ComNav Navigator G2 Installation & Operation
Document PN 29010081 V1.1 - 58 -
3. ComNav reserves the right to modify the Equipment without any obligation to notify,
supply or install any improvements or alterations to existing Equipment.
NO OTHER WARRANTIES
THE FOREGOING WARRANTY IS EXCLUSIVE OF ALL OTHER WARRANTIES AND
CONDITIONS, WHETHER WRITTEN, ORAL OR IMPLIED, ARISING BY STATUTE OR
OTHERWISE, WITH RESPECT TO THE DESIGN, SALE, INSTALLATION OR USE OF THE
EQUIPMENT, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY AND FITNESS FOR THE ORDINARY PURPOSES
FOR WHICH THE EQUIPMENT IS USED OR FITNESS FOR A PARTICULAR PURPOSE,
AND ANY OTHER OBLIGATIONS ON THE PART OF COMNAV, ITS EMPLOYEES,
SUPPLIERS, AGENTS, OR REPRESENTATIVES.
LIMITATION OF LIABILITY
THE EXTENT OF COMNAV’S LIABILITY FOR DAMAGES OF ANY NATURE TO THE END
PURCHASER OR ANY OTHER PERSON OR ENTITY WHETHER IN CONTRACT OR
TORT, AND WHETHER TO PERSONS OR PROPERTY, SHALL IN NO CASE EXCEED, IN
THE AGGREGATE, THE COST OF CORRECTING THE DEFECT IN THE EQUIPMENT OR,
AT COMNAV’S OPTION, THE COST OF REPLACING THE DEFECTIVE ITEM. IN NO
EVENT WILL COMNAV BE LIABLE FOR ANY LOSS OF PRODUCTION, LOSS OF
PROFITS, LOSS OF USE OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL,
CONSEQUENTIAL OR CONTINGENT DAMAGES, EVEN IF COMNAV HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE
FOREGOING, COMNAV SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND
RESULTING FROM INSTALLATION, USE, QUALITY, PERFORMANCE OR ACCURACY
OF THE EQUIPMENT.
NOTICE OF DEFECT
The Limited Warranty will not apply with respect to any defective Equipment unless written
notice of such defect is given to ComNav, by mail to the address for ComNav set forth below,
or by facsimile to ComNav at 604-207-8008, and unless that written notice is received by
ComNav within ten (10) days of the date upon which the defect first became known to the
Purchaser.
Notices sent by mail from within North America will be deemed to be received by ComNav on
the seventh (7th) day first following the date of posting. Notices sent by mail from anywhere
else in the world will be deemed to be received by ComNav on the tenth (10th) day next
following the date of posting. Notices sent by facsimile will be deemed to be received by
ComNav on the date of transmission with appropriate answerback confirmation.
REMEDIES NOT TRANSFERABLE
The Purchaser’s remedies under this Warranty apply only to the original end-user of the
ComNav Equipment, being the Purchaser, and apply only to the original installation of the
Equipment. The Purchaser’s remedies under this Warranty are not transferable or
assignable by the Purchaser to others in whole or in part.
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