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Service Terms / Warranty

SERVICE TERMS AND WARRANTY INFORMATION

Tec-Garde Mobile Solutions Ltd may hereafter be known as "Tec-Garde," or "TGMS:"

Software activations or installations, or new software licence activations, whether for an individual device, computer, server, or for a browser-based software product, require a MINIMUM one-year contract and purchase from the customer. If the customer should decide to terminate or discontinue the software service prior to the one-year anniversary of installation of activation of same, the customer shall indemnify and remit to Tec-Garde, at the time of service discontinuation, all unpaid purchase cost, or monthly fees, for the balance of that year. There is no discount, rebate or other abatement of the responsibility by the customer to pay Tec-Garde all monthly software or licence fees in the event the customer discontinues using the software, for any reason. If the software has become non-operational or unusable, owing to a fault with the software, Tec-Garde will temporarily discontinue billing from the time that the customer submits to Tec-Garde a "non-functional software rebate claim," in the form approved or required by Tec-Garde, until such time as the software functionality is restored, providing that the software failure was not caused or occasioned by the customer, or the customer's employees or equipment, a cellular or wireless signal failure, an internet connection failure, utility, or public infrastructure failure, an "Act of God," war, "force majeur," insurrection, civil disobedience, weather, natural or man-made disaster, or terrorism.

Prices quoted do not include any Smartphones or tablet computers; they must be purchased and installed separately. Included software: device firmware and libraries, device drivers, and downloadable basic "demonstration" applications for the capture of data. No other software is included without cost. API's / SDK's / Drivers for many of our hardware products are provided at no additional charge via download from the manufacturers, however, Tec-Garde cannot control the availability of such software, and, is to be held as harmless as regards its availability, quality, or, efficacy, except where such software is provided by Tec-Garde for hardware devices built by Tec-Garde.

No other software applications are included in sale price for any devices, except, in some cases, "trial," or "demonstration" versions of software. We recommend for your consideration that you select / subscribe to one (or more) of the high-quality software applications offered on this site, such as "PATROL GARDE, powered by SkyNet."

If the customer purchases software from or through Tec--Garde, whether such software is produced directly by Tec-Garde, or, where Tec-Garde markets and sells such software as an authorized reseller or distributor, Tec-Garde and/or the software rights owners, assert all legal rights with respect to ownership of intellectual property, software code, software functionality, associated documentation, screen layouts, trademarks, trade names, training materials, etc....

Software and associated documentation may not be reproduced, copied, emulated, transmitted, disseminated by any means, or, allowed to be viewed by any persons other than principals or employees of the customer

without express written permission from the owner, publisher, or developer of the software or associated documentation. Prices do not include Smartphone or tablet computer voice or data plans; these must be purchased separately from your wireless provider, or from Tec-Garde. Generally, the devices offered for sale by Tec-Garde do not require a separate plan; it/they operate off your Smartphone, or tablet computer's voice or data plan, operating system, and installed software. If you have any questions, please ask us. PST / GST / HST / VAT (all taxes) / Duties / shipping insurance / customs tariffs/brokerage charges are NOT INCLUDED in the quoted prices, and are extra, as may be applicable, and are payable by the customer.

Prices quoted on the website do not include shipping charges, local customs duties or tariffs, or taxes, which are extra. All sales are final.

Upon shipping, you will receive your official invoice by email. THIS IS BOTH YOUR OFFICIAL INVOICE AND PROOF OF PURCHASE FOR WARRANTY CLAIMS. Please note that no additional invoice will be sent to you. The invoice will serve as your invoice or proof of purchase, and warranty; you will require this document as your proof of purchase for any warranty claims: PLEASE DO NOT LOSE THE INVOICE DOCUMENT. No other document will serve as a proof of purchase; Tec-Garde Mobile Solutions Ltd reserves the right to confirm customer identification before processing any warranty claims. Please note that some items are shipped unassembled, or partially assembled, or may require a smartphone, tablet computer, or other component(s) to be inserted, or to function; these items are not included, and must be purchased separately. It is the customer's responsibility to ascertain if assembly is required for any given item. If you have any questions, please ask us before completing your purchase. The Customer may request Tec-Garde to assemble any items we sell for a fee, which is negotiated on a case-by-case basis. The customer assumes all costs for final assembly.

WARRANTY: All "new" hardware products include a one-year warranty, unless otherwise indicated, against defects in manufacturing, workmanship, parts, and repair labour, when used as intended. All items sold as "refurbished," "used," "reconditioned," or "demo units," or "re-manufactured," carry a 30-day ONLY warranty, unless otherwise indicated, against defects in manufacturing, workmanship, parts, and repair labour, when used as intended..Tec-Garde mobile solutions Ltd, and/or the product manufacturers, assume no liability with regard to labour costs, integration or development costs, research costs, lost productivity, or lost income or profit should a device or software sold by Tec-Garde fail or become inoperable for any reason.

The warranty is not convertible to currency. Please note that the warranty is not transferrable, except as may be required by local law, and has no cash surrender value. The warranty-holder is the person or company named on the invoice (the Customer). The maximum warranty period for goods purchased herein is for one year from the invoice date, except where manufacturers' warranties specifically provide for a longer warranty period (please refer to any manufacturer's warranty). This warranty protects against product manufacturing or part defect or failure only. The Customer will hold as harmless Tec-Garde Mobile Solutions from any other claim or liability. This warranty, except where otherwise indicated by specific manufacturers' warranty, covers parts and repair labour cost only; No other claims will be honoured or considered valid. Tec-Garde and/or the product manufacturer, will for any approved warranty claim, repair or replace, at our sole and absolute discretion, with new, used, or reconditioned equipment, to make operational or satisfy the warranty, for any defective device, item, or part. If an item is not repairable, and if the product is no longer available, Tec-Garde reserves the right to substitute a comparable product, or, at the discretion of Tec-Garde, offer a full or partial refund, based on use and time elapsed. The Customer will be responsible for any associated shipping charges, customs duties or tariffs, or taxes payable relating to warranty claims. Tec-Garde's warranty, and any manufacturer's warranties (if applicable), specifically exclude reimbursement, repair, or replacement of any damage caused by the customer, howsoever occasioned. The warranty does not cover lost time, lost revenue, or loaner equipment. Damage caused by crushing, immersion in any fluid, dropping, or electrical surge or overcharging, or charging any electrical items with non-approved charging sources, or use of the item for unintended purposes, is SPECIFICALLY excluded from any warranty coverage. The Pulling out, disconnecting, or, disengaging of any electrical connection / plug / charging head by the attached electrical cord or cable, from any electrical receptacle, WILL VOID THE WARRANTY, and may cause electrical failure of the device: DO NOT PULL BY THE CORD. To disconnect any device from a power source, disengage the connection by pulling from the power supply unit, charging head, or, the housing around the male charging prongs. At the sole and absolute discretion of Tec-Garde, the warranty may be declared VOID if the product shows signs of physical damage or accident, outside the scope of normal usage, or if any person has attempted to "flash," modify, or upgrade any on-board device firmware without express written permission. All sales are final, except where otherwise noted. Customer is responsible for payment of any local customs, tariffs, or duties relating to the sale. Tec-Garde Mobile Solutions Ltd asserts, and the Customer agrees, that no promises, claims or warranties, implied or otherwise, exist except as noted herein, or in separate manufacturer warranty documents provided with the items purchased.

PLEASE NOTE: Items sold as "CLEARANCE ITEMS," or, "DISCONTINUED ITEMS," or, "LEGACY ITEMS," may be sold as new, however, as these are "legacy items" which are no longer manufactured, these items DO NOT CARRY a Tec-Garde Mobile Solutions Ltd standard warranty. The individual item MAY carry a manufacturer's warranty: please check with the manufacturer directly. Tec-Garde Mobile Solutions only warranties that the item is sold in "new" condition, and, that it will be in working condition at the time of receipt by the customer. If the device is not in good working order at the time of receipt, the customer MUST notify Tec-Garde within 48 hours of receipt for exchange, replacement, or refund (at Tec-Garde's sole and absolute discretion).

PLEASE NOTE: Batteries included/sold with devices are excluded from Tec-Garde's warranty standard coverage; the warranty on batteries is for a 30-day period only. All other warranty provisions remain the same. Manufacturers' warranties may exceed this. This is owing to the fact that batteries can be damaged easily by the customer if not charged in accordance with manufacturer's instructions, and, owing to varying conditions of product usage, different battery types in devices, varying electrical charging amperages and voltages, and, other factors which cannot be controlled by Tec-Garde. Upon receipt of your device, please check to ensure that your battery is charging and powering your device properly, and, that the device is retaining its charge as specified. Please report any shipping-related damage, or obvious manufacturing defects with the battery to Tec-Garde within 48 hours of receipt of the device for repair or replacement.

PLEASE NOTE: Customer-caused damage is exempt from exchange, replacement, or refund provisions. Customer is responsible for all shipping, customs charges, and/or taxes.

This transaction will be governed by the laws of the province of Ontario, Canada, and will be subject to the authority of the Ontario courts. Tec-Garde Mobile Solutions Ltd retains clear ownership and title to all goods shipped, until the full invoice amount has been settled. Where orders are not pre-paid or where credit is extended, all accounts must be settled within 14 days of the invoice date, unless otherwise agreed upon by the parties in writing. All overdue accounts will be subject to interest charges, at the rate of 36% per annum, calculated and billed monthly. Tec-Garde Mobile Solutions Ltd reserves the right to recover from the Customer any and all costs incurred in satisfying the invoiced amounts owing, or in recovering its property.

We reserve the right to alter the service terms and warranty from time to time, without notice, and as may be permitted by law.

Thank you again for your business. Please feel free to contact us by email, or by telephone, if you have any questions:

sales@tecgarde.com                support@tecgarde.com

Tel: 1.800.387.0000 (ask for Tec-Garde sales / support)

Fax: 1.416.469.4255