Other than the Warranty Policy that covers defective hardware (described below), Cradlepoint has a no-refund policy for Cradlepoint hardware or service products. This policy has not changed with the introduction of NetCloud Solution Packages. Upon activating entitlements (services), customers are required to accept the Terms of Service and License Agreement (TSLA) – see section 7.5 for reference to the no-refund policy.
All hardware products sold as a component of NetCloud Packages (including MC400 modems and docks) are warranted against defects in materials and workmanship through the Last Date of Support when used in accordance with Cradlepoint’s product documentation and provided the hardware products are under a continuous, fully paid-up subscription license to such NetCloud Package. You may refer to the following for the Last Date of Support dates in Cradlepoint’s End of Life Policy located at https://customer.cradlepoint.com/s/article/End-of-Life-EOL-Policy-Guidelines.
Notwithstanding the foregoing, antennas, batteries and power supplies are warranted against defects in materials and workmanship to the original purchaser for a period of one (1) year from the date of shipment, regardless of whether it is sold as a component of a NetCloud Package.
Cradlepoint’s warranty is limited to a repair or replacement of the hardware product, at Cradlepoint’s discretion, as purchaser’s sole and exclusive remedy. Cradlepoint does not warrant that the operation of the product will meet your requirements or be error-free. THE SPECIFIC WRITTEN WARRANTIES SET FORTH IN THIS WARRANTY STATEMENT ARE IN LIEU OF ANY OTHER WARRANTIES WHATSOEVER. EXCEPT AS SET FORTH HEREIN, CRADLEPOINT DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. To obtain warranty service, the purchaser must first call Cradlepoint for a Return Materials Authorization (“RMA”) number, then return the properly packaged product to Cradlepoint for repair or replacement as required.
DISCLAIMER AND LIMITATION OF LIABILITY
THE REMEDIES PROVIDED HEREIN ARE PURCHASER’S SOLE AND EXCLUSIVE REMEDIES. CRADLEPOINT AND ITS AFFILIATES HEREBY SPECIFICALLY DISCLAIM LIABILITY FOR ANY AND ALL: (A) DIRECT, INDIRECT, SPECIAL, GENERAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION FOR LOSS OF PROFITS OR REVENUE OR OF ANTICIPATED PROFITS OR REVENUE ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT, EVEN IF CRADLEPOINT AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF SUCH DAMAGES ARE FORESEEABLE; OR (B) CLAIMS BY ANY THIRD PARTY. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CRADLEPOINT AND/OR ITS AFFILIATES ARISING UNDER OR IN CONNECTION WITH THE PRODUCT, HOWEVER ARISING, REGARDLESS OF THE NUMBER OF EVENTS, OCCURRENCES, OR CLAIMS GIVING RISE TO LIABILITY, EXCEED THE PRICE PAID BY THE ORIGINAL PURCHASER OF THE PRODUCT. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN SHALL REMAIN IN FULL FORCE AND EFFECT REGARDLESS OF WHETHER THE REMEDIES HEREUNDER ARE DETERMINED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
Cradlepoint’s warranty is subject to change without notice and does not represent any commitment on the part of Cradlepoint or its affiliates. This warranty shall be governed by the laws of the State of Idaho and the parties irrevocably submit to the exclusive jurisdiction of the courts of the State of Idaho.
For unique cases in which the incorrect Solution Package was purchased, please contact [email protected] to discuss a possible resolution. Cradlepoint will make every effort to offer an option within business policy to enable the partner to deliver the appropriate product to their customer.