Limited Warranty
a) Standard Limited Warranty. If the products purchased hereunder are resold by a distributor or
reseller to an end-user (customer) pursuant to the terms hereof in their original, unmodified,
unused condition, Purchaser shall pass on to its customers, or keep as applicable for internal
use, the MAKO NETWORKS, LTD. standard limited warranty for the products, as summarized
in documentation supplied with the product and including provisions and limitations set forth
below. The Manufacturer warrants the Mako appliance for one (1) year. The Warranty begins
on the date of purchase as shown on your providers invoice.
b) Express End-user Limited Warranty. Each MAKO NETWORKS, LTD. product purchased
hereunder is warranted against defect in material and workmanship and will substantially
conform to MAKO NETWORKS, LTD. product documentation for the period set forth in the
documentation supplied with the product following delivery to end-user (the “Warranty Period”).
This warranty extends only to end-user and will not extend to, nor may it be assigned to, any
subsequent user, Purchaser or user of a MAKO NETWORKS, LTD. product, whether such
MAKO NETWORKS, LTD. product is alone or incorporated into end-user’s product.
c)
Exclusions. The express warranty set forth above is contingent upon the proper use of a
MAKO NETWORKS, LTD. product in the application for which it was intended and will not
apply to any MAKO NETWORKS, LTD. product that has been (i) damaged during shipping, (ii)
modified or improperly maintained or repaired by a party other than MAKO NETWORKS, LTD.
or its designees, or (iii) subjected to unusual physical or electrical stress. This includes
operation of the product outside the Operating Specifications of the product.
d) Limitation of Remedy. In the event a MAKO NETWORKS, LTD. product fails to perform as
warranted, MAKO NETWORKS, LTD. sole and exclusive liability and end-user’s only remedies
for breach of this warranty shall be, at MAKO NETWORKS, LTD.’s option to repair, replace or
credit an amount not exceeding the Purchaser’s purchase price of each product found to be
defective, provided that:
1.
End-user complies with the rejection and warranty procedures contained in
Section 5 below and returns the MAKO NETWORKS, LTD. product that the end-user
considers defective for examination and testing.
2.
MAKO NETWORKS, LTD. shall not be liable under this warranty if testing and
examination by MAKO NETWORKS, LTD. discloses that the MAKO NETWORKS,
LTD. product has been modified or altered in any manner after it was shipped by
MAKO NETWORKS, LTD.
3.
MAKO NETWORKS, LTD. shall not be liable under this warranty if testing
and examination by MAKO NETWORKS, LTD. discloses that the alleged defect in the
MAKO NETWORKS, LTD. product does not exist or was caused by end-user or any
third person’s misuse, neglect, improper installation or testing, unauthorized attempts
to repair or any other cause beyond the range of intended user, or by accident, fire or
other hazard.
4.
MAKO NETWORKS, LTD. shall not be liable under any warranty under this
Agreement with respect to any MAKO NETWORKS, LTD. product that is not returned
in its original shipping container or a functionally equivalent container.
5.
If MAKO NETWORKS, LTD. testing and examination does not disclose a defect
warranted under this Agreement: MAKO NETWORKS, LTD. shall so advise Purchaser
and dispose of such MAKO NETWORKS, LTD. product in accordance with
Purchaser’s instructions on behalf of end-user and at Purchaser’s cost.
Mako Networks Mako 7550-E Product Handbook v.1.1
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