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Stratio Hardware Warranty

Effective Date: October 26nd 2020

STRA, S.A. (“Stratio“) provides the following limited warranty (the “Limited Hardware Warranty”“) to the original purchaser of Hardware, or, with respect to Service-Included Hardware, the purchaser and end user of the Services for which Stratio provides Service-Included Hardware (“Customer”). Any terms not defined in this Limited Hardware Warranty will have the meaning set forth in the Stratio Terms of Service located at www.stratioautomotive.com/tos (the “Terms of Service”).

Table of Contents:

1. Limited Hardware Warranty

2. Warranty Claim Procedure

3. Limitations

4. Disputes

5. Retail Return Policy

6. Definitions

7. Change Log

1. Limited Hardware Warranty

1.1 Limited Warranty

Stratio warrants to Customer that any Hardware shall be free of defects in materials and workmanship, for the duration of the applicable Warranty Period (as defined in Section 6). If the Hardware fails to conform to this Limited Hardware Warranty during the Warranty Period, Stratio will, at its discretion, (i) repair or replace any defective Hardware or component or (ii) if the Hardware is no longer available and repair is not possible, refund the purchase price less reasonable depreciation based on actual use.

Repair or replacement may be made with a new or refurbished product or component in Stratio’s discretion. The repair, replacement, or refund set forth in this Section is Customer’s sole and exclusive remedy for breach of this Limited Hardware Warranty. Any Hardware that has been repaired or replaced under the terms of this Limited Hardware Warranty will be covered by the terms of this Limited Hardware Warranty for the remainder of the Warranty Period, if any.

This Limited Hardware Warranty will only apply to the actual purchaser and end user of the Hardware, and this Limited Hardware Warranty is not available for products that were purchased used or from any source other than Stratio or an authorized reseller.

1.2 Hardware Upgrades

Our Service may contain links to third party web sites or services that are not owned or controlled by Stratio Automotive, Inc. Stratio Automotive, Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Stratio Automotive, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.

1.3 Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

1.4 Indemnification

You agree to defend, indemnify and hold harmless Stratio Automotive, Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.

1.5 Limitation of Liability

In no event shall Stratio Automotive, Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

1.6 Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Stratio Automotive, Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

1.7 Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

1.8 Governing Law

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

1.9 Changes

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Contact Us

If you have any questions about these Terms, please contact us.

  1. PROVISION OF SERVICE IN THE UNITED STATES OF AMERICA

Provision of services for the United States of America is limited to management services for vehicle testing and maintenance.