Limited Warranty Period, Xplore will repair or replace the defective component parts or the Xplore Product. All component parts or hardware products removed under this Limited Warranty become the property of Xplore. The replacement part or product takes on either the Limited Warranty status of the removed part or product or the ninety (90) day limited warranty of the spare part. In the unlikely event that your Xplore Product has a recurring failure, Xplore, at its discretion, may elect to provide you with a replacement unit of Xplore's choosing that is at least equivalent to your Xplore Product in hardware performance. Xplore reserves the right to elect, at its sole discretion, to give you a refund of your purchase price or lease payments (less interest) instead of a replacement. THIS IS YOUR EXCLUSIVE REMEDY FOR DEFECTIVE PRODUCTS. HOWEVER YOU MAY ALSO HAVE OTHER RIGHTS THAT MAY VARY FROM STATE TO STATE OR FROM COUNTRY TO COUNTRY.
SOFTWARE AND DATA
YOU SHOULD MAKE PERIODIC BACKUP COPIES OF THE DATA STORED ON YOUR HARD DRIVE OR OTHER STORAGE DEVICES AS A PRECAUTION AGAINST POSSIBLE FAILURES, ALTERATION, OR LOSS OF THE DATA. BEFORE RETURNING ANY UNIT FOR SERVICE, BE SURE TO BACK UP DATA AND REMOVE ANY CONFIDENTIAL, PROPRIETARY, OR PERSONAL INFORMATION. XPLORE IS NOT RESPONSIBLE FOR DAMAGE TO, LOSS OF, OR DISCLOSURE OF ANY PROGRAMS, DATA, OR REMOVABLE STORAGE MEDIA. XPLORE IS NOT RESPONSIBLE FOR THE RESTORATION OR REINSTALLATION OF ANY PROGRAMS OR DATA OTHER THAN SOFTWARE INSTALLED BY XPLORE WHEN THE PRODUCT IS MANUFACTURED.
XPLORE DOES NOT WARRANT SOFTWARE PRODUCTS, INCLUDING ANY SOFTWARE PRODUCTS OR THE OPERATING SYSTEM PREINSTALLED BY XPLORE. Xplore's only obligations with respect to software distributed by Xplore under the Xplore brand name are set forth in the applicable end-user license or program license agreement. Non-Xplore hardware and software products are provided "AS IS." However, non-Xplore manufacturers, suppliers, or publishers may provide their own warranties directly to you.
This Limited Warranty does not extend to:
(a) Expendable parts;
(b) Any product from which the serial number has been removed or altered;
(c) Cosmetic damage or ordinary wear and tear;
(d) Damage or non-functionality that results from (i) failure to follow the instructions that came with the product; (ii) accident, misuse, abuse, or other external causes; (iii) operation outside the usage parameters stated in the then current user documentation for the product; or (iv) use of parts not manufactured or sold by Xplore; or
(e) Damage or non-functionality due to modifications or service by anyone other than (i) Xplore, (ii) a Xplore authorized service provider, or (iii) your own installation of end-user replaceable Xplore or Xplore-approved parts.
LIMITATION OF LIABILITY
IF YOUR XPLORE PRODUCT FAILS TO WORK AS WARRANTED ABOVE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE REPAIR OR REPLACEMENT. XPLORE'S MAXIMUM LIABILITY UNDER THIS LIMITED WARRANTY OR RELATED IN ANY WAY TO THE XPLORE PRODUCT IS EXPRESSLY LIMITED TO THE LESSER OF THE PRICE YOU HAVE PAID FOR THE PRODUCT OR THE COST OF REPAIR OR REPLACEMENT OF ANY HARDWARE COMPONENTS THAT MALFUNCTION IN CONDITIONS OF NORMAL USE.
XPLORE SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY THE PRODUCT OR THE FAILURE OF THE PRODUCT TO PERFORM, INCLUDING ANY LOST PROFITS OR SAVINGS OR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. XPLORE SHALL NOT BE LIABLE FOR ANY CLAIM MADE BY A THIRD PARTY OR MADE BY YOU FOR A THIRD PARTY.
THIS LIMITATION OF LIABILITY APPLIES WHETHER DAMAGES ARE SOUGHT, OR A CLAIM MADE, UNDER THIS LIMITED WARRANTY OR AS A TORT CLAIM (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY), A CONTRACT CLAIM, OR ANY OTHER CLAIM. THIS LIMITATION OF LIABILITY CANNOT BE WAIVED OR AMENDED BY ANY PERSON. THIS LIMITATION OF LIABILITY WILL BE EFFECTIVE EVEN IF XPLORE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF ANY SUCH DAMAGES. THIS LIMITATION OF LIABILITY, HOWEVER, WILL NOT APPLY TO CLAIMS FOR PERSONAL INJURY.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT MAY VARY FROM STATE TO STATE OR FROM COUNTRY TO COUNTRY. YOU ARE ADVISED TO CONSULT APPLICABLE STATE OR COUNTRY LAWS FOR A FULL DETERMINATION OF YOUR RIGHTS.
SOFTWARE TECHNICAL SUPPORT
Software technical support is defined as assistance with questions and issues about the software that was either preinstalled by Xplore on the Xplore Product or that was included with the Xplore branded product at the time of your purchase or lease of the product. Technical support for software is available for the duration of your warranty period. Your dated sales or delivery receipt, showing the date of purchase or lease of the product, is your proof of the purchase or lease date. You may be required to provide proof of purchase or lease as a condition of receiving software technical support. After the first 90 (ninety) days, technical support for software that was either preinstalled by Xplore on the Xplore Product or included with the Xplore Product at the time of your purchase or lease of the product is available for a fee.
WARRANTY TRANSFER TO ANOTHER COUNTRY
Xplore is not responsible for any handling fees, tariffs, or import duties that may be incurred in transferring the Products. Products and software may be covered by export controls issued by the United States or other governments.
CONTACT XPLORE TECHNOLOGIES
Consult with your local country reseller or Xplore representative to learn more.
"NO RETURN" POLICY
Xplore has a "No Return" policy when products are not deemed Dead on Arrival (DOA). If an Xplore-branded or Motion-branded tablet PC mobile computing hardware platform product currently offered through Xplore authorized distributors, partners and original purchasers shows symptoms of a hardware failure, preventing basic operation upon its first use out of the box, then it may be deemed Dead on Arrival (DOA) - See below.
DEAD ON ARRIVAL (DOA) PRODUCT: SYSTEM FAILURE OUT OF THE BOX
For guidelines on DOA reporting, verification and resolution, click here.
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