10
P L 3 7 0 / 4 7 0 R F C r a d l e
Warranty
(A) Seller's hardware Products are warranted against defects in workmanship and
materials for a period of twelve (12) months from the date of shipment, provided the
Product remains unmodified and is operated under normal and proper conditions.
Warranty provisions and durations on software, integrated installed systems, Product
modified or designed to meet specific customer specifications ("Custom Products"),
remanufactured products, and reconditioned or upgraded products, shall be as
provided in the applicable Product specification in effect at the time of purchase or in
the accompanying software license. (B) Products may be serviced or manufactured with
parts, components, or subassemblies that originate from returned products and that
have been tested as meeting applicable specifications for equivalent new material and
Products. The sole obligation of Seller for defective hardware Products is limited to
repair or replacement (at Seller's option) on a "return to service depot" basis with prior
Seller authorization. Shipment to and from Seller will be at Seller's expense, unless no
defect is found. No charge will be made to Buyer for replacement parts for warranty
repairs. Seller is not responsible for any damage to or loss of any software programs,
data or removable data storage media, or the restoration or reinstallation of any
software programs or data other than the software, if any, installed by Seller during
manufacture of the Product. The aforementioned provisions do not extend the original
warranty period of any Product that had either been repaired or replaced by Seller. (C)
The above warranty provisions shall not apply to any Product (i) which has been
repaired, tampered with, altered or modified, except by Seller's authorized service
personnel; (ii) in which the defects or damage to the Product result from normal wear
and tear, misuse, negligence, improper storage, water or other liquids, battery leakage
or failure to perform operator handling and scheduled maintenance instructions
supplied by Seller; (iii) which has been subjected to unusual physical or electrical stress,
abuse, or accident, or forces or exposure beyond normal use within the specified
operational and environmental parameters set forth in the applicable Product
specification; nor shall the above warranty provisions apply to any expendable or
consumable items, such as batteries, supplied with the Product. EXCEPT FOR THE
WARRANTY OF TITLE AND THE EXPRESS WARRANTIES STATED ABOVE,
SELLER DISCLAIMS ALL WARRANTIES ON PRODUCTS FURNISHED
HERUNDER INCLUDING ALL IMPLIED WARRANTIES OF
MERCHANTABLILTY AND FITNESS FOR A PARTICULAR USE. ANY IMPLIED
WARRANTIES THAT MAY BE IMPOSED BY LAW ARE LIMITED IN DURATION
TO THE LIMITED WARRANTY PERIOD. SOME STATES OR COUNTRIES DO
NOT ALLOW A LIMITATION ON HOW LONG AN IMPLIED WARRANTY
LASTS OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES FOR CONSUMER PRODUCTS. IN SUCH STATES
OR COUNTIRES, FOR SUCH PRODUCTS, SOME EXCLUSIONS OR
LIMITATIONS OF THIS LIMITED WARRANTY MAY NOT APPLY. The stated
express warranties are in lieu of all obligations or liabilities on the part of Seller for
damages, including but not limited to, special, indirect or consequential damages
arising out of or in connection with the use or performance of the Product or service.
Seller's liability for damages to Buyer or others resulting from the use of any Product
or service furnished hereunder shall in no way exceed the purchase price of said Product
or the fair market value of said service, except in instances of injury to persons or
property.
