TELEPHONIC CAR ALARM/REMOTE STARTER

NGT Limited Lifetime Warranty

As the manufacturer, NGT New Generation Technology Inc. (“NGT”) warrants to the original consumer purchaser (the “Consumer”) that the TELEPHONIC CAR ALARM/REMOTE STARTER (the “Product”), shall be free from defects in material and workmanship, for as long as original consumer purchaser continuously owns the vehicle that the Product was originally installed in (the “Warranty Period”). This warranty is not transferable or assignable by the Consumer. In the event that the Product purchased shows defects in material or workmanship within the Warranty Period, the original consumer purchaser shall give prompt notice of such defect and be entitled to relief as follows:

1. If such defects occur within a period of one (1) year from the date of original purchase, NGT will replace the Product free of charge with a new Product (the “One Year Period”). The consumer must present the defective Product together with a copy of the sales invoice, as proof of the purchase date, at the point of original purchase, for the exchange to take place. The balance of the unexpired One Year Period will apply to the new Product. Subject to this section, this warranty shall apply to the new Product, in its entirety;

2. If such defects occur after the expiry of the One Year Period but within a period of two (2) years from the date of original purchase, NGT will replace the Product with a repaired or refurbished Product (the “Two Year Period”). The original consumer purchaser must send the module (only) together with a copy of the sales invoice as proof of the purchase date; freight prepaid, along with their name, address and telephone number, to the NGT Service Centre, for the exchange to take place. MOUDULES RETURNED TO THE POINT OF PURCHASE AFTER THE ONE-YEAR PERIOD WILL NOT BE ACCEPTED. The refurbished or repaired Product will be sent to the original consumer purchaser, freight collect, within 3 weeks of receipt of the defective Product. The balance of the unexpired Two Year Period will apply to the refurbished or repaired Product. Subject to this section, this warranty shall apply to the refurbished or repaired Product, in its entirety. NGT is not responsible for Products lost or damaged while in transit.

3. For the balance of the Warranty Period, NGT will provide to the original to the original consumer purchaser a repaired or refurbished Product, for a repair and shipping/ handling charge of $35.00 plus applicable taxes, payable to NGT at the address below. The original consumer purchaser must send the module (only) together with a copy of the sales invoice as proof of the purchase date; freight prepaid, along with a cheque or money order, together with their name, address and telephone number, to the NGT Service Centre, for the exchange to take place. MOUDULES RETURNED TO THE POINT OF PURCHASE WILL NOT BE ACCEPTED. The refurbished or repaired Product will be sent to the original consumer purchaser, freight collect, within three (3) weeks of receipt of the defective Product. Subject to this section, this warranty shall apply to the refurbished or repaired Product, in its entirety. NGT is not responsible for Products lost or damaged while in transit.

In the event that NGT shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of acts of God, terrorism or the public enemy, fires, storms, floods, riots, strikes, lock-outs, labour disputes, inability to procure materials, failure of power, insurrection, war or other reason of a like nature not the fault of NGT, then performance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay.

ACCESSORIES:

NGT warrants to the original consumer purchaser that any accessory part compatible with the Product, shall be free from defects in material and workmanship for a period of one (1) year from the date of purchase (the “Accessory Warranty Period”). In the event that the accessory part purchased shows defects in material or workmanship within the Accessory Warranty Period, NGT will replace the accessory part. The original consumer purchaser must present the defective accessory part together with a copy of the sales invoice, as proof of the purchase date, at the point of original purchase, for the exchange to take place. Accessory parts include all items that are not remote starter modules (including, but not limited to, transmitters, sirens, LED and switches). The balance of the unexpired Accessory Warranty Period will apply to the new accessory part.

NGT shall be under no obligation, for any reason, including the fulfillment of its obligations hereunder, to provide the Consumer with an improved or up-graded replacement Product or accessory part.

THIS WARRANTY IS NULL AND VOID IF:

1. The Product or any accessory part is not used for the purpose for which it was intended, including use with non-compatible parts, or use not in accordance with any instruction manual provided;
2. The Product or any accessory part has been altered in any way, including but not limited to the opening or removal of the Product’s plastic covering, or the removal or alteration of the barcode label on the Product;
3. The Product is damaged due to accident, fire, flood, neglect or any such other occurrence that is not the fault of NGT; and
4. The Product has been installed or repaired by anyone other than a technician authorized by NGT.

THIS WARRANTY DOES NOT COVER:

1. Improper installation and/or removal of the Product or accessory parts;
2. Scratched or worn transmitter cases; and
3. Transmitter batteries.

APPLICABLE LAW

This warranty replaces all warranties contained in the Sale of Goods Act and these are not implied warranties.

This contract shall be construed and governed according to the local domestic law of Ontario, Canada. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this contract and is strictly excluded.

LIMITATION OF LIABILITY

NGT’S ENTIRE LIABILITY AND THE ORIGINAL CONSUMER PURCHASER’S EXCLUSIVE REMEDY SHALL BE THE REPAIR AND OR REPLACEMENT OF THE PRODUCT AND ANY ACCESSORY PARTS IN ACCORDANCE WITH THE TERMS SET OUT ABOVE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NGT BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES FOR INJURY OR LOSS OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT. IN ANY CASE, NGT’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS WARRANTY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE PRODUCT OR ACCESSORY PART.

UNDER NO CIRCUMSTANCES SHALL NGT BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF FAILURE ON THE PART OF ANY TELEPHONE SERVICE PROVIDER OR CELLULAR TELEPHONE SERVICE PROVIDER TO PROVIDE PROPER SERVICE, INCLUDING BUT NOT LIMITED TO, LOSS OR LACK OF SIGNAL OR INTERRUPTION IN SERVICE.

THIS LIMITED WARRANTY SHALL CONSTITUTE THE SOLE LIABILITY OF NGT. NGT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT AS SET OUT HEREIN. NO SALESPERSON OR AGENT OF ANY RETAILER OR NGT IS AUTHORIZED TO WAIVE OR ALTER ANY TERM OR CONDITION OF THIS WARRANTY OR ADD ANY PROVISION HERETO.