Cellular Modem Kit Terms and Conditions

Cellular Modem Kit Description, Use, Unauthorized Use Limitation on Use. The Cellular Modem Kit must be used only in conjunction with the Schneider Inverter (HY8K1NA1). The Cellular Modem Kit shall not be used for any unlawful purpose(s).

Limited Warranty. The Cellular Modem Kit comes with and is covered by a 5-year Limited Warranty which is included in the standard Schneider Electric Limited Warranty which can be found at https://www.se.com/us/en/product/HY8K1NA1. Except as expressly provided in this Section, to the maximum extent permitted by applicable law, the Cellular Modem Kit is provided on an “AS IS” basis without warranty whatsoever, and Schneider Electric expressly disclaims all warranties, express, implied, and statutory including the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title, and non-infringement. Any use of the Cellular Modem Kit other than as expressly stated in these Terms and Conditions shall constitute a breach of the limited warranty and render it null and void. The Cellular Modem Kit will contain a SIM card provided by a network provider. The SIM Card (a) must not be removed from the Cellular Modem Kit, nor (b) used with any other device. Any such removal or use shall constitute a breach of the limited Warranty and render the Limited Warranty null and void.

Network Service Provider Terms. Customer expressly understands and agrees that they have no contractual relationship whatsoever with any third-party network operator and are not a third-party beneficiary of any agreement between Sierra Wireless and any third-party network operator. Customer acknowledges and agrees that: (a) the third-party network operators shall have no legal, equitable, or other liability of any kind to customer, whether for breach of contract, warranty, negligence, strict liability in tort or otherwise, and customer hereby waives any and all claims or demands therefor; (b) data transmissions and messages may be delayed, deleted or not delivered; (c) 911 or similar emergency calls may not be completed; and (d) the third-party network operators cannot guarantee the security of wireless transmissions and will not be liable for any lack of security relating to the use of the connectivity services.

Network Coverage. Customer acknowledges that connectivity services are made available only within the operating range of the telecommunications networks. Service may be temporarily refused, interrupted, or limited because of: (a) facilities limitations; (b) transmission limitations caused by atmospheric, terrain, other natural or artificial conditions adversely affecting transmission, weak batteries, system overcapacity, movement outside a service area or gaps in coverage in a service area and other causes reasonably outside of the control of the applicable third-party network operators such as, but not limited to, intentional or negligent acts of third parties that damage or impair the network or disrupt service; or (c) equipment modifications, upgrades, relocations, repairs, and other similar activities necessary for the proper or improved operation of service.

Network Roaming. Third-party network operators make their networks available as-is and make no warranties or representations as to the availability or quality of roaming service provided by their carrier partners, and will not be liable in any capacity for any errors, outages, or failures of carrier partner networks.

Security. Neither Schneider Electric nor network service provider can guarantee the security of wireless transmissions and will not be liable for any lack of security relating to the use of the connectivity services.

Connectivity. Cellular Modem Kit connectivity is subject to the telecommunication regulations and policies and terms of the network service providers, and the applicable laws of the country in which the Cell Modem Kit is located and installed. Schneider Electric makes no representation or warranties as to such connectivity and Schneider Electric shall have no responsibility, nor any liability to you for network service provider’s failure to provide connectivity nor any responsibility or liability due to network service provider’s termination of connectivity. Connectivity and signal strength may be impacted by site specific conditions and is not guaranteed.

Suspension. Connectivity Service may be temporarily suspended or permanently terminated without notice if Customer violates any acceptable use policy or the network rules of Sierra Wireless or a third-party network operator, if a wireless device is causing disturbance to a telecommunications network, or if services are suspended by or at the request of a third party network operator. Customer waives any and all claims against Sierra Wireless and the applicable third-party network operators for such suspension or termination.

LIMITED LIABILITY. IN NO EVENT SHALL SCHNEIDER ELECTRIC BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THE PRODUCTS OR SERVICES PROVIDED HEREUNDER, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR REVENUES, LOST DATA, FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY OTHER COMMERCIAL OR ECONOMIC LOSSES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING THEORIES OF NEGLIGENCE, RECKLESSNESS, STRICT LIABILITY, OR DEFECTIVE PRODUCT LIABILITY), OR ANY OTHER LEGAL THEORY, EVEN IF SCHNEIDER ELECTRIC WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SCHNEIDER ELECTRIC’S TOTAL LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), MISREPRESENTATION OR OTHERWISE ARISING IN CONNECTION WITH OR ARISING OUT OF THE PRODUCTS OR SERVICES PROVIDED HEREUNDER, SHALL BE LIMITED TO THE TOTAL PRICE PAID BY CUSTOMER FOR THE PARTICULAR PRODUCTS OR SERVICES GIVING RISE TO THE LIABILITY. In the event that in any particular matter these limitations and disclaimers are limited or prohibited by law, they shall be applicable and enforced to the fullest extent permissible by law. The remedies of Customer specifically set forth in these Terms and Conditions constitute Customer’s exclusive remedies for the matters, claims, breaches, or issues to which they relate.