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Turnpike Hardware Terms

Version 2026-10-21

These terms supplement the General Terms of the Turnpike License Agreement and apply to the purchase of Hardware. If there is any conflict between these terms and the General Terms, these terms control with respect to Hardware. Capitalized terms have the meanings given in the General Terms unless defined below.

1. Definitions

“Hardware” means all devices, accessories, and spare parts purchased under this Agreement.

“High-Risk Use” means use in any system, application or situation where failure or fault of any kind of the Hardware could reasonably be seen to lead to death or serious bodily injury of any person, or to severe physical or environmental damage.

“Included Software” means any software preinstalled on or distributed with Hardware.

2. Purchase Terms

2.1 Orders. Each order is subject to Turnpike’s acceptance and the availability of the Hardware. Turnpike may decline or cancel any order at any time prior to shipping. Customer may not cancel any order once Turnpike has begun processing the order.

2.2 Not for Resale. Hardware is sold to Customer for its own use and business purposes. Customer may not purchase Hardware under this Agreement for the purpose of reselling that Hardware to any other customer, retailer, wholesaler, or other unrelated third party.

2.3 Shipping. If Customer is purchasing the Hardware directly from Turnpike, then Turnpike will deliver Hardware to the location Customer designates. Risk of loss for Hardware transfers to Customer upon delivery. Unless otherwise agreed, delivery is DAP (Incoterms 2020) at the delivery address designated by Customer, and risk of loss passes to Customer on delivery at that address.

2.4 Included Software. Included Software may be subject to separate end-user license terms included with that software (“EULA”). Customer is not authorized to install or use the Included Software unless Customer first agrees to the EULA or a separate license agreement with Turnpike governing use of such Included Software. Customer accepts the EULA (1) by breaking the seal on packaging that refers to the EULA, (2) by using the Hardware, or (3) by installing, copying, or using the Included Software. If Customer does not agree to the EULAs for all Included Software, Customer may return the Hardware unused to Turnpike for a full refund. The EULAs are not part of this Agreement, but to the extent of any conflict with this Agreement, the EULA will control solely for the Included Software to which it applies.

2.5 Acceptance and Inspection. Customer shall have 7 business days after delivery to inspect Hardware for physical damage, missing components, and obvious functional defects. If any material deficiency is discovered, Customer shall notify Turnpike in writing within the inspection period and may return the affected items in accordance with the Returns section. Acceptance occurs if Customer does not timely object within the inspection period.

2.6 Changes and Renewals. Any changes to these Hardware Terms must be in writing and agreed by both parties.

3. Returns

3.1 Return policy. For Hardware purchased directly from Turnpike, Turnpike will accept returns for items that meet the requirements of this section for 30 days from the date of purchase.

3.2 Requirements. All returns must be accompanied by the original documentation, instruction manuals, registration, parts and components (including cables, controllers, and accessories) and the original manufacturer packaging. The following items may not be returned: (i) items that have been personalized or customized; (ii) special order items; and (iii) items that have been used, altered or that show wear or damage.

3.3 Refunds. Refunds will be made in the same method as payment was accepted. Refunds will equal the amount paid less the original shipping charges, if any. Shipping charges will not be deducted if the Hardware is returned because Customer does not agree to the EULA(s) for Included Software.

3.4 Personal data. Turnpike is not responsible for any customer or personal data included on returned or exchanged items. Customer must ensure that all customer and personal data are removed from all items prior to return or exchange.

3.5 Promotional items and bundles. For promotional items and bundles, all included products must be returned together. If a promotion or bundle includes a service that has been used, the full retail value of the service will be deducted from the refund amount. When a bundle is purchased and only part of the bundle is returned, the bundle discount is void, and the total bundle discount will be deducted from the refund.

4. Hardware Warranties

The sole warranty and remedies Turnpike provides for Hardware is the manufacturer’s limited warranty (if any) applicable to the Hardware or any extended warranty that Customer may purchase from Turnpike separately.

5. High-Risk Use

5.1 WARNING: The Hardware is not fault-tolerant. The Hardware is not designed or intended for any High-Risk Use. If Customer elects to use the Hardware for a High-Risk Use, it does so at its own risk.

5.2 Defense of Third-party Claims. Without limiting Customer’s defense obligations in the General Terms, Customer agrees to defend, indemnify and hold harmless Turnpike and its Affiliates from and against all damages, costs and attorneys' fees arising from claims or demands associated with Customer’s High-Risk Use of Hardware. This obligation is not subject to any limitation of, or exclusion from, liability in this Agreement, and Turnpike has no liability for any claim arising out of High-Risk Use.

6. Limitation of Liability

Each party’s total liability to the other for all claims related to each Hardware device is limited to direct damages up to the amount Customer paid for that Hardware device, subject to the following:

6.1 Applicability. To the extent permitted by applicable law, this limitation applies to all claims and damages related to Hardware purchased under this Agreement, including, without limitation, breach of contract, breach of warranty, strict liability, and negligence and other torts, even if the parties knew or should have known about the possibility of the damages.

6.2 Exclusions. The Exclusions clause under Limitation of liability in the General Terms apply.

6.3 Exceptions. In addition to the exceptions identified in the General Terms, no limitation will apply to Customer’s liability arising out of Customer’s High-Risk Use of the Hardware. Turnpike has no liability arising out of High-Risk Use.

6.4 Overall cap. Sections 9.3 and 9.5 of the General Terms also apply to claims under these Hardware Terms, and the lower of the limits applies.

7. Environmental Compliance

7.1 By Turnpike. Turnpike will comply with all applicable laws and regulations relating to the collection, treatment, recovery, recycling, disposal, and reuse of electrical and electronic equipment (“EEE”), batteries, software media, and packaging materials (“Environmental Laws”) in each country where Turnpike ships or delivers Hardware to Customer, directly or through a Partner. Subject to the conditions and limitations in the General Terms, Turnpike will defend Customer against any third-party claim to the extent it alleges that Turnpike failed to comply with any of these requirements in any such country.

7.2 By Customer. If Customer ships or delivers Hardware outside of the country where Turnpike shipped or delivered it to Customer, Customer must comply with all applicable laws and regulations relating to the collection, treatment, recovery, recycling, disposal, and reuse of electrical and electronic equipment (“EEE”), batteries, software media, and packaging materials in each such country. Subject to the conditions and limitations in the General Terms, Customer will defend Turnpike and its Affiliates against any third-party claim to the extent it alleges Customer failed to comply with any of these requirements in any country where Customer ships or delivers Hardware.

8. Device Data

8.1 Device Data. “Device Data” means data generated by or sent from the Hardware or the Included Software, such as identifiers, firmware versions, battery and connectivity status, event data, error codes and logs. It is Usage Data under the General Terms, and sections 5.4 to 5.8 of the General Terms apply to it, including the Minimum Aggregation Threshold, Meta Format and combination with Third-Party Data.

8.2 Returned Hardware. Turnpike may analyse diagnostic data on returned, repaired or replaced Hardware for fault analysis, warranty handling and quality improvement, and will afterwards delete or anonymise any Personal Data on it.

8.3 Precedence and liability. Section 5 of the General Terms prevails over this section 8. Liability for Device Data is governed by section 9 of the General Terms.