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A.
Ericsson GE Mobile Communications Inc. (hereinafter "Seller") warrants to the original pur
chaser
for use (hereinafter "Buyer") that Equipment manufactured by Seller shall be free from defect
s
in material, workmanship and title, and shall conform to its published specifications. Wi
th
respect to any Equipment not manufactured by Seller (except for integral parts of Seller’s
Equipment to which the warranties set forth above shall apply), Seller gives no warranty, and o
nly
the warranty, if any, given by the manufacturer shall apply. Batteries are excluded from this
warranty but are warranted under a separate Nickel-Cadmium Battery Warranty.
B.
Seller’s obligations set forth in Paragraph C below shall apply only to failures to meet the
above
warranties (except as to title) occurring within the following periods of time from date o
f sale
to the Buyer and are conditioned on Buyer’s giving written notice to Seller within thirty (30)
days of such occurrence:
1.
for fuses, incandescent lamps, vacuum tubes and non-rechargeable batteries, operable on
arrival only.
2.
for parts and accessories (except as noted in B.1) sold by Seller’s Service Parts Operation,
ninety (90) days.
3.
for all other Equipment of Seller’s manufacture, one (1) year.
C.
If any Equipment fails to meet the foregoing warranties, Seller shall correct the failure at
its
option (i) by repairing any defective or damaged part or parts thereof, or (ii) by making ava
ilable
at Seller’s factory any necessary repaired or replacement parts. Any repaired or replacemen
t
part furnished hereunder shall be warranted for the remainder of the warranty period of the
Equipment in which it is installed. Where such failure cannot be corrected by Seller’s reasona
ble
efforts, the parties will negotiate an equitable adjustment in price. Labor to perform wa
rranty
service will be provided at no change only for the Equipment covered under Paragraph B.3, and
only during the first three (3) months following the date of sale to the Buyer. Thereafter, lab
or
will be charged at prevailing rates. To be eligible for no-charge labor, service must be perf
ormed by
an authorized General Electric Service Station or other Servicer approved for these purposes
either at its place of business during normal business hours, for mobile or personal equipmen
t,
or at the Buyer’s location, for fixed location equipment. Service on fixed location equipme
nt more
than thirty (30) miles from the Service Station or other approved Servicer’s place of business
will include a charge for transportation. Equipment located off-shore is not eligible for no
-charge
labor.
D.
Seller’s obligations under Paragraph C shall not apply to any Equipment, or part thereof, whi
ch (i)
has been modified or otherwise altered other than pursuant to Seller’s written instructions
or
written approval or, (ii) is normally consumed in operation or, (iii) has a normal life inhe
rently
shorter than the warranty periods specified in Paragraph B, or (iv) is not properly stored,
installed, used, maintained or repaired, or, (v) has been subjected to any other kind of misuse
or
detrimental exposure, or has been involved in an accident.
E.
The preceding paragraphs set forth the exclusive remedies for claims (except as to title) ba
sed
upon defects in or nonconformity of the Equipment, whether the claim is in contract, warranty,
tort (including negligence), strict liability or otherwise, and however instituted. Upon
the expira
-
tion of the warranty period, all such liability shall terminate. The foregoing warranties
are
exclusive and in lieu of all other warranties, whether oral, written, expressed, implied or s
tatutory.
NO IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICU
-
LAR PURPOSE SHALL APPLY. IN NO EVENT SHALL THE SELLER BE LIABLE FOR ANY INCIDEN
-
TAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR EXEMPLARY DAMAGES.
This warranty applies only within the United States.
1-800-528-7711 (804-528-7711 Outside U.S.A.).
ECX-362S
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