Millennium Plus Limited Warranty Term And Conditions
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WARRANTY 1. LIMITED WARRANTY - Horizon Technologies warrants the Units against defects in materials and workmanship for a period of one year from the date of sale. If an Unit is found to be defective in materials or workmanship during the limited warranty period, Horizon Technologies will repair or replace the Unit at its discretion and at its own expense. Horizon Technologies warrants that it will provide the Services in accordance with the applicable Monitoring Plan selected, but does not warrant complete coverage or that the Services will be uninterrupted or error-free. 2. MAINTENANCE - Under the provisions of certain Service Plans, you will receive maintenance services pursuant to which Horizon Technologies will repair or replace (at Horizon Technologies’ option) any verified failed Unit component, including antennas and interconnected cables. 3. LIMITED REMEDY - Your sole remedy for breach of any warranty is the right to repair or replacement of defective Units and the right to receive a credit or refund (at Horizon Technologies’ discretion) on Services not provided for reasons under Horizon Technologies’ control. No allowance will be given for any single failure or delay that does not exceed forty-eight hours. To obtain warranty or maintenance service, you must contact the local Horizon Technologies office. Horizon Technologies may instruct you to (a) obtain a Returned Materials Authorization code (“RMA”); (b) adequately package the products; (c) ship the products to the address provided by Horizon Technologies; and (d) mark the RMA number prominently on the outside of the carton. Products received without a RMA number will be returned freight collect. Horizon Technologies will return the repaired products prepaid and fully insured. Alternatively, at Horizon Technologies’ option, Horizon Technologies may remove and reinstall the products. 4. MONITORING AND USAGE PLANS - Upon purchase or activation of your GPS device; you have selected or will select a monitoring plan. The monitoring plan that you have chosen is for the term of one entire year and cannot be cancelled. You agree to pay all monitoring plan charges for the entire term of one year. You agree to pay all charges on a monthly basis and additional charges for over usage that exceeds your monitoring plan. Monthly usage plans are paid in advance; overages are calculated monthly and applied to the following billing cycle. Failure to pay any monthly invoice will result in suspension of services. To reinstate service will require payment of all unpaid charges, a reinstatement fee of $25.00 and one month monitoring fees. Any unpaid balance is subject to a late charge of 1.5% per month and all collection related charges. Early cancellation of your monitoring plan will result in a fee of $200, which you agree to pay at the time of the cancellation in addition to any existing unpaid balance on your account. 5. MAINTENANCE EXCLUSIONS - Horizon Technologies is not obligated to provide the limited warranties or maintenance services if there has been any unauthorized alteration, modifications, or repair of the Units, if there is use with the Units of accessories or devices not approved by Horizon Technologies as being compatible, or in the case of accidents, maintenance, misuse, abuse, neglect, damage, tampering, improper installation, unauthorized use, connection to an improper voltage supply, reception or transmission problems caused by inadequate or improper antenna (not provided by Horizon Technologies), reception problems caused by an inadequate signal level in the operating area, damage due to exposure to the elements, use with accessories or devices not approved by Horizon Technologies, failure to install or use the Units in accordance with instruction manuals, or acts of God. The limited warranties and maintenance services do not cover accessories, batteries, casings, coverings, and other nonelectrical components. The limited warranties are in lieu of all other warranties, except where prohibited by law and, where prohibited, any such warranty shall be limited to the minimum warranty period required by law. No employee or agent of Horizon Technologies has the authority to grant any other warranty to You, written or oral. 6. MAINTENANCE EXCLUSIONS - You acknowledge that the Services are based upon the Service furnished to Horizon Technologies utilizing cellular telephone service furnished by one or more participating carriers (“Participating Carriers”) pursuant to agreements between such Participating Carriers and subject to terms, conditions and limitations therein set forth. YOU FURTHER ACKNOWLEDGE THAT PARTICIPATING CARRIERS DISCLAIM ALL LIABILITY OF ANY NATURE TO YOU, WHETHER DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL AND YOU AGREE THAT YOU SHALL HAVE NO CLAIMS AGAINST PARTICIPATING CARRIERS OF ANY KIND WITH RESPECT THERETO. You also acknowledge that complete coverage of any area within the Coverage Map at all times is improbable. The existence of adverse conditions, such as short-term unpredictable meteorological effects and sky wave interference from distant stations, can interrupt the Service at times. Certain circumstances such as weather, tunnels, underground structures, terrain, high-rise buildings, enclosed or underground parking or driving areas, faulty installation, motor ignition and other electrical noises and radio signals from external sources may interfere with the Services. The Coverage Map describes general parameters of expected coverage and is not a guarantee of coverage. 7. LIMITATION OF LIABILITY - Horizon Technologies shall not be liable to you or to any other person for any loss or damage caused by any interruption of the Services, regardless of cause. In no event shall Horizon Technologies’ liability to you exceed the amount paid by you for the Units or the Services in question. Horizon Technologies shall not be liable to you or any third party for consequential, incidental, general, special or exemplary damages, including, without limitation, loss of or damage to Your vehicles or loss of profits, revenues or data, even if Horizon Technologies has been advised of the possibility of such damages. No action shall be brought for any breach of this Agreement more than one year after the accrual of such cause of action except for money due on an open account. Certain of the above limitations may not apply in some states. 8. INTERRUPTION OF SERVICES; FORCE MAJEURE - Horizon Technologies shall have no liability for a failure to provide, or for delay in providing, the Units, the Services or maintenance due directly or indirectly to causes beyond the control of Horizon Technologies or its subcontractors. If Horizon Technologies is unable to wholly or partially perform the Services because of any cause beyond its control, Horizon Technologies may terminate this Agreement without any liability to you, other than refund of any amounts paid for the undeliverable Units or Services. 9. REVISION OF FEES AND SERVICES: After the end of the first year following execution of this Agreement by Horizon Technologies, Horizon Technologies may, at any time, upon thirty days’ prior written notice to you, revise (a) the monthly rates for Monitoring Plans set forth in this Agreement, (b) the number of actions assigned to each location and data communication service, and (c) the cost and features of Services and programs, as set forth in this Agreement and in the product brochure in effect on the date of Horizon Technologies execution of this Agreement. 10. TERM AND TERMINATION; RENEWAL: This Agreement shall remain in full force and effect for a period of one year from the date this Agreement is executed by Horizon Technologies, and shall be automatically renewed and extended without action by any party for additional periods of one year; provided, however, that either Horizon Technologies or you may terminate this Agreement for non-payment or a breach by you of the terms and conditions of this agreement upon not less than thirty days prior notice, to be effective on the date stated in the cancellation notice. Notwithstanding the foregoing, this Agreement shall terminate immediately without liability if the authorizations held by Horizon Technologies or its vendors are revoked by the FCC. 11. GENERAL: No amendment or modification hereof shall be binding upon Horizon Technologies unless such amendment or modification is in writing signed by an authorized officer of Horizon Technologies. If any term hereof is contrary to, prohibited by or deemed invalid under applicable laws or regulations, such term shall be deemed omitted to the extent prohibited or invalid but the remainder of these Terms and this Agreement shall not be invalidated and shall be given effect so far as possible. Any waiver of any right in, or breach of, this Agreement shall not be a continuing waiver and shall not prevent any claim of breach of the same term or any other term of this Agreement. This Agreement is fully assignable by Horizon Technologies to any person or entity and shall inure to the benefit of such assignee or successor. You may not assign this Agreement without the prior written consent of Horizon Technologies, except that you may, without Horizon Technologies’ consent, assign this Agreement (a) to your parent company, a subsidiary, or an affiliate; (b) to any successor corporation by consolidation or merger; or (c) to any corporation with the authority to carry on a business of a nature transacted by you and to which you have sold all substantially all of your assets, provided that you have advised Horizon Technologies in writing of such assignment, and you remain liable for any obligations or liabilities arising under this Agreement. RETURN POLICIES Click Here for our Return Policies. UNIT SALES AGREEMENT Click Here for our Unit Sales Agreement. |