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Limited Warranty
ZTE warrants that, for one year from the date of delivery by ZTE to purchaser's designated carrier, the equipment will remain
free from defects in design, material and workmanship under normal use and service and will conform in all material respects to
the applicable specifications set forth in purchase order or agreement. ZTE does not warrant that operation of the equipment will
be error-free or uninterrupted.
In accordance with ZTE's standard, warranty terms, ZTE shall, at its option, repair or replace any defective or nonconforming
item, provided that (a) purchaser/End User gives ZTE written notice of the defect or nonconformity within the warranty period
specified above promptly after Reseller is notified by the End User of the same; and (b) End User returns the defective item at its
expense to ZTE’s nominated Customer Service Department in accordance with ZTE’s standard parts exchange procedures.
This warranty does not apply to defects or errors in the Equipment caused by: (a) reasonable abrasion of equipments; (b) End
User’s failure to follow ZTE’s installation, operation or maintenance instructions or procedures; (c) End User’s mishandling,
misuse, negligence, or improper installation, un-installation, storage, servicing or operation of the Equipment; (d) modifications
or repairs not made by ZTE or a ZTE-certified individual; (e) power failures, surges, fire, flood, accident, actions of third parties
or other events outside ZTE’s reasonable control; (f) usage of products of third Parties, or usage conjunction with third parties
provided that such defects are due to the conjunction; (g) any other cause beyond the range of normal usage for equipments. End
User shall assure that equipment is installed and maintained by ZTE or ZTE-certified individuals in accordance with ZTE’s
certification procedures; provided that if End User causes or permits services to be provided by individuals who are not
ZTE-certified, the Warranty shall be void as to all Equipment serviced in breach of this agreement. End User shall have no
right to reject, return, or receive a refund for any Equipment from ZTE. Any item repaired or replaced by ZTE shall continue to
be warranted for the longer of the remainder of the original warranty period or 90 days from the date the repaired or replaced
part is delivered to the carrier.
THIS WARRANTY (1) IS END USER'S SOLE REMEDY AND ZTE’S SOLE LIABILITY FOR DEFECTIVE OR
NONCONFORMING ITEMS, AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED, IMPLIED OR
STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, UNLESS OTHERWISE REQUIRED UNDER THE MANDATORY
PROVISIONS OF THE CHINESE LAW, AND (2) IS BETWEEN ZTE AND END USER (AS THE ORIGINAL PURCHASER
FOR END USE) AND MAY NOT BE TRANSFERRED OR ASSIGNED, BY OPERATION OF LAW OR OTHERWISE,
WITHOUT ZTE’S PRIOR WRITTEN CONSENT.
Limitation of Liability
ZTE SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH
USAGE
OF
THIS PRODUCT, WHETHER OR NOT ZTE HAD BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE
POSSIBILITY OF SUCH DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, COST OF CAPITAL, COST
OF SUBSTITUTE FACILITIES OR EQUIPMENT, ANY DOWNTIME COSTS OR CLAIMS OF END USERS. THE
LIABILITY OF EACH PARTY UNDER THIS AGREEMENT, WHETHER ARISING OUT OF BREACH OF
CONTRACT (INCLUDING BUT NOT LIMITED TO BREACH OF WARRANTY) OR TORT (INCLUDING BUT NOT
LIMITED TO NEGLIGENCE AND STRICT LIABILITY) OR UNDER AN INDEMNIFICATION PROVISION SHALL IN
NO EVENT EXCEED THE AGGREGATE AMOUNT BENIFITED BY ZTE IN THE PRODUCTS FROM WHICH SUCH
LOSS OR DAMAGE DIRECTLY AROSE.
Confidentiality