MiFleet Agreement - Bundle (36 Month Term)
By using the hardware and software of Direct Communication Solutions, Inc., you agree to the following terms and conditions:
If you don’t wish to accept the Agreement, please do none of the above.
Except for the express limited warranty stated above, DCS disclaims all warranties with respect to the hardware, API, web application (including all updates, modifications or future additions) and its performance, including, but not limited to, any implied warranties of merchantability and fitness for a particular purpose. DCS makes no warranty that the DCS hardware or software meets the requirements of Customer, or that the hardware and/or software will operate free of errors or uninterrupted or will function in Customer’s technology environment.
Customer acknowledges that DCS will not be responsible for the accuracy of any sales tax or other tax determination by DCS or the failure by customer to properly remit such taxes. During the term of this agreement, we will, however, exercise reasonable efforts in resolving any dispute with a governmental authority concerning such taxes. Customer hereby indemnifies and holds DCS harmless from and against any liability or loss from or relating to the service provided by DCS and the products resulting from any tax, penalty, interest, additions to tax, surcharge, or other charge or expense payable or incurred by customer.
Terms. All Devices and Accessories shall be covered under this warranty in accordance with the table below. Coverage begins from the sign up date regardless of when the Device or Accessory is actually received and continues until Termination of Services, whichever comes first.
Three (3) Years
One (1) Year
Exclusions. The following are excluded from coverage under this warranty.
Transferability. This warranty extends only to the first consumer purchaser and is not transferable.
Actions. DCS, at its option, will at no charge repair, replace or refund the purchase price of any Products, Accessories or Software that does not conform to this warranty. We may use functionally equivalent reconditioned/refurbished/pre-owned or new Products, Accessories or parts.
How to obtain warranty service. To obtain service, please call (866) 643-5338. Additionally, to obtain service, you must:
Additional Limitations. THE REPAIR, REPLACEMENT, OR REFUND AS PROVIDED UNDER THIS EXPRESS LIMITED WARRANTY IS THE EXCLUSIVE REMEDY OF THE CONSUMER, AND IS PROVIDED IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. DCS EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL DCS BE LIABLE, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCT, ACCESSORY OR SOFTWARE, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, SOFTWARE OR APPLICATIONS OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE ABILITY OR INABILITY TO USE THE PRODUCTS, ACCESSORIES OR SOFTWARE TO THE FULL EXTENT THESE DAMAGES MAY BE DISCLAIMED BY LAW. Some states and jurisdictions do not allow the limitation or exclusion of incidental or consequential damages, or limitation on the length of an implied warranty, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state or from one jurisdiction to another. No other use, including without limitation disassembly of such DCS software or exercise of the exclusive rights reserved for DCS, is permitted.
DCS will not be liable for costs of procurement of substitute products or services. DCS will not be liable for any loss of business, revenue or data; interruption of business; lost profits or goodwill; increased cost of operation; or other indirect, special, incidental, exemplary, reliance, punitive or consequential damages of any kind arising out of or under this Agreement, even if advised of the possibility of such loss.
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Signed by Dave Scowby
Signed On: January 5, 2021
If you have questions about the contents of this document, you can email the document owner.
Document Name: MiFleet Agreement - Bundle (36 Month Term)
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