Limited Hardware Warranty
Limited Hardware Warranty
Important Note: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
1. Hardware Warranty
(a) Unless the parties agree to market/advertise or sell a hardware product for a specific use case and agree to a separate written warranty signed by the authorized representatives of each party, the Complete Innovations Inc. and Fleet Complete Australia Pty Ltd. (together “CI”) suite of hardware products listed in section 2 (“Products”) are warranted against material defects in workmanship and materials (excluding battery defects and/or drainage resulting from usage outside of device default settings of one interaction with the network in any 24 hour period) for the period outlined for the respective Products in section 2 from the date of shipment to the client (the “Client”). This warranty will come into force from June 1, 2020. The Client’s sole and exclusive remedy and CI’s entire liability for breach of the foregoing warranty will be the repair or, at CI’s option and expense, replacement of defective Product, or components thereof in accordance with this warranty. Title in all defective parts which are removed from a Product and replaced by CI hereunder shall transfer back to CI or its suppliers, as applicable.
NOTE: In reference to the AT5 and AT6 it is the Client’s sole and exclusive responsibility to maintain minimum AT5 / AT6 battery levels. In no event will CI be liable for any lost revenue, profit, or data, for special, indirect, consequential, incidental or punitive damages caused by inability to use the AT5, AT6 as a direct result of a forced disconnect.
(b) Unless otherwise so provided:
(i) The warranty period for computer programs in machine-readable form included in a Product, which are essential for the functionality thereof as specifically stated in the published Product specifications (“Core Product Software”) will be coincident with the warranty period of the Product. Software patches, bug fixes, updates or workarounds do not extend the original warranty period.
(ii) The warranty period for installation hardware that does not contain a serial number, such as adapters, USB connectors and certain power supplies (“Serialized Accessories”) is ninety (90) days from the date of shipment and for non-serialized installation hardware, such as antennas and cable harnesses is thirty (30) days from date of shipment by CI.
(c) Products may be serviced or manufactured with parts, components, or subassemblies that originate from returned products and that have been tested as meeting applicable specifications for equivalent new material and Products.
(d) The sole obligation of CI for defective Products is limited to repair or replacement (at CI’s option) on a “return to service depot” basis with CI’s prior written authorization.
(e) The above Product and Core Product Software warranty provisions shall not apply to batteries or if the Product or Core Product Software has been repaired, tampered with, altered or modified, except by CI or if the defects or damage to the Product or Core Software Product results from (i) contact with liquid, water, rain, extreme humidity, or food/drink; (ii) use of parts or accessories not approved or supplied by CI; (iii) unusual physical or electrical or power stress, abuse, or accident, or forces or exposure beyond normal use within the specified operational and environmental parameters set forth in the applicable Product specification; (iv) servicing, testing, installation, alteration or modification in any way by someone other than CI or its authorized service technicians or installers; or (v) in the case of the AT5 / AT6, Client fails to maintain the required minimum battery levels. The above warranty will also not apply if the Product, Core Product Software Product or serialized accessories have a serial number or date tags that have been removed, altered or obliterated, broken seals or there is evidence of tampering or mismatched board serial numbers.
2. Products Covered by CI Warranty
The following CI Products are covered by this warranty:
2. Installation Warranty
(a) To the extent that CI or an installer authorized by CI directly performs the installation of the Product, CI further warrants that, for a period of thirty six (36) months from the date of installation of the Product by CI or an authorized CI installer, the installation services will be performed with reasonable skill and in a professional manner. CI’s sole responsibility and the Client’s sole remedy with respect to deficient or non-conforming installation services is to use commercially reasonable efforts to re-perform such installation services. The warranty will come into force from June 1, 2020.
(b) The Installation warranty shall not apply (and could extend to voiding the Product warranty) if the installation has been tampered with, altered or modified, except by CI or a CI authorized installer. For greater certainty, the following conditions would not be covered under warranty: (i) power harness is disconnected; (ii) power harness is cut or damaged; (iii) antenna cable is disconnected; (iv) antenna cable is cut or damaged; (v) the installation defect is a result of contact with liquid, water, rain, extreme humidity, food or drink; (vi) the installation defects or damage results from use of parts or accessories not approved or installed by CI authorized installers; or (vii) the installation defects results from unusual physical or electrical/ power stress (ie; power surge), abuse, or accident, or forces or exposure beyond normal use within the specified operational and environmental parameters set forth in the applicable Product specification.
(c) Client no-shows and late cancellations impact CI’s our ability to provide customers with professional installation services. They also represent a considerable cost to CI. A late cancellation occurs when Client cancels a scheduled appointment on the day of the appointment. All appointments must be cancelled prior to 5 PM the business day before the scheduled service. If an installer is more than 30 minutes late on the day of scheduled service and Client cancels the installation appointment, this will not count as a late cancellation. A no-show occurs when the installer arrives at the scheduled time and place, and the Client is not there or the vehicle or equipment is not present or available for installation. The installers will wait 15 minutes before leaving a no-show notice. A late cancellation or no-show will result in a $75 charge to Client’s account.
4. Hardware Warranty Repair Procedures
(a) The Client may, within the Warranty Period, notify CI via email or phone of any Products containing defects.
(b) CI will evaluate the request and if required will dispatch an authorized service technician to resolve the defect. If the Product needs to be returned to CI for further investigation CI will issue a Returned Material Authorization (“RMA”) number to the Client. The Client shall then send the defective Product, freight and insurance paid by CI to 25 Wright Street, Adelaide, 5000, AU. If after investigation by CI the Product is deemed not to be defective or to have been tampered with or damaged by the Client, CI reserves the right to invoice the Client for the associated shipping costs when it returns the RMA Product to the Client. The Client shall ship Products in containers which provide adequate protections, and shall display the RMA number on the outside of the container(s). CI reserves the right to refuse to accept any rejected Products that do not bear an RMA number on the outside of the container.
(c) Client shall be responsible for all completed service charges for hardware tampering where CI retroactively determines there was no defect found, or for Product serviced that CI determines was not eligible for warranty repair at the date of requested service. CI reserves the right to retroactively invoice the Client for all completed services.
(d) If a defective Product is received by CI during the applicable Warranty Period, CI will, at its sole option and expense, repair or replace such Product using new Products or materials to make such repair or replacement and will ship the repaired or replaced Product back to the Client.
(e) If CI determines that the Product is defective, CI will be responsible for shipment to CI and assumes all costs and risks associated with this transportation as well as up to a maximum charge equal to one (1) hour of diagnostic services if the Client uses a third party to diagnose a problem with the Product. Return shipment to the Client will be at CI’s expense. Customer shall be responsible for all shipment charges for Product returned where CI determines there is no defect found, or for Product returned that CI determines is not eligible for warranty repair, provided that CI had not requested the return of the Product. CI will coordinate with an authorized service technician to have the Product reinstalled into the Client’s applicable vehicle.
(f) If CI delivers replacement Products, equipment or accessories to the Client, the Client is required to ship the originally delivered Products, equipment or accessories (the “Replaced Hardware”) back to CI and CI will pay for all such shipping costs. If Client fails to return Replaced Hardware to CI within 30 days, CI will charge the Client’s account for the full price of such Replaced Hardware through the Client’s telecommunications carrier’s billing system.
(g) The Client is responsible for de-installation and re-installation service fees, if applicable. It should also be noted that this warranty will be voided if an authorized service technician or installer is not used to perform infield work, except in the case of self-install Products (in which case the Client must comply with the associated self-install terms and conditions.
4. Warranty Liability
EXCEPT AS EXPRESSLY PROVIDED HEREIN AND TO THE EXTENT PERMITTED BY LAW, CI MAKES NO WARRANTIES, CONDITIONS OR REPRESENTATIONS, EXPRESS OR IMPLIED BY STATUTE, USAGE, CUSTOM OF THE TRADE OR OTHERWISE WITH RESPECT TO THE PRODUCTS, CORE PRODUCT SOFTWARE, SERIALIZED ACCESSORIES OR THE SERVICES PROVIDED BY CI, INCLUDING BUT NOT LIMITED TO, WARRANTIES, CONDITIONS, OR REPRESENTATIONS OF WORKMANSHIP, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR DURABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CI DOES NOT WARRANT THAT THE PRODUCTS, CORE PRODUCT SOFTWARE, SERIALIZED ACCESSORIES OR THE SERVICES WILL MEET ALL OF CLIENT’S REQUIREMENTS OR THAT THE OPERATION OF THE PRODUCTS OR CORE PRODUCT SOFTWARE WILL BE ERROR FREE.
5. Disclaimer of Liability
In rare circumstances the Products when used with the Core Product Software may interfere with aftermarket products, including but not limited to, products and applications such as pre-existing telematics systems, remote car starters, wheel chair lifts and other competing solutions. In the event that the Core Product Software causes interference, disruption, malfunction or any other abnormality in an aftermarket product or application, CI shall not be liable or responsible to the Client for any direct, indirect, incidental, consequential damages or losses resulting from the use of authorized or unauthorized aftermarket products and applications, whether or not CI has been advised of the possibility of such use or damages or such damages were reasonably foreseeable.
Last updated: October 15, 2021