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America, ELOCK will use reasonable efforts to ensure delivery within ten (10) business days. <br />Expedited service is available at additional cost to OWNER. <br />d) OWNER shall ship the product taken out of service, including cables and attachment hardware <br />where applicable, to the address below, freight or postage prepaid and insured by OWNER. <br />e) If ELOCK determines that the defect is not eligible for warranty service (e.g. defects due to <br />vandalism or power -washing), Out -of -Warranty service is available at OWNER's request. <br />f) When a product or part is exchanged, any replacement item becomes OWNER's property and the <br />replaced item becomes ELOCK's property. <br />7) Out of Warranty Service. Out of warranty service, replacement, and repair is available on a time and <br />materials basis. Please contact ELOCK for current Out -of -Warranty repair rates and to request service. <br />8) Limitations. <br />a) ELOCK is not responsible for damage arising from failure to follow instructions in the BikeLink Gen 5 <br />eLocker Product Manual relating to the product's use. <br />b) OWNER shall have no coverage or benefits under this Limited Product Warranty if the Product has <br />been subject to abnormal use, abnormal conditions, improper storage, improper cleaning or <br />maintenance, unauthorized modifications, disassembly, repair or alteration by any person other <br />than ELOCK or a party authorized by ELOCK, misuse, neglect, abuse, accident, use on improper <br />power supply, improper installation, installation of any third -party software, or other acts which are <br />not within the control of ELOCK, including acts of nature and damage caused during shipping <br />components for warranty service. <br />c) This Limited Product Warranty does not cover normal wear of parts or any use contrary to written <br />operating instructions. <br />d) Because battery cells maybe replaced by the OWNER, this Limited Product Warranty does not <br />__ —--- cover _a_ defect _o_f_ the _device _caused -by _leaking _ or_otherwise _defective -battery _ cells. <br />e) Incorrect service attempts made by technicians other than ELOCK-authorized technicians will void <br />this Limited Product Warranty. Service only by ELOCK technicians is strongly recommended due to <br />the potential for security issues, disabling of user access devices, unintended environmental <br />exposure of electronic components, or damage to electronics resulting from service by non-ELOCK <br />technicians. <br />f) OWNER ACKNOWLEDGES THAT THIS LIMITED WARRANTY SETS FORTH ITS COMPLETE REMEDY <br />WITH RESPECT TO THE PRODUCTS AND SOFTWARE AND THAT ELOCK'S LIABILITY FOR A WARRANTY <br />CLAIM IS LIMITED TO THE REMEDIES SET FORTH IN PARAGRAPH 6 ABOVE. IN NO EVENT SHALL <br />ELOCK BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, <br />WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, <br />WHETHER OR NOT OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. <br />g) Except as noted in paragraph 5 above, this Limited Product Warranty does not cover defects in <br />appearance of cosmetic, decorative or structural items, including framing, finishes, and any non- <br />operative parts. ELOCK's limit of liability under the limited warranty shall be the actual cash value of <br />the product at -the time ELOCK receives written notice of a defect from the OWNER, determined by <br />the price paid for the product less a reasonable amount for usage. ELOCK shall not be liable for any <br />other losses or damages. <br />h) ELOCK provides no warranty for damage caused by third parties, such as graffiti or scratches, <br />software hacking, software viruses, vandalism, neglect or abuse of the equipment. <br />Page 2 of 3 <br />