Iridium Product Warranty
Limited Warranty Including Exclusions, Disclaimers, Limitations of Liability and Conditions of Use; Warranty Claim Process and Privacy and Data Security
This Limited Warranty including Exclusions, Disclaimers, Limitations of Liability and Conditions of Use (“Limited Warranty”) applies only to the Iridium (including hardware, software and firmware and the Accessories listed herein (collectively, “Product”) sold by Iridium or its authorized manufacturer, resellers and distributors (collectively, “Service Providers”). This Limited Warranty extends only to the first retail purchaser of the Product (“you”) and is not assignable or transferable.
Subject to the Exclusions contained below, Iridium warrants to you that the Product will be free from defects in materials and workmanship under normal usage (including without limitation following all safety precautions, adhering to instructions on antenna care, ingress protection, and device charging and handling) for a period of one (1) year from the date of original retail purchase (the “Warranty Period”), and if Iridium receives, during the Warranty Period and in accordance with the instructions set out in this Limited Warranty, notice of a defect in the Product covered by this Limited Warranty, Iridium will repair or replace the Product or refund the purchase price of the Product, at Iridium’s sole option. Iridium shall have no obligation to repair, replace, or refund unless the defective Product is returned in accordance with the instructions set out in this Limited Warranty and within the Warranty Period. You are required to provide original proof of purchase as a condition of receiving warranty service as more fully described in the “Warranty Claim Process” below.
Any replacement products or parts may contain new and used materials equivalent to new in performance and reliability. Any replacement product or part will also have functionality at least equal to that of the product or part being replaced. Replacement products and parts are warranted to be free from defects in material or workmanship under normal usage for the remainder of the applicable Warranty Period of the original Product for which a replacement product or part is provided under this Limited Warranty. A returned Product for which a replacement has been provided shall become Iridium’s property.
IRIDIUM DOES AND MAY CONTINUE, AT ITS SOLE DISCRETION, TO SUBCONTRACT TO AND ENGAGE A THIRD PARTY TO PROVIDE THE WARRANTY SERVICES PROVIDED FOR IN THIS LIMITED WARRANTY.
If you acquired this Product in Australia or in New Zealand, this Product comes with guarantees that cannot be excluded under the Australian Consumer Law or similar legislation in New Zealand. Notwithstanding other express terms and other limitations of this Limited Warranty (which other express terms and other limitations are negated by this paragraph, but only to the extent inconsistent with this paragraph, and will not be applied to limit consumer rights under such guarantees), where such guarantees operate, consumers are entitled to a replacement or a refund for a major failure of this Product and for compensation for any other reasonably foreseeable loss or damage. Where such guarantees operate, consumers are also entitled to have this Product repaired or replaced if this Product fails to be of acceptable quality and the failure does not amount to a major failure. Please follow the instructions as to use and report problems promptly: problems caused by use that is abnormal or contrary to instructions will generally not be covered. You should contact your Product provider in relation to problems with the Product and Iridium will assist your Product provider to resolve them, including replacement where required.
Exclusions
This Limited Warranty does not apply in the following circumstances, which will be assessed and determined by Iridium in its sole discretion:
Normal wear and tear. Periodic maintenance, repair, or replacement of parts due to normal wear and tear are excluded from coverage.
Batteries. Only batteries whose fully charged capacity falls below 80% of rated capacity and batteries that leak are covered by this Limited Warranty. Batteries that are charged by other than an Iridium compatible battery charger, have seals that are broken or show evidence of tampering that are used in equipment other than the Product, or are charged and stored at temperatures greater than 60 degrees centigrade, are excluded from coverage.
Abuse and Misuse. Defects or damage that result from improper operation or storage, misuse or abuse, accident or neglect, exposure to open, uncovered connectors including contact with liquid, water, rain, extreme humidity or heavy perspiration, sand, dirt or the like, extreme heat or spills of food, use of the Product for abnormal purposes, or other acts which are not the fault of Iridium, are excluded from coverage.
Use of Non-Iridium Products and Accessories. Defects or damage that result from the use of non-Iridium certified products, accessories or software or other ancillary or peripheral equipment are excluded from coverage.
Unauthorized Service or Modifications. Defects or damage resulting from any service, testing, adjustment, integration, installation, operation, maintenance, service, alteration, modification or integration with any non- compatible Iridium product in any manner other than in accordance with Product user documentation and instructions and/or by someone other than Iridium or a Service Provider are excluded from coverage.
Altered Products. Products that have been tampered with, altered, have non-Iridium housings or parts, or have had the serial numbers or date tags removed, altered or obliterated are excluded from coverage.
Communication Services. Defects, damages or failure of the Product due to any non-Iridium communication service or signal or use of a non-Iridium branded communication service or signal are excluded from coverage.
Software Embodied in Physical Media. No warranty is made that any software will meet your requirements or will work in combination with any hardware or software applications provided by third parties, that the operation of the software will be uninterrupted or error free, or that all defects in the software will be corrected.
Privacy and Data Security. No warranty is made that any communications engaged in while using the Product will be secure or private.
Disclaimers
THIS LIMITED WARRANTY IS EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, REPRESENTATIONS, GUARANTEES, OR CONDITIONS, INCLUDING WITHOUT LIMITATION, ANY IMPLIED REPRESENTATIONS, GUARANTEES, CONDITIONS OR WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, 100 NON-INFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, OR RELATED TO THE PERFORMANCE OR NONPERFORMANCE OF ANY PRODUCTS, ACCESSORIES, FACILITIES OR SERVICES. ANY OTHER STANDARDS OF PERFORMANCE, GUARANTEES, CONDITIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. THIS DISCLAIMER SHALL APPLY EVEN IF THIS EXPRESS LIMITED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE. FURTHER, THIS LIMITED WARRANTY COVERS THE PRODUCT ONLY, AND NO WARRANTY IS MADE AS TO USER INFORMATION AND/OR TO COVERAGE, AVAILABILITY OR GRADE OF SERVICE PROVIDED BY IRIDIUM SEPARATELY FOR IRIDIUM SATELLITE SERVICES. ANY IMPLIED WARRANTIES THAT MAY BE IMPOSED BY LAW, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SHALL BE LIMITED TO THE DURATION OF THIS LIMITED WARRANTY.
Limitations of Liability and Conditions of Use
This Limited Warranty is your sole and exclusive remedy. These terms and conditions supersede any prior agreements or representations, including those made in Iridium sales literature or advice given to you by Iridium or an Iridium Service Provider in connection with your purchase.
IN NO EVENT SHALL IRIDIUM BE LIABLE, WHETHER IN CONTRACT OR TORT OR ANY OTHER LEGAL THEORY, INCLUDING WITHOUT LIMITATION STRICT LIABILITY, GROSS NEGLIGENCE OR NEGLIGENCE, FOR ANY DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCT AND/OR THE COST OF IRIDIUM SATELLITE SERVICES PROVIDED. NOR SHALL IRIDIUM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF PRIVACY, LOSS OF USE, LOSS OF TIME OR INCONVENIENCE, LOSS OF INFORMATION OR DATA, SOFTWARE OR APPLICATIONS OR OTHER FINANCIAL LOSS CAUSED BY THE PRODUCT AND/OR THE IRIDIUM SATELLITE SERVICES, OR ARISING OUT OF OR IN CONNECTION WITH THE ABILITY OR INABILITY TO USE, OR THE USE OF THE PRODUCT AND/OR THE IRIDIUM SATELLITE SERVICES, TO THE FULLEST EXTENT THESE DAMAGES MAY BE DISCLAIMED BY LAW AND REGARDLESS OF WHETHER IRIDIUM WAS ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES. IRIDIUM IS NOT LIABLE FOR ANY CLAIM MADE BY A THIRD PARTY OR MADE BY YOU FOR A THIRD PARTY.
USERS OF THE IRIDIUM SATELLITE SERVICES AND RELATED EQUIPMENT, INCLUDING WITHOUT LIMITATION THOSE USING THE SERVICE AND THE PRODUCT IN ANY MANNER IN CONJUNCTION WITH EMERGENCY 911 (U.S.), EMERGENCY TRIPLE ZERO (000) (AUSTRALIA), 112 (EUROPEAN UNION), OR ANY OTHER DISTRESS CALLING OR EMERGENCY SERVICES IN ANY JURISDICTION, BOTH PUBLIC OR PRIVATELY OPERATED, ACKNOWLEDGE AND AGREE AS A CONDITION OF THE PROVISION OF SERVICE AND PRODUCT BY IRIDIUM THAT THEY WILL MAKE NO CLAIM, WHETHER IN CONTRACT, INDEMNITY, TORT OR ANY OTHER LEGAL THEORY AGAINST IRIDIUM FOR BODILY INJURY, LOSS OF LIFE, DAMAGE TO PROPERTY OR FOR ANY OTHER LOSS WHATSOEVER, OR FOR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, BY REASON OF ANY UNAVAILABILITY, DELAY, FAULTINESS OR FAILURES OF THE IRIDIUM FACILITIES OR SERVICE, PRODUCT, OR EQUIPMENT OR FOR INACCURACIES OR FAILURES WITH REGARD TO ANY USER INFORMATION PROVIDED. THIS IS A WAIVER, RELEASE AND DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND APPLIES REGARDLESS OF THE CAUSE OF ANY LIABILITY, INCLUDING WITHOUT LIMITATIONS, TO WRONGFUL CONDUCT, OMISSION OR FAULT OF EMPLOYEES OR AGENTS OF IRIDIUM.
You are permitted to use the Product only as described and specified in this Limited Warranty (including Exclusions, Disclaimer of Warranties, Limitations of Liability and Conditions of Use). By using the Product, you are indicating that you agree to comply with the terms of this Limited Warranty. If you fail to comply with this Limited Warranty, Iridium may void certain protections offered under the Limited Warranty and Iridium reserves the right to terminate your right to use the Product on the Iridium system. If you do not accept the terms of this Limited Warranty, do not use the Product on the Iridium system.
You are permitted to use the Product only in connection with service on the Iridium system using airtime purchased from your Service Provider. You are required to comply with this Limited Warranty, as well as all terms and conditions that are provided separately by your Service Provider, as such terms and conditions may change from time to time. Iridium or your Service Provider may also establish additional terms and conditions from time to time. In the event any Iridium term or condition conflicts with any Service Provider term or condition, the Iridium term or condition shall govern. Your Service Provider will be provided with notice of any new terms and conditions or any changes in these terms and conditions. All terms and conditions will be effective as of the effective date stated on the document, and we may update the terms and conditions from time to time with new or modified terms. It is your responsibility to check the terms and conditions posted on our website from time to time. Your continued use of the Product on the Iridium system after such updated terms and conditions are posted shall constitute your acceptance of such new or modified terms.
The Product is designed for use with an Iridium-compatible IOS®, Android™ or Windows application to be installed on your smartphone or tablet. You may not use the Product in connection with any other third-party devices, including but not limited to computers, cameras, batteries, GPS devices, recorders or other devices which alter the information sent or received by the Product, except to the extent that Iridium has certified those devices and confirmed that their use will have no adverse effect on the Iridium system; these other devices approved by Iridium will be advertised and labeled as being approved by Iridium. You may use only “Iridium Certified Devices” or smartphones or tablets with Iridium-compatible iOS, Android or Windows applications with this Product and with the Iridium system.
You may not modify the Product or any component of the Product. You may not reverse-engineer, or attempt to reverse-engineer, the Product, any component of any Product or the manner in which the Product connects to, sends information to, receives information from, or otherwise interacts with the Iridium system.
Cellular Phone Data. Satellite data is more expensive than cellular data, so it is important to only allow the data you want to go over the satellite network. You are fully responsible for any data you send over the satellite network and any associated costs.
Defense and Indemnity for Unauthorized Use. You are required to comply with all applicable laws and regulations in your use of the Product. To the extent that you: (i) violate this Limited Warranty, the terms and conditions applicable to the Iridium system or other agreements between you and Iridium, or between you and your Service Provider; (ii) utilize a product other than an Iridium-approved Device on the Iridium system; (iii) modify the Product or any Product component, reverse-engineer the Product or any Product component or attempt to do so; (iv) violate any applicable laws or regulations; or (v) use or misuse of the Product contrary to or in violation of this User Manual (collectively “Unauthorized Use”), you agree to defend, indemnify and hold Iridium and your Service Provider harmless with respect to any claims or actions by governmental entities or other third parties related to your Unauthorized Use and to pay all costs, damages, fines and other amounts incurred by us, or on our behalf, in the defense of any such claims or actions. Further, we specifically disallow any liability and will not credit back airtime charges related to any Unauthorized Use.
In addition to Iridium’s express reservation of other remedies available to it, Iridium reserves the right to discontinue providing Iridium satellite services and/or to disable your Product’s access to the Iridium system. If Iridium reasonably believes that you are engaged in any Unauthorized Use, we may seek equitable relief to prevent such Unauthorized Use without having to wait to see if damage to the Iridium system occurs.
This Product is covered by a U.S.A. warranty. This Limited Warranty is applicable in all countries and is enforceable in any country or region where Iridium or its Service Provider offer warranty service for the Product. Outside of the U.S.A., any different warranty terms, liabilities and/or legal requirements of the country in which the Product is sold are specifically disclaimed by Iridium to the extent permitted by law. Warranty service availability and response times may vary from country to country and may be subject to registration requirements in the country of purchase. Your Iridium Service Provider can provide details.
This Limited Warranty gives you specific legal rights. You may also have other rights that may vary from state to state or country to country. Some states/countries do not allow or acknowledge the existence, limitation or exclusion of incidental or consequential damages, or limitation on the length of an implied warranty, so some limitations or exclusions of this Limited Warranty may not apply to you. You are advised to consult applicable state/country laws for a full determination of your rights.