Gogo Standard Limited Warranty

Limited Warranty

Gogo warrants that new products manufactured, branded hardware with an affixed Gogo trademark, trade name, or logo, and sold by Gogo (the “Equipment”) will be free from defects in material and workmanship for a period of thirty months (the “Warranty”). The “Warranty Period” begins on the date of original shipment from Gogo’s designated facility and ends thirty months from such date. The Warranty is fully transferable to any customer of the Equipment during the Warranty Period.

Refurbished or Replacement Equipment Warranty

For refurbished or replacement Equipment, the Warranty period shall be the longer of (a) the remaining Warranty Period of the original Equipment; or (b) twelve (12) months from the date of shipment of the refurbished or replacement Equipment from Gogo. Repaired or replacement Equipment may contain serviceable parts.

Exclusions

The Warranty does not apply to any products or services other than Equipment, even if packaged or sold with Equipment or other Gogo products or services, and does not include unit upgrades to software or hardware. The Warranty will be void and not apply to any Equipment that: (a) has had the serial number, model number, or any other identification markings removed or rendered illegible; (b) has been damaged by misuse, accident, neglect, failure to continually provide a suitable operating environment (including necessary ventilation, electricity, protection from power surges, cooling, and/or humidity), improper installation, testing, or maintenance, shipping damage, or other external causes such as lightning, fire, flood, earthquake, environmental damage, or any other natural or weather-related causes; (c) has been improperly installed, connected, used or combined with non-Gogo products or services in contravention of the instructions supplied by Gogo; (d) has been subject to the opening of any sealed components without Gogo’s prior written approval; (e) has been repaired or otherwise altered by anyone not under the control of, or not having the written authorization of, Gogo to perform such repair or alteration; (f) has consumable parts, such as batteries, unless damage has occurred due to a defect in materials or workmanship; (g) has cosmetic damage, including but not limited to scratches, dents, and broken plastic; (h) has damage caused by use with non-Gogo products or services; (i) has damage caused by operating the product outside the permitted or intended uses described by Gogo; (j) has an expired Warranty, (k) has been discontinued; or (l) has an issue that Gogo has determined as unrelated to a Gogo Equipment failure.

Warranty Terms

Gogo shall, at its sole option and expense, repair or replace any Equipment found to be defective during the applicable Warranty Period, provided that Gogo is notified of the defect as soon as practicable but in any event within thirty (30) days of discovery of such defect. Gogo will reject any Equipment submitted for repair if Gogo, in good faith, determines that the cost to repair will exceed the cost of new Equipment. Should defective Equipment need to be returned to Gogo’s premises, such defective Equipment shall be shipped at the customer’s expense in accordance with the terms hereof. Repaired or replaced Equipment shall be shipped to the customer at Gogo’s expense (by standard shipping methods, at a ship-to point approved by Gogo), exclusive of insurance, but the risk of loss will remain with the customer. When Equipment is exchanged, the replacement Equipment becomes the end-user’s property and the replaced Equipment becomes Gogo’s property.

Warranty Service

To request service related to a Warranty, please contact Gogo’s 24/7 Technical Support by calling +1 321.777.3236 or by emailing support@gogoair.com or your authorized Gogo dealer for Equipment service. Please have the serial number of the Equipment available when contacting Gogo’s Technical Support or the authorized Gogo Dealer to determine whether the Equipment is still within the applicable Warranty Period. Gogo’s technical support or an authorized Gogo dealer will help you determine whether the Equipment requires service and, if it does, will inform you how Gogo or the authorized Gogo dealer will provide it. You must assist in diagnosing issues with the Equipment and follow Gogo’s Warranty processes. Any claim for Warranty service must be submitted promptly in writing and must include an explanation of the circumstances leading to the claim. Upon Gogo’s receipt and verification of the claim either by the customer or the authorized Gogo dealer, Gogo may, at its sole option, provide Warranty service (i) at a Gogo authorized dealer’s location, (ii) by having customer ship the Equipment to Gogo’s repair service location, or (iii) by Gogo sending customer new or refurbished customer-installable replacement Equipment or parts to enable customer to service or exchange the Equipment.

Equipment returned for Warranty service will be accepted only if the customer or the authorized Gogo dealer has previously contacted Gogo, issued to Gogo a purchase order in the amount of $0 USD, and received a return material authorization (“RMA”) number and the RMA number is noted on the shipping documents. If a defect is determined by Gogo to have been caused by the customer or any third party (including a dealer), or any of the exclusions listed above, the customer will be responsible for all repair or replacement costs even if the Equipment is under Warranty. If the Equipment is found to be No Fault Found (“NFF”), Gogo will charge an NFF fee regardless of warranty status. The customer will pay for removal, reinstallation and transportation of all items returned to Gogo under the Warranty. All products returned out of warranty will be charged at Gogo’s standard rates.

When providing replacement Equipment or parts in exchange of the original Equipment or parts, Gogo may require a purchase order as security for the retail price of the replacement Equipment or part and applicable shipping costs. If customer fails to return the Equipment as instructed, Gogo will issue an invoice against the purchase order. Service options and parts availability may vary.

Data Responsibility

If the Equipment is capable of storing software, data, and other information, customer is responsible for protecting its contents against possible operational failures and data losses, and Gogo expressly disclaims any liability therefore. Before delivering the Equipment for Warranty service, it is customer’s responsibility to keep a separate backup copy of the contents and disable any applicable security passwords. IN THE COURSE OF WARRANTY SERVICE, THE CONTENTS OF THE EQUIPMENT WILL BE DELETED AND THE STORAGE MEDIA REFORMATTED. The Equipment will be returned to customer configured as originally purchased, without any user data, subject only to applicable Gogo software updates. Customer will be responsible for reinstalling and reconfiguring all user data, settings, and passwords. Recovery and reconfiguration of user data are not covered under the Warranty.

Disclaimers

THE WARRANTIES PROVIDED IN THESE TERMS AND CONDITIONS CONSTITUTE GOGO’S SOLE AND EXCLUSIVE LIABILITY FOR DEFECTIVE OR NONCONFORMING EQUIPMENT. IN NO EVENT SHALL GOGO’S LIABILITY UNDER ANY WARRANTY EXCEED THE PURCHASE PRICE ACTUALLY PAID FOR THE EQUIPMENT FOR WHICH A CLAIM IS MADE. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED HEREIN, GOGO MAKES NO WARRANTY WHATSOEVER FOR IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED HEREIN AND TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL GOGO BE LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING) OR FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF DATA, LOSS OF USE, LOSS OF REVENUES, OR DAMAGES TO BUSINESS, GOODWILL, OR REPUTATION (WHETHER DIRECT OR INDIRECT IN NATURE) ARISING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, WHETHER OR NOT GOGO SHALL HAVE BEEN MADE AWARE OF THE POSSIBILITY OF SUCH LOSS.

Changes in Warranty

Gogo may change the terms or conditions for the Warranty set forth herein at its sole discretion by posting a revised version of the Warranty to Gogo’s website at https://www.gogoair.com/.