User's Manual Part 4

TND

™

765 Fleet Edition User Manual

tested prior to delivery to Customer to ensure, to the extent possible using commercially

available anti-virus technology, that at the time of delivery it is free from harmful viruses

(e.g., Trojan horse, worm or other software routines designed to permit unauthorized

access, to disable, erase or otherwise harm the Software, hardware or data),; provided,

however, that the warranties described above do not extend to the operation of the

Software on any hardware conﬁguration other than as described in this Agreement or

as to any copy of the Software that is modiﬁed by any person or entity other than Rand

McNally (or its licensors or suppliers).

d. Defective Product Procedure. Any product proven defective after acceptance by

Customer, and within the applicable warranty period set forth on the Order Form, will

be, upon return of such defective parts, either adjusted, repaired, or replaced, at the

sole discretion of Rand McNally; provided, however, that Customer shall (i) notify Rand

McNally in writing during the Warranty Period that such product failed to conform to the

warranty set forth in this paragraph and furnish a reasonably detailed explanation of

any alleged nonconformity; (ii) obtain a return merchandise authorization (“RMA”) by

submitting a form approved by

Rand McNally to receive a Rand McNally-issued RMA number for the nonconforming

product from Rand McNally; and (iii) within thirty (30) days following receipt of the

RMA number, return such product to Rand McNally, with the RMA number prominently

attached, F.O.B. Rand McNally at such location as Rand McNally may designate in

writing. Customer shall assume all responsibility and expense for removal, reinstallation

and freight in connection with the foregoing. In the event Rand McNally’s evaluation of

the returned product results in no problem found, Customer shall pay Rand McNally for

the resources used to conduct the product evaluation (currently $75.00) and the cost of

returning the product to the Customer. If Customer fails to notify Rand McNally during

an applicable Warranty Period, pursuant to clause (a) of this Section 13, with respect to

any product returned by Customer, then Customer shall be charged the then-applicable

rates to repair such product, in addition to shipping costs.

e. Return of Goods. Rand McNally shall, in Rand McNally’s discretion, repair or replace

products returned in accordance with the terms of this Agreement. No credit or refund

of the Sales Price will be allowed for products returned by Customer unless agreed

by Rand McNally in writing, prior to the return. If returned goods are accepted, then

Customer shall make payment to Rand McNally of reasonable and proper return charges

based on Rand McNally’s expenses involved in handling and/or restocking.

f. Damaged Goods. Customer may make reasonable arrangements to inspect Rand

McNally products prior to acceptance by Customer’s designated carrier. If Rand McNally

is not

notiﬁed within ﬁve (5) business days, Customer shall be deemed to have inspected

and accepted the products.

g. Back Orders. Any back ordered items will be shipped as soon as available.

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