MY+ WARRANTY (MPW)
COVERAGE PLAN TERMS & CONDITIONS
DESCRIPTION OF MY+ WARRANTY (MPW)
MPW is an optional Service Plan Available
Subscriber equipment includes portables, mobiles, pagers, and consolettes such as, but not limited to, the HT1000, XTS3000, and MCS2000. IN addition, two-way subscriber standard palm microphones and single mobile control heads are covered and provided that they are required for normal operation of the equipment and are at the point of manufacture.
Excluded equipment includes: encryption; analog voice secure board (manufactured by Transcrypt); custom or special products; belt clips; optional accessories; non-standard mobile microphones; iDEN accessories; iDEN mobile microphones; portable remote speaker microphones; optional and additional control heads; mobile external speakers; single and multiple unit portable chargers; batteries; mobile power and antenna cables; mobile antennas; portable antennas; power supplies; and Motorola Software. Equipment whose serial number has been removed or made illegible and will not power up is also excluded.
If equipment covered by the plan fails to perform in accordance with the published specifications in effect at the time equipment was purchased, MyTwoWayRadios.com and it's inherent responsible manufacturers, at it's option, will either repair or replace the equipment via shipping it directly to the manufacturer or an authorized service center. Some returns and items may be sent back to our warehouse for further investigation and repair/replace options. Such action on the part of MyTwoWayRadios.com shall be the full extent of the MyTwoWayRadios.com liability under the plan.
Under this plan, repair includes:
A) Testing and restoring the equipment to MyTwoWayRadios.com's (and/or Manufacturers) specifications. Restoration, at MyTwoWayRadios.com option, may include the replacement of parts or boards with functionally equivalent reconditioned or new parts or boards. Replaced parts, boards or equipment, are covered for the remaining period of the plan. All replaced parts, boards or equipment shall become the property of Motorola and will not be returned to the Customer.
B) Reprogramming equipment to original operating parameters based on the Customer template, if retrievable, or from a Customer supplied backup diskette. If the Customer template is not retrievable, a generic template utilizing the latest Radio Service Software (RSS)/Customer Programming Software (CPS) version for the equipment will be used.
C) Cleaning of external housing of the equipment.
D) Liquid damage coverage for ruggedized units ONLY (unites ordered with the H499/H64 option or other products intended for chemical or extreme environments)
E) Priority Processing when repair is initiated via MyTwoWayRadios.com. MyTwoWayRadios.com will pay the inbound shipping charges only if the Customer uses the MyTwoWayRadios.com designated delivery service. Please call our toll free number for more information.
EXCLUDED SERVICES UNDER MPW
This plan does not cover defects, malfunctions, performance failures or damages to the unit resulting from:
A) Use in other than it's normal and customary manner
B) Misuse, vandalism, accident, Acts of God, or neglect
C) Defects or damage due to physical, chemical or liquid damage (liquid damage is covered on units ordered with the H499/H64 ruggedized option ONLY)
D) Improper disassembly, testing, operation, maintenance, installation, modification, adjustment, alteration repair.
This plan also excludes:
A) Radio frequency coverage or range over which the equipment will transmit and receive signals.
B) Upgrades and reprogramming.
C) Local services or annual maintenance required for maintaining normal operation of the equipment.
D) Scratches or cosmetic damage to equipment surfaces that does not affect operation.
E) Inbound freight insurance charges for declared values in excess of $100 on inbound shipments.
Customer must complete the repair request form for the designated MyTwoWayRadios.com and inherent manufacturers service facility and include a copy in the box with the equipment sent for repair. The repair request form is available on our website in the information center, or by calling our toll free number. Federal Government Customers, please call us directly. Mobile control heads or accessory items sent in must reference the serial number of the main unit. If desired, Customer may supply MyTwoWayRadios.com with a 3.5" backup diskette with the software template or programming in order to assist in returning.
The plan is paid in full at the time of purchase and is non-cancelable and non-refundable.
THERE ARE NO WARRANTIES EXPRESS OR IMPLIED REGARDING MY PLUS WARRANTY, INCLUDING, WITHOUT LIMITATION TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LIMITATION OF LIABILITY: NOTWITHSTANDING ANY OTHER PROVISION, EXCEPT FOR PERSONAL INJURY, MYTWOWAYRADIOS.COM (S) TOTAL LIABILITY FOR LOSSES ARISING OUT OF OR RELATED TO THIS PLAN WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, WARRANTY, STRICT LIABILITY IN TORT, OR OTHERWISE, IS LIMITED TO THE PRICE OF TWELVE (12) MONTHS OF SERVICES PROVIDED UNDER THE PLAN FOR THE PARTICULAR EQUIPMENT COVERED. IN NO EVENT WHETHER FOR BREACH OF CONTRACT, WARRANTY, OR OTHERWISE, WILL MYTWOWAYRADIOS.COM BE LIABLE FOR INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DMAGES TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT OR REVENUE, LOSS OF USE OF THE PRODUCTS OR ANY ASSOCIATED EQUIPMENT, LOSS OF DATA, COST OF CAPITAL, COST OF SUBSTITUE PRODUCT (S), FACILITIES OR SERVICES, OR DOWN TIME COSTS OR FOR ANY CLAIM AGAINST CUSTOMER BY ANY PARTY. EXCEPT FOR MONEY DUE UPON AN OPEN ACCOUNT, NO ACTION SHALL BE BROUGH FOR ANY BREACH OF THESE PLAN MORE THAN (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION.
A) If any court renders any portion of this plan unenforceable, the remaining terms will continue in full force and effect.
B) This plan and the rights and duties of the parties will be governed and interpreted in accordance with the laws of the state of Illinois, California and Florida.
C) Failure to exercise any right will not operate as a waver of that right, power, or privilege.
D) Neither party is liable for delays or lack of performance resulting from any causes such as strikes, material shortages, or acts of God that are beyond the party's reasonable control.
E) These terms and conditions may not be altered, amended, or modified.
F) Neither party will be bound by any terms contained in Customer's purchase orders, acknowledgments or other writings.
For questions pertaining to MPW, such as equipment covered or duration of coverage available, please contact your account representative or MyTwoWayRadios.com.