MM-015039-001
34
WARRANTY
A. HARRIS, Inc. (hereinafter "Seller") warrants to the original purchaser for use (hereinafter "Buyer") that
Equipment manufactured by or for the Seller shall be free from defects in material and workmanship, and
shall conform to its published specifications. With respect to all non-HARRIS Equipment, Seller gives no
warranty, and only the warranty, if any, given by the manufacturer shall apply. Rechargeable batteries are
excluded from this warranty but are warranted under a separate Rechargeable Battery Warranty (ECR-7048).
B.
Seller’s obligations set forth in Paragraph C below shall apply only to failures to meet the above warranties
occurring within
the following periods of time from date of 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 and non-rechargeable batteries, operable on arrival only.
2. for parts and ac
cessories (except as noted in B.1) sold by Seller’s Service Parts Operation, ninety (90)
days.
3. for P7200, P7100
IP
, P5400, P5300, P5200, P5100, P3300, PANTHER
405P and 605P, M7300, M7200
(including V-TAC), M7100
IP
, M5300 and M3300 radios, two (2) years, effective 10/01/2007.
4.
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 thereo
f, (ii) by making available at Seller’s factory any
necessary repaired or replacement parts, or (iii) by replacing the failed Equipment with equivalent new or
refurbished Equipment. Any repaired or replacement 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 reasonable efforts, the parties will negotiate an equitable adjustment in price. Labor to
perform warranty service will be provided at no charge during the warranty period only for the Equipment
covered under Paragraph B.3 and B.4. To be eligible for no-charge labor, service must be performed at a
HARRIS factory, by an Authorized Service Center (ASC) or other Servicer approved for these purposes either
at its place of business during normal business hours, for mobile or personal equipment, or at the Buyer’s
location, for fixed location equipment. Service on fixed location equipment more than thirty (30) miles from the
Service C
enter or other approved Servicer’s place of business will include a charge for transportation.
D.
Seller’s obligations under Paragraph C shall not apply to any Equipment, or part thereof, which (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 inherently 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 based 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 expiration 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 statutory. NO IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR PARTICULAR PURPOSE SHALL APPLY. IN NO EVENT SHALL THE SELLER BE LIABLE FOR ANY
INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR EXEMPLARY DAMAGES.
This warranty applies only within the United States.
HARRIS, Inc.
HARRIS, Inc.
1011 Pawtucket Blvd.
221 Jefferson Ridge Parkway
Lowell, MA 01853
Lynchburg, VA 24501
1-877-OPENSKY
1-800-528-7711
ECR-7047F
