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© Copyright 2021 ABB. All rights reserved.
14
Product Warranty
A.
Seller warrants to Customer only, that:
1.
As of the date title to Products passes, Seller will have the right to sell, transfer, and assign such Products and
the title conveyed by Seller shall be good;
2.
During the warranty period stated in Sub
-
Article B below, Seller
’
s Manufactured Products (products
manufactured by Seller), which have been paid for by Customer, will conform to industry standards and Seller
’
s
specifications and shall be free from material defects;
3.
3. With respect to Vendor items (items not manufactured by Seller), Seller warrants that such Vendor items,
which have been paid for by Customer, will be free from material defects for a period of sixty (60) days
commencing from the date of shipment from Seller
’
s facility.
B.
The Warranty Period listed below is applicable to Seller
’
s Manufactured Products furnished pursuant to this
Agreement, commencing from date of shipment from Seller
’
s facility, unless otherwise agreed to in writing:
Product Type
New Product
Repaired Product
Central Office Power equipment
24 Months
6 Months
Warranty Period
* The Warranty Period for a repaired Product or part thereof is six (6) months or, the remainder of the unexpired term of the new Product Warranty Period, whichever
is longer.
C.
If, under normal and proper use during the applicable Warranty Period, a defect or nonconformity is identified in a
Product and Customer notifies Seller in writing of such defect or nonconformity promptly after Customer discovers
such defect or nonconformity, and follows Seller's instructions regarding return of defective or nonconforming
Products, Seller shall, at its option attempt first to repair or replace such Product without charge at its facility or, if
not feasible, provide a refund or credit based on the original purchase price and installation charges if installed by
Seller. Where Seller has elected to repair a Seller
’
s Manufactured Product (other than Cable and Wire Products)
which has been installed by Seller and Seller ascertains that the Product is not readily returnable for repair, Seller
will repair the Product at Customer
’
s site.
With respect to Cable and Wire Products manufactured by Seller which Seller elects to repair but which are not
readily returnable for repair, whether or not
installed by Seller, Seller at its option, may repair the cable and Wire Products at Customer
’
s site.
D.
If Seller has elected to repair or replace a defective Product, Customer shall have the option of removing and
reinstalling or having Seller remove and reinstall the defective or nonconforming Product. The cost of the removal
and the reinstallation shall be borne by Customer. With respect to Cable and Wire Products, Customer has the
further responsibility, at its expense, to make the Cable and Wire Products accessible for repair or replacement and
to restore the site. Products returned for repair or replacement will be accepted by Seller only in accordance with its
instructions and procedures for such returns. The transportation expense associated with returning such Product
to Seller shall be borne by Customer. Seller shall pay the cost of transportation of the repaired or replacing Product
to the destination designated by Customer.
E.
Except for batteries, the defective or nonconforming Products or parts which are replaced shall become Seller's
property. Customer shall be solely responsible for the disposition of any batteries.
F.
If Seller determines that a Product for which warranty service is claimed is not defective or nonconforming,
Customer shall pay Seller all costs of handling, inspecting, testing, and transportation and, if applicable, traveling
and related expenses.
G.
Seller makes no warranty with respect to defective conditions or nonconformities resulting from actions of anyone
other than Seller or its subcontractors, caused by any of the following: modifications, misuse, neglect, accident, or
abuse; improper wiring, repairing, splicing, alteration, installation, storage, or maintenance; use in a manner not in
accordance with Seller
’
s or Vendor
’
s specifications or operating instructions, or failure of Customer to apply
previously applicable Seller modifications and corrections. In addition, Seller makes no warranty with respect to
Products which have had their serial numbers or month and year of manufacture removed, altered, or experimental
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