Warranty
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f. Product which has had the serial number removed or made
illegible.
g. Rechargeable batteries if:
1.Any of the seals on the battery enclosure of cells are broken or
shoe evidence of tampering.
2.the damage or defect is caused by charging or using the
battery in equipment or service other than the Product for which
it is specified.
h. Freight costs to the repair depot.
i.
A Product which, due to illegal or unauthorized alteration of
the software/firmware in the Product, does not function in
accordance with MOTOROLA’S published specifications or
the local type acceptance labeling in effect for the Product at
the time the Product was initially distributed from
MOTOROLA.
j.
Scratches or other cosmetic damage to Product surfaces that
does not effect the operation of the Product.
k. Normal and customary wear and tear.
l.
Exclusion for defects or damage arising from use of the
products in connection with non-MOTOROLA equipment.
V. Patent and Software Provisions:
MOTOROLA will defend, at its own expense, any suit brought against the end
user purchaser to the extent that it is based on a claim that the Product or parts
infringe a United States patent, and MOTOROLA will pay those costs and
damages finally awarded against the end user purchaser in any such suit which
are attributable to any such claim, but such defense and payments are
conditioned on the following:
a. that MOTOROLA will be notified promptly in writing by such
purchaser of any notice of such claim;
b. that MOTOROLA will have sole control of the defense of such
suit and all negotiations for its settlement or compromise; and
c. Should the Product or parts become, or in MOTOROLA’S
opinion be likely to become, the subject of a claim of
infringement of a patent, that such purchaser will permit
MOTOROLA, at its option and expense, either to procure for
such purchaser the right to continue to using the Product or
parts or to replace or modify the same so that it becomes non-
