© 2010 Advanced Fiber Solutions, Inc. All rights reserved – V-05
19 Norfolk Ave * Easton * MA * USA * 02375 - Phone: 508.238.7100 * Fax: 617.507.0784
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Warranty Certificate
Advanced Fiber Solutions, Inc warrants that its products sold by it to purchaser
will, upon delivery to purchaser, be free of defects in workmanship or materials
and will conform and function in accordance with the specifications for the product
as published by Advanced Fiber Solutions, Inc and in effect at the time of delivery.
Should any failure to conform to this warranty become apparent during the one-
year period after date of delivery of the product to purchaser, AFS will, upon
prompt written notice form the purchaser, correct such non-conformity by repair
or replacement at AFS’s Boston, Massachusetts facilities, shipment to such facility
to be at purchaser’s cost and repaired or replaced components to be shipped to
purchaser FOB AFS’s facility in Easton, Massachusetts. Correction in the manner
provided herein shall constitute a fulfillment of all liability of AFS with respect to
the quality of any products sold by it to purchaser.
THE FORGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER
WARRANTIES OF QUALITY, WHETHER WRITTEN, ORAL OR IMPLIED (INCLUDING
ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE). THE
REMEDIES PROVIDED HERIN SHALL BE THE PURCHASER’S SOLE REMEDY FOR
ANY FAILURE OF AN AFS PRODUCT TO COMPLY WITH THE WARRANTY
PROVISIONS HERIN, WHETHER CLAIMS BY THE PURCHASER ARE BASED IN
CONTRACT OR IN TORT, INCLUDING NEGLIGENCE.
In no event will the AFS product warranty extend to non-conformity in the
performance resulting from: improper or inadequate maintenance performed by
any person other then AFS; failure of performance or function caused by or
attributable to any associated or complimentary equipment not supplied by AFS;
modification of any AFS product or connection therewith or supplementary
equipment not supplied by AFS or not produced by it; operation of the product or
its use other then as provided by AFS; accident, disaster, transportation or neglect
or any other circumstance, agency or event beyond AFS’s control.
IN NO EVENT SHALL AFS BE LIABLE FOR SPECIAL OR CONSEQUENTIAL
DAMAGES SUCH AS, BUT NOT LIMITED TO, DAMAGE OR LOSS OF OTHER
PROPERTY OR EQUIPMENT, LOSS OF PROFITS OR REVENUES, LOSS OF USE OF
EQUIPMENT, COST OF CAPITAL, COST OF PURCHASED REPLACEMENT, OR CLAIMS
FOR SERVICE INTERUPTION.
The remedies of the purchaser set forth herein are exclusive and the liability
of AFS with respect to any contract or anything done in connection therewith, such
as the performance or breech thereof, or from sale, delivery, repair, or use of any
AFS product, whether in contract, in tort, on strict liability or otherwise, shall not
exceed the price of the equipment or part thereof on which such liability is based.
