HCSS Telematics Hardware Terms and Limited Warranty
In addition to the terms and conditions of the HCSS Services Agreement (the “Agreement”), Heavy Construction Systems Specialists, LLC (“HCSS“) provides the following HCSS Telematics Hardware Terms and Limited Warranty (these “Hardware Terms”) that apply to the original purchaser (“Customer”) of hardware devices, including, but not limited to, such as gateways, cameras, sensors, controllers, vision systems, and accessories, and any improvements, developments, modifications, patches, updates, and upgrades thereto provided by HCSS (collectively, the “Hardware”). By licensing or purchasing the Hardware, Customer agrees that these Hardware Terms are incorporated into the Agreement. In the event of a conflict among the terms and conditions of these Hardware Terms and the Agreement, these Hardware Terms will control. Capitalized terms used below have the same meanings as used in the Agreement, unless expressly defined otherwise.
- HARDWARE ORDERS
If Customer wishes to buy Hardware directly from HCSS, Customer must contact HCSS and sign an Order Form for the desired Hardware and accompanying services. The Hardware may not be purchased by Customer for any resale purposes.
- SHIPPING, TITLE, AND RISK OF LOSS
All shipping of the Hardware is FOB shipping point. Risk of loss, damage, and title (if purchased under any plan other than the Telematics Managed plan) of the Hardware will transfer to Customer when the Hardware is in the possession of the first carrier at the first carriers’ location. Any delivery dates or times provided by HCSS are estimates and not guaranteed. HCSS will not be liable for any late or delayed delivery of the Hardware.
- HARDWARE LIMITED WARRANTY
Hardware that is licensed under the Telematics Managed plan has a warranty period that lasts as long as Customer pays for the license for such Hardware. For all other Telematics plans and accessories and cables, such Hardware comes with a twelve (12) month-warranty period as of the date of shipment. HCSS warrants that, during the applicable warranty period, the Hardware will be substantially free of defects in materials and workmanship under ordinary use.
If the Hardware reasonably fails to conform to this Hardware limited warranty during the warranty period, HCSS will, at its sole discretion: (i) repair the defective Hardware free of charge; (ii) replace the defective Hardware with a new or refurbished product that is substantially similar in functionality and available at the time of replacement; or (iii) if repairing or replacing the Hardware is not reasonably and commercially possible, refund the purchase price of the Hardware less reasonable depreciation based on actual use. This Hardware limited warranty only applies to Customer as the first-time purchaser of the Hardware and only to the Hardware purchased directly from HCSS. To the maximum extent permitted by applicable law, this section constitutes Customer’s sole and exclusive remedy and HCSS’s sole and exclusive obligation for any breach of this Hardware limited warranty.
This Hardware limited warranty does not apply: (a) to any hardware devices, including, but not limited to, such as gateways, cameras, sensors, controllers, vision systems, and accessories, purchased from any vendor or retailer other than HCSS; (b) to batteries and other consumable parts, cosmetic damage, or normal wear and tear; (c) to accidental damage, incidental damage, indirect damage, loss, theft, abuse, misuse, misapplication, unauthorized disassembly of or to the Hardware, or failure to properly maintain the Hardware; (d) to damage caused by Customer’s negligence, misuse, or intentional acts or omissions; and (e) if the Hardware that is installed, maintained, operated or used in a way that does not comply with the manufacturers’ instructions and/or these Hardware Terms.
- HOW TO SUBMIT A HARDWARE LIMITED WARRANTY CLAIM
Before submitting a Hardware limited warranty claim, Customer must contact HCSS’s Customer Support Team for technical assistance. In order to submit a Hardware limited warranty claim, Customer must be current on its payment obligations and must not owe HCSS any money for the Hardware or the associated services.
To submit a claim under this Hardware limited warranty, Customer must report any defects to HCSS by emailing support@hcss.com or calling (855) 231-7877. Upon HCSS’s receipt of such report, HCSS may, if available, remotely test the Hardware to determine if there is a defect and/or request Customer to send the alleged defected Hardware directly to HCSS at Customer’s sole cost. If HCSS determines there is a defect, HCSS will, upon receipt of the defected Hardware, either: (i) repair the defective Hardware free of charge; (ii) replace the defective Hardware with a new or refurbished product that is substantially similar in functionality and available at the time of replacement; or (iii) if repairing or replacing the Hardware is not reasonably and commercially possible, refund the purchase price of the Hardware less reasonable depreciation based on actual use. If HCSS determines to repair or replace the defective Hardware, HCSS will, at HCSS’s cost, send the repaired or replacement Hardware, as applicable, to Customer within thirty (30) calendar days of receiving the defected Hardware from Customer. In the event HCSS replaces the defected Hardware: (a) risk of loss, damage, and title (if purchased under any plan other than the Telematics Managed plan) of the defected Hardware will transfer to HCSS when Customer receives the replacement Hardware; and (b) risk of loss, damage, and title (if purchased under any plan other than the Telematics Managed plan) of the replacement Hardware will transfer to Customer when the replacement Hardware is in the possession of the first carrier at the first carriers’ location.
Upon return of any Hardware, HCSS may delete all data stored on such Hardware. HCSS disclaims all liability relating to Customer’s loss of Customer’s data in connection with the return and/or replacement of Hardware under these Hardware Terms.
- RETURN AND REFUND POLICY
HCSS may authorize a return and refund of the Hardware on a case-by-case basis. Any requests for a return and refund of the Hardware must be submitted by Customer to HCSS within thirty (30) calendar days of the date of shipment to Customer of the applicable Hardware. To qualify for a refund, the Hardware must be unopened, in its original package, and in its original condition. In the event a refund is authorized by HCSS, Customer must ship the Hardware back to HCSS within thirty (30) calendar days of the date HCSS authorizes such refund. Customer is solely responsible for all fees and charges associated with the return shipping and insurance. HCSS will not accept any Hardware that is opened or damaged, even if the Hardware became opened or damaged during the shipment back to HCSS. HCSS reserves the right to charge a restocking fee for any returns.
Refunds do not apply to Hardware replacements or upgrades, subsequent purchases of the same Hardware as previously purchased, or Hardware purchases made after a trial period or proof of concept.
(Version Date: August 18, 2025)
