Harris PRE99-1500-08, Installation & User Manual

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performance. Unless otherwise specified by Harris in writing, repaired or replaced Equipment (or
parts thereof) are covered only for the remainder of the term of the applicable Standard
Equipment Warranty. All defective Equipment (or parts thereof) replaced by Harris become the
property of Harris. Harris has no obligation to (i) service, exchange or otherwise replace any
Equipment (or part thereof) that has been damaged, modified, abused, misused or overused as
determined by Harris or has been used with non-Harris supplies or products that have caused
damage or malfunction; (ii) paint, refinish, refurbish, restore or exchange any Equipment (or part
thereof) with cosmetic blemishes; (iii) service, exchange or otherwise replace any Equipment (or
part thereof) if the same would interfere with, impede or be redundant with normal or scheduled
maintenance of such Equipment (or part thereof); (iv) service, exchange or otherwise replace any
Equipment (or part thereof) that is within sixty (60) days of the end of its production life; or (v)
provide any application software support or service involving application hardware or replace any
accessories. If Harris elects to perform any such services at Customer’s request, then such services
will be deemed a service call and all labor, parts and materials used for the service call will be
charged at Harris’ then-prevailing rates.
Harris does not warrant nor guarantee, and is not responsible for:
1. Defects, failures, damages or performance limitations caused in whole or in part by (A) power
failures, surges, fires, floods, snow, ice, lightning, excessive heat or cold, highly corrosive
environments, accidents, actions of third parties, or other events outside of Harris’ control, or (B)
Customer’s abuse, mishandling, misuse, negligence, improper storage, servicing or operation, or
unauthorized attempts to repair or alter the Equipment in any way. Customer must provide
qualified technical personnel to maintain and repair the Equipment.
2. Equipment built to Customer’s specifications that are later found not to meet Customer’s needs
or expectations.
3. The performance of the Equipment when used in combination with equipment not purchased,
specified, or approved by Harris.
4. Signal coverage delivered by antenna equipment whether or not supplied by Harris.
5. Batteries and other consumable goods.
1. OEM or Third Party equipment that is incorporated into Harris Equipment is covered under the
applicable Harris Standard Equipment Warranty unless the OEM or Third Party equipment carries
its own limited warranty, in which event the OEM or Third Party warranty will apply to such
equipment incorporated into Harris Equipment. For example and not limitation, CRTs, LCDs,
FSMs and Optical Test products are OEM products that have a limited 1 year manufacturer’s
warranty.
2. Items Sold As Resale. Items sold as resale are such items that are not manufactured by Harris
but may be utilized in conjunction with or independently of Harris manufactured Equipment
(such as tubes, printers and antenna transmission lines) and shall be covered only by the specific
warranty terms of the supplier or original equipment manufacturer of those items. IF AN ORDER
COVERS EQUIPMENT NOT OWNED BY HARRIS, IT IS SOLD SUBJECT TO HARRIS’
ACQUISITION OF POSSESSION.
3. B-Stock Equipment. B-Stock Equipment for non-transmitter related Equipment is defined as
any non-out-of-production product that is less than three (3) years old. B-Stock Equipment related
to transmitters is defined as equipment repurchased by Harris that is reconditioned or refurbished
for sale to a second generation owner by Harris or its reseller.
4. Used Equipment. IF THE EQUIPMENT SPECIFIED IN AN ORDER IS DESCRIBED AS USED,
UNLESS OTHERWISE AGREED IN WRITING BY THE PARTIES, IT IS SOLD “AS IS” AND WITH
NO WARRANTY.
Harris warrants that the Services will be performed in a professional manner (the “Services
Warranty”). Notice of a breach of the Services Warranty must (i) specify in reasonable detail, the
nature of the claim, and (ii) be received within ninety (90) days from the last day of performance
of the Services. Upon notice of a breach of the Services Warranty and Harris’ determination of the
validity of such breach of the Services Warranty, Harris will re-perform the applicable Services at
Harris’ expense. If after reasonable opportunity Harris is unable to re-perform such Services to the
reasonable satisfaction of Customer, Customer may, as its exclusive remedy, obtain a refund of the
fees paid to Harris under the applicable Order for such Services.
1. Physical Media. Harris warrants all physical media (“software media”) for the Licensed
Programs, including without limit custom software and traffic translators, to be free of defects in
material or workmanship for a period of ninety (90) days from the date of completed installation,
or if Customer should assume responsibility for installation of the Software, for a period of ninety
(90) days from the date of shipment of the Licensed Programs by Harris (the “Software Warranty
Period”). This limited warranty extends only to Customer as the original licensee. Customer’s sole
and exclusive remedy under this limited warranty will be, at Harris’ option, repair or replacement
of the software media.
2. Licensed Programs. Harris warrants that during the Software Warranty Period (or such other
time period as agreed in writing by the parties) the Licensed Programs shall operate substantially
in compliance with Harris’ specifications for the Licensed Programs (the “Software Warranty”).
The entire liability of Harris under this limited warranty is to provide, free of charge, a corrected
copy of any portion of the Licensed Programs which is found by Harris inspection not to be in
substantial compliance with its specifications. If Harris is unable to provide a corrected copy of the
Licensed Programs within a reasonable time, as Customer’s sole and exclusive remedy, Harris will
replace the same with a functionally similar program or refund to Customer the amounts
Customer paid Harris to purchase or license such Licensed Programs. Harris does not warrant
that such Programs are error free or that Customer will be able to operate such Programs without
problems or interruptions. Corrections to the Licensed Programs beyond the Software Warranty
Period will only be made by Harris pursuant to a separate software maintenance agreement.
3. Cost of Corrections. During the Software Warranty Period, Harris will bear the material cost
and shipment of corrected or replacement Software at no charge to Customer. Software
corrections will be sent via e-mail. In the rare event Customer requires a Harris customer support