J. J. Keller® Electronic Logging Device
J. J. Keller & Associates, Inc. ("J. J. Keller") warrants its J. J. Keller® Electronic Logging Device ("ELD") to be free from defects in material and workmanship for a period of one (1) year from the date on which J. J. Keller ships it to the buyer, subject to the proper installation and normal use of the ELD.
THIS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES (WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED), INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Remedies
The buyer's sole and exclusive remedy against J. J. Keller for any alleged or actual breach of warranty (or any other legal theory) is limited to repair or replacement, at J. J. Keller's option, of any ELD that J. J. Keller determines to be defective. If J. J. Keller is unable to repair or replace the ELD within a reasonable time, the buyer may obtain a refund for the defective ELD. Buyer must immediately notify J. J. Keller of any claimed defect. J. J. Keller shall not be obligated to repair, replace, or provide a refund for any ELD that has been opened or otherwise manipulated in a manner that is inconsistent with J. J. Keller's exclusive right to repair or replace any allegedly defective ELD.
IN NO EVENT SHALL J. J. KELLER BE LIABLE FOR LOST PROFITS OR INDIRECT, DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR ANY OTHER KIND OF DAMAGES.