SG MOBILE USA LLC, a Florida Limited Liability Company (“Seller”) warrants to the original purchaser of MYSIMTRAVEL SIM card(s) (“Buyer”) that MYSIMTRAVEL SIM card(s) (“MYSIMTRAVEL(s)”), provided that they are properly maintained, are warranted, under normal and proper use, shall conform to their technical specifications and be free from defects in workmanship or material for a period of twelve (12) months after the date of delivery to the Buyer (“Limited Warranty Period”).
Seller will indemnify, defend (with counsel of Seller’s choice) and hold harmless the Buyer against any loss, liability or claim arising from breach of this Limited Warranty, solely to the extent set forth below. If Seller, in Seller’s reasonable determination determines that any MYSIMTRAVEL(s) do not conform to this Limited Warranty, Seller, at Seller’s sole option will repair or replace the non-conforming MYSIMTRAVEL(s). The remedy under this Limited Warranty is expressly limited to repair or replacement of defects in MYSIMTRAVEL(s), and does not include incidental or consequential damages which are specifically disclaimed. Some states in the United States do not allow the exclusion or limitation of incidental or consequential damages, so the limitations or exclusions may not apply to you.
This warranty is conditioned upon the prepaid return to Seller at 5447 Haines Road, Suite #344, Saint Petersburg, Florida 33714 during the Limited Warranty period of any MYSIMTRAVEL(s) claimed to be defective for examination by Seller to verify the claimed defect. If in the reasonable judgment of Seller the MYSIMTRAVEL(s) are found to be defective, Seller will repair or replace at its option the MYSIMTRAVEL(s) free of charge. Thereafter, the MYSIMTRAVEL(s) will be returned to the original Buyer with transportation prepaid. In the event Seller reasonably determines that the MYSIMTRAVEL(s) are not defective, the MYSIMTRAVEL(s) will be returned to the Buyer at Buyer’s expense.
This Limited Warranty (“Limited Warranty”) shall be effective only if (1) the Buyer within the Limited Warranty Period gives Seller written notice of a claim under this Limited Warranty within thirty (30) days after the Buyer discovers or should have discovered the existence of the condition that gives rise to the claim.
Notwithstanding anything to the contrary in this Limited Warranty any damage or defect resulting in whole or in part from any of the following causes is NOT the responsibility of Seller and is NOT covered by this Limited Warranty:
- (a) Water Damage; (b) Damages by accident or unauthorized modifications; (c) Improper installation of MYSIMTRAVEL(s), including, without limitation, failure to comply with any Seller installation instructions; (d) Floods, fires, winds, lightning, accident, vandalism, terrorism, war, malicious mischief, or other causes outside the control of Seller; (e) Improper installation, maintenance, or repair; (f) Ordinary wear and tear; (g) If any serial number has been altered or removed; (h) Damages due to proximity or exposure to heat; (i) Damages caused by a defective mobile device.
LIMITATION OF WARRANTY
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, CONCERNING THE PURCHASE, USE OR CONDITION OF ANY MYSIMTRAVEL(S), INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OR CONFORMITY WITH ANY DESCRIPTION OR SAMPLE. EXCEPT AS SET FORTH IN THIS LIMITED WARRANTY, ALL WARRANTIES, REPRESENTATIONS, CONDITIONS AND OTHER TERMS IMPLIED BY LAW ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF.
LIMITATION OF DAMAGES
BUYER’S EXCLUSIVE REMEDY FOR ANY AND ALL LIABILITIES, LOSSES, DAMAGES, COSTS AND EXPENSES ARISING OUT OF OR IN CONNECTION WITH THE PURCHASE, USE OR CONDITION OF ANY MYSIMTRAVEL(S), INCLUDING, WITHOUT LIMITATION, ANY BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR STRICT LIABILITY, OR ANY ALLEGATION THEREOF, SHALL BE LIMITED TO REPAIR OR REPLACEMENT OF THE MYSIMTRAVEL(S) FOR WHICH A CLAIM IS MADE AND PROVED OF THE MYSIMTRAVEL(S). IN NO EVENT SHALL SELLER BE LIABLE FOR ANY PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT LOSSES, INCLUDING WITHOUT LIMITATION LOST PROFITS OR REVENUES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PURCHASE, USE OR CONDITION OF ANY MYSIMTRAVEL(S).
This Limited Warranty shall be the sole and exclusive warranty given with respect to the MYSIMTRAVEL(s). The Buyer acknowledges and agrees that, except for this Limited Warranty, Seller makes no warranty of any kind with respect to the MYSIMTRAVEL(s), including without limitation any warranty of merchantability or fitness for a particular purpose. Buyer acknowledges that he/she/it is required to inspect the MYSIMTRAVEL(s) immediately upon delivery and that Buyer is relying upon that inspection in accepting delivery of the MYSIMTRAVEL(s).
No person other than the Buyer and Seller shall have any rights to enforce any term of this Limited Warranty. Seller shall be permitted to assign any obligations and limitations under this Limited Warranty, without the prior consent of Buyer, to any purchaser of substantially all of the assets of Seller or to any financially responsible party in connection therewith.
MANDATORY BINDING ARBITRATION
ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTY OR THE CONTRACT OR CONTRACTS RELATED TO THE SALE OF MYSIMTRAVEL(S) SHALL BE RESOLVED BY ARBITRATION ADMINISTERED BY AND PURSUANT TO THE APPLICABLE RULES AND PROCEDURES OF THE OF THE AMERICAN ARBITRATION ASSOCIATION BEFORE A SINGLE ARBITRATOR IN ST. PETERSBURG, FLORIDA, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY ANY COURT HAVING JURISDICTION THEREOF SITTING ONLY IN ST. PETERSBURG, FLORIDA. IN THE EVENT OF THE ARBITRATION (OR LITIGATION FOR A JUDGMENT ON AN AWARD) OF ANY SUCH DISPUTE, THE PREVAILING PARTY ON ANY CLAIM SHALL BE PAID THE PREVAILING PARTY’S REASONABLE ATTORNEYS FEES, EXPERT WITNESS FEES, AND OTHER COSTS ASSOCIATED WITH THE PARTICULAR CLAIM.
This Limited Warranty is to be governed by the internal laws of the State of Florida without regard to its conflicts of laws principles.
Seller does not authorize any person(s), including Buyer, to change the terms of this Limited Warranty or to extend any warranty that is binding on Seller to any third party.
No claim of a breach of warranty shall be cause for cancellation or rescission of the contract to purchase MYSIMTRAVEL(s).