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Purchase Terms

Last updated: August 20, 2020

These Purchase Terms (this “Agreement”) contain terms and conditions that govern your use of SareKon’s goods and services, and are in addition to any other agreement between SareKon and You, including, without limitation, website terms of use. By ordering or using SareKon’s goods or services, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not order or use SareKon goods and services. Product and plan brochures (“Product Brochures” and “Plan Brochures”, respectively) which further describe the goods and services offered, can be found at SareKon’s website at sarekon.com. In the event of conflict between the terms of this agreement and the terms of any other agreement between You and SareKon, the terms of this agreement shall prevail.

The following terminology applies to this Agreement: “You” and “Your” refers to you, the person accessing SareKon’s website or purchasing and/or using SareKon’s goods and services. “Hardware“ and “Device” refers to goods purchased by you from SareKon or from a SareKon authorized distributor (“Distributor”) of such goods. “Service” and “Services” include all intangible products supplied by SareKon or a distributor, including but, not limited to, communication services, website services, installation services, warranty services and maintenance services. “Service Plans“ refer to the contracts that delineate the benefits and limitations of a Service to be provided by SareKon or a Distributor, along with the frequency and amounts of payments to be made by You.

1. SHIPPING AND DELIVERY

(a) Listed shipping and handling charges apply only to normal ground delivery. If you require a different method of delivery that exceeds the costs associated with normal ground delivery, then SareKon will invoice You for additional charges. (b) All deliveries are FCA/FOB SareKon’s warehouse unless expressly agreed to in writing by an officer of SareKon. (c) Shipping or delivery dates are good-faith estimates only. SareKon reserves the right to make deliveries in installments and to bill separately for each such installment. Delivery delay or default on any installment shall not relieve You of Your obligation to accept and pay for remaining deliveries. (d) Claims for shipment shortage shall be deemed waived unless presented to SareKon in writing within fifteen (15) days of delivery of each shipment. IN NO EVENT SHALL SareKon BE LIABLE FOR INCREASED COSTS, LOSS OF PROFITS OR GOODWILL OR ANY OTHER, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES DUE TO LATE OR NON-DELIVERY.

2. HARDWARE INSTALLATION

(a) If Hardware installation is required, and then it must be installed by You, SareKon, or a SareKon authorized installer (“Installer”) in accordance with SareKon’s specifications. Unauthorized or improper installation voids SareKon’s limited warranty. (b) If installation is to be performed by SareKon or an Installer at a location other than a SareKon authorized service center, then You will (i) provide a location which is safe and presents no known hazards, (ii) ensure that all necessary utilities (including plumbing, lighting, air conditioning, heating, electrical power and access to phone lines) shall be accessible by You and provided to SareKon or Installer without charge, (iii) obtain at Your expense and keep in force during the period of installation a policy of general liability insurance covering any liability arising out of SareKon or Installer’s use or occupancy of the site, (iv) allow SareKon or installer, and each of their authorized agents and subcontractors full and free access to the site during business hours, and (v) not require that SareKon or installer waive any claim arising from its use of the site or impose any other restrictions as a requirement of access to the site. SareKon will attempt to honor any request for installation during non-business hours but may apply a surcharge for such installation. (c) You must provide SareKon or installer with applicable information regarding the installation location and/or vehicle for the Hardware. If this information changes, for example, if the Hardware is re-installed in a different location or vehicle, then you must provide SareKon or installer with the updated information.

3. SERVICES

In order to be fully functional, Your Hardware requires one or more Service Plans. Service Plans selected by You are described in the Product Brochure or Plan Brochure, including, without limitation, coverage area, limitations and proper use thereof: (a) If Hardware is properly installed, the website Service will enable You to view Your vehicle's data or other assets' information or send specific commands to the Hardware by logging into SareKon’s website at sarekon.com using a standard web browser. (b) Services are only provided for Your information and communication with Hardware which You purchased. The Services have no connection to any law enforcement agency. We have no responsibility for contacting or communicating with law enforcement agencies on Your behalf. If needed, You must contact the appropriate law enforcement agency yourself to obtain assistance. (c) You acknowledge that SareKon may, for its own internal test, data accumulation and control purposes and without charge to You, communicate with one or more of Your Hardware’s that use the Service. (d) Pricing of Service depends on the Service Plans selected by You, and Service Plans may impose their own additional terms and restrictions. Many Service Plans may have data or usage limits. Recurring charges that do not change based on usage are always billed in advance, at the beginning of each period. Installation fees, activation fees, termination fees, plan change fees, additional prepaid usage fees, and other one-time incremental fees are billed separately at the time they occur. (e) Initiation of any Services under this Agreement will commence as of the first day SareKon receives confirmation of Your agreement to this Agreement and any other terms we may require You enter into to use Hardware and Services and Your initial payment. Some Services may require Hardware installation and/or activation to be fully functional, in such case Hardware must be installed and/or activated in accordance with this Agreement. (f) Billing for the first period may, at SareKon’s discretion, be prorated based on the number of days the Service is provided in the first period, or the cycle renewal date may be selected to provide a full period of Service. Unused prepaid service time and unused prepaid or unused included usage is not transferable to other Hardware, does not rollover, and will not be available past the specified expiration period in the Service Plan. Likewise, it will not be credited for Your account if You terminate the Service during the billing period. (g) Some Service Plans (such as postpaid plans) may invoice automatically in arrears for usage above a limit, while others (such as prepaid plans) may prevent, reduce or suspend Your access and/or Your Hardware or Service functionality once a limit is reached. YOU AGREE TO PAY ALL CHARGES THAT ARE INCURRED DUE TO USAGE BEYOND THE ESTABLISHED LIMIT. SareKon IS NOT RESPONSIBLE FOR ANY LOSS OF DATA THAT OCCURS IF ACCESS OR SERVICE IS SUSPENDED BECAUSE SERVICE PLAN USAGE LIMITS ARE EXCEEDED. (h) You will select initial Service Plans at the time of Hardware purchase but may change your Service Plan at a later date. Service Plans, as set forth in this Agreement, and the availability of specific Service Plans for selection at a later date, may change. This includes revisions to (i) recurring rates, (ii) usage allowed or assigned to each Hardware, (iii) charges for exceeding usage limits, and (iv) the features or benefits available under the plan. Changes are subject to limitations in the terms and conditions of a Service Plan in effect at the time of selection.

4. PAYMENT

(a) You shall pay SareKon in accordance with the terms stated in this Agreement, at such place or in such manner as SareKon designates on its bill. Except for the amount of tax, if any, included in this Agreement, the prices set forth herein and in the Product Brochure or Plan Brochure, as applicable, and are exclusive of any amount for federal, state, local or foreign excise, sales, use, property, retailer’s occupation or similar taxes, or any duties, customs or similar charges. (b) Accounts delinquent in excess of fifteen (15) days from the due date shall be subject to a late fee and interest at the rate of 1% per month (or the highest rate permitted by law, if such rate exceeds the highest rate permitted by law). (c) SareKon MAY SUSPEND OR TERMINATE THE SERVICES, INCLUDING DISABLING YOUR ACCESS TO THE SERVICES, AND MAINTENANCE IF ANY CHARGES PAYABLE HEREUNDER ARE DELINQUENT IN EXCESS OF THIRTY (30) DAYS FROM THE DUE DATE OR YOU ARE OTHERWISE IN DEFAULT UNDER THIS AGREEMENT. You agree to reimburse SareKon for all costs of collection or enforcement of this Agreement, whether or not suit is filed, including, but not limited to, reasonable attorneys’ fees, incurred by SareKon.

5. OBD-II

If Your Hardware or Service contains an On-Board Diagnostic II ('OBD-II”), or on-board diagnostic system, component, then it is subject to these terms and conditions: (a) You acknowledge that the Hardware or Service is based upon OBD-II protocols which are generally present in vehicles sold in the United States for model years 1996 and later. However, implementation of certain features and functionality within these protocols, and on which the service depends, were introduced in later years and at different times by various manufacturers. If your vehicle does not support a feature or functionality that is utilized as part of the Service, then the corresponding feature or functionality of Service will not be available to You. (b) You acknowledge that the Hardware interaction with OBD-II portion of the vehicle is intended for a specific, limited use, and that it does not forward all information provided by the vehicle or capable of being retrieved using other electronic devices or means.

6. CELLULAR

If Your Hardware or Service contains a cellular component, then it is subject to these terms and conditions: (a) You acknowledge that the Services are based upon the wireless service furnished to SareKon by cellular providers (“Cellular Providers”) utilizing cellular telephone service furnished to Cellular Provider by one or more participating wireless service carriers (“Participating Carriers”) pursuant to agreements between Cellular Provider and such Participating Carriers and subject to terms, conditions and limitations therein set forth. YOU FURTHER ACKNOWLEDGE THAT PARTICIPATING CARRIERS DISCLAIM ALL LIABILITY OF ANY NATURE TO YOU, WHETHER DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, ARISING OUT OF YOUR USE OF THE SERVICES, AND YOU AGREE THAT YOU SHALL HAVE NO CLAIMS AGAINST PARTICIPATING CARRIERS OF ANY KIND WITH RESPECT THERETO. (b) You also acknowledge that complete coverage of any area within the Coverage Map (as defined in the Product Brochure) at all times is improbable. The existence of adverse conditions, such as short-term unpredictable meteorological effects and sky wave interference from distant stations, can interrupt the Services at times. Certain circumstances such as weather, tunnels, underground structures, terrain, high-rise buildings, enclosed or underground parking or driving areas, faulty installation, motor ignition and other electrical noises and radio signals from external sources may interfere with the Services. The Coverage Map describes general parameters of expected coverage and is not a guarantee of coverage. (c) You have no contractual relationship with any Participating Carrier and You are not a third-party beneficiary of any agreement between SareKon, Cellular Provider and/or any Participating Carrier. You acknowledge and agree that the Participating Carrier shall have no legal, equitable or other liability of any kind to the You. Subject to Federal Communications Commission local number portability rules, You have no property right in any number assigned to You in connection with Your use of the Services and You acknowledge that any such number can be changed from time to time. You acknowledge that Service may be temporarily refused, interrupted, curtailed or limited because of atmospheric, terrain, other natural or artificial conditions and may be temporarily interrupted or curtailed due to usage concentrations, modifications, upgrades, relocation and repairs of transmission facilities. You further agree that neither SareKon nor the Participating Carrier shall be responsible for such interruptions of Service or the inability to use the Service outside of the Coverage Map. You acknowledge that neither SareKon nor the Participating Carrier guarantees the security of wireless transmissions and neither SareKon nor the Participating Carrier will be liable for any lack of security relating to the use of the Service. You expressly acknowledge and agree that the liability and obligations of Participating Carrier to You under the Your agreement for services with any Cellular Provider or Participating Carrier are strictly controlled and limited by the Participating Carrier’s tariff, if any, and the laws, rules and regulations of the Federal Communications Commission and other governmental authorities which from time to time have jurisdiction. In any event, regardless of the form of action, whether for breach of contract, warranty, negligence, strict liability in tort or otherwise, Your exclusive remedy and the total liability of Cellular Provider and/or any supplier of services to Cellular Provider arising in any way in connection with the You agreement, for any cause whatsoever, including but not limited to any failure or disruption of service provided, shall be limited to payment by Cellular Provider of damages in an amount equal to the amount charged to You for Service provided under this You agreement. In no event shall Provider and/or the underlying wireless service carrier be liable for any cost, delay, failure or disruption of Service, lost profits, or incidental, special, punitive or consequential damages. (d) In no event shall SareKon and/or the Participating Carrier be liable for the failure or incompatibility of any equipment utilized by You in connection with the Service, other than equipment provided by SareKon or expressly authorized by SareKon hereunder. You shall use all equipment at Your own risk. You shall indemnify, defend and hold SareKon, the Participating Carrier and the respective officers, employees and agents of each of them harmless from and against all claims, causes of action, losses, expenses, liability or damages (including reasonable attorneys’ fees and costs), and including without limitation for any personal injury or death, arising in any way directly or indirectly in connection with this Agreement; the provision or use of the Services; or the use, failure to use or inability to use any number. This provision shall survive the termination of this Agreement. You acknowledge that this Agreement is assignable by SareKon without your consent. In addition, Your Service may be temporarily suspended or permanently terminated with or without notice in the event that SareKon’s agreement with the Participating Carrier is terminated. You waive any and all claims against SareKon and the Participating Carrier for such suspension or termination.

7. WARRANTY AND MAINTENANCE

(a) SareKon warrants the Hardware (“Hardware Warranty”) against defects in materials and workmanship for a period of one (1) year from the date of sale. If Hardware is found to be defective in materials or workmanship during the limited warranty period, SareKon will repair or replace the Hardware at its discretion and at its expense. (b) Under the provisions of certain Service Plans, You will receive maintenance services pursuant to which SareKon will repair or replace (at SareKon’s option) any verified failed Hardware electronic component. (c) SareKon warrants that it will provide all Services in accordance with the applicable Plans and Product Brochures but does not warrant complete coverage or that the Services will be uninterrupted or error-free. (d) If SareKon or an Installer performs the installation, then SareKon warrants the installation against defects in workmanship for a period of ninety (90) days. If the installation is defective as verified by SareKon, SareKon or an Installer will re-perform the installation at no expense to You. (e) Your sole remedy for breach of any warranty is the right to repair or replacement of the defective Hardware and the right to receive a credit or refund (at SareKon’s discretion) on Services not provided for reasons within SareKon’s control. No allowance will be given for any single failure or delay that does not exceed forty-eight hours. (f) To obtain warranty or maintenance service, You must contact the local SareKon office. SareKon may instruct You to obtain a Returned Merchandise Authorization (“RMA”), adequately package the products, ship the products to the address provided by SareKon, and mark the RMA number prominently on the outside of the carton. Products received without an RMA number will be returned freight collect. SareKon will return the repaired products prepaid and fully insured. Alternatively, at SareKon’s option, SareKon may remove and re-install the products. (g) SareKon is not obligated to provide the limited warranties or maintenance services if there has been any unauthorized alteration, modifications, or repair of the Hardware, if there is use with the Hardware of accessories or devices not approved as compatible by SareKon, or in the case of accidents, misuse, abuse, neglect, damage, tampering, improper installation, improper maintenance, unauthorized use, connection to an improper voltage supply, reception problems caused by an inadequate signal level in the operating area, damage due to exposure to the elements, failure to install or use the Hardware in accordance with instruction manuals, or acts of God. The limited warranties and maintenance services do not cover accessories, batteries, casings, coverings and other non-electrical components. (h) The limited warranties are in lieu of all other warranties, express or implied. All other express or implied warranties, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose are expressly excluded, except where prohibited by law and, where prohibited, any such warranty shall be limited to the minimum warranty and period required by law. NO EMPLOYEE OR AGENT OF SareKon HAS THE AUTHORITY TO GRANT ANY OTHER WARRANTY TO YOU, WRITTEN OR ORAL.

8. LIABILITY: INDEMNIFICATION

(a) IN NO EVENT SHALL SareKon’S LIABILITY TO YOU EXCEED THE AMOUNT PAID BY YOU FOR THE HARDWARE OR THE SERVICES IN QUESTION. Regardless of the form of action, whether for breach of contract, warranty, negligence, strict liability in tort or otherwise, Your exclusive remedy and the total liability of SareKon and/or any supplier of services to SareKon arising in any way in connection with this Agreement, for any cause whatsoever, including but not limited to any failure or disruption of service provided, shall be limited to payment of damages in an amount equal to the amount charged to You for the Hardware and Service in question provided under this Agreement. (b) SareKon SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY LOSS OR DAMAGE CAUSED BY ANY INTERRUPTION OF THE SERVICES, REGARDLESS OF CAUSE. (c) SareKon shall not be liable to you or any third party for consequential, incidental, general, special or exemplary damages, including, without limitation, loss of or damage to your vehicles or loss of profits, revenues or data, even if SareKon has been advised of the possibility of such damages. (d) No action shall be brought for any breach of this agreement more than one year after accrual of such cause of action except for money due on an open account. Certain of the above limitations may not apply in some states and, in such cases; such limitations will be enforced to the fullest extent permitted by law. (e) In no event shall SareKon be liable for the failure or incompatibility of any equipment utilized by You in connection with the Service, other than equipment provided by SareKon or expressly authorized by SareKon hereunder. You use all such equipment at Your own risk. (f) You shall indemnify, defend and hold SareKon and its officers, employees and agents harmless from and against all claims, causes of action, losses, expenses, liability or damages (including reasonable attorneys’ fees and costs) arising out of, in connection with, or related to Your violation of this Agreement or Your use of the Hardware or Service, including, without limitation, for any personal injury or death arising in any way, directly or indirectly, in connection with this Agreement, the provision or use of the Services or Hardware, or Your failure or inability to use the Services or Hardware. (g) SareKon shall have no liability for a failure to provide, or for delay in providing, Hardware, Service, or maintenance due directly or indirectly to causes beyond the control of SareKon or its subcontractors. If SareKon is unable to wholly or partially perform Services because of any cause beyond its control, SareKon may terminate this Agreement without any liability to You, other than refund of any amounts paid for the undelivered Hardware or Services. (h) This Section 7 shall survive the termination of this Agreement.

9. GENERAL

(a) You represent that the information contained on the front of this Agreement provided to SareKon by You is complete and accurate. You will immediately notify SareKon in writing if there are any changes in the information contained on the front of this Agreement. (b) You hereby grant to SareKon a purchase money security interest in the Hardware under this agreement to secure payment in full of amounts due hereunder, and You will, upon SareKon’s request, sign a UCC-1 Financing Statement and any other documents needed to perfect SareKon’s security interest therein. (c) The Services are solely for the purpose of Your personal use and may not be resold or otherwise offered to or used by third parties unless You have entered into a SareKon Distributor Agreement. (d) You are responsible for Your use of the Hardware and Service, including any additional options selected. You agree to comply with all applicable laws, ordinances, rules and regulations of the federal, state, local or foreign government and any agency or public authority thereof, and to hold SareKon harmless from liability or loss by reason of any asserted or established violation of said laws, rules, or regulations by You, Your employees, agents or representatives. (e) No amendment or modification hereof shall be binding upon SareKon unless such amendment or modification is in writing signed by an authorized officer of SareKon. If any term herein is contrary to, prohibited by or deemed invalid under applicable laws or regulations, such term shall be deemed omitted to the extent prohibited or invalid, but the remainder of these Terms and this Agreement shall not be invalidated and shall be given effect so far as possible. Any waiver of any right in or breach of, this Agreement shall not be a continuing waiver and shall not prevent any claim of breach of the same term or any other term of this Agreement. (f) Neither this Agreement nor any of Your rights or obligations hereunder may be assigned by You without SareKon’s prior written consent. However, SareKon shall have the right to assign any of its rights and obligations hereunder to any person or entity without your consent. Subject to the foregoing limits on assignment and delegation, this Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors, and assigns. (g) This Agreement does not create, and shall not be construed as creating, any rights or claims enforceable by any person or entity not a party to this Agreement. (h) This Agreement shall be interpreted under the laws of the State of Delaware. Each party irrevocably (i) consents to the exclusive jurisdiction of the courts of the State of Delaware and of the United States for any action or proceeding relating to this Agreement, the breach hereof, or the transactions contemplated hereby, and (ii) consents to the exclusive venue of such action in the County of New Castle, Delaware.

10. ACCEPTANCE, CANCELLATION, AND TERMINATION

(a) This Agreement and the relevant product and plan brochures available at SareKon’s website at sarekon.com, copies of which have been provided to You, constitute the entire agreement and understanding of the parties and supersede all proposals, oral or written, and all other communications between the parties relating to hardware, services, installation and maintenance purchased under this Agreement. SareKon IS NOT BOUND BY DIFFERENT TERMS AND CONDITIONS IN YOUR PURCHASE ORDER OR ELSEWHERE UNLESS EXPRESSLY AGREED TO IN WRITING BY AN OFFICER OF SareKon. (b) You may cancel this Agreement by written notice to SareKon within fifteen (15) days of the date of your acceptance of this Agreement. Upon Your cancellation within such 15-day period. You shall immediately cease your use of the Hardware and Services, and return all Hardware to SareKon. If Your cancellation is for any reason other than as a result of SareKon's material default of the terms of this Agreement, you shall pay SareKon a restocking charge of 20% of the total price and fees for all Hardware items purchased by you. (c) This Agreement shall remain in full force and effect for a period of one (1) year from the date this Agreement is accepted by you and shall extend for additional periods of one year upon notice by You of your continued use of the Hardware or Services, which notice may be provided by your renewal of any Service plan; provided, however, that either SareKon or You may terminate this Agreement upon not less than thirty (30) days’ notice prior to renewal of the term then in effect. (d) SareKon may terminate this Agreement immediately without liability if the authorizations held by SareKon necessary to provide Hardware and/or Service hereunder are revoked by the Federal Communications Commission.