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Appendix D
45 www.arwestcom.com
W
ARRANTY
T
ERMS
AArWest Communications Corp., Inc. (“Company”) warrants, to the end-user only, that the
Narrow Band Radio Modems (“Radios”) purchased (a) conforms to the Company’s published
specifications for the model purchased, and (b) is free from defects in material or workmanship.
The duration of this warranty is twelve (12) months from date of purchase and any claim for
breach of warranty must be brought to the Company’s attention within such twelve (12) month
period and the Receiver must be returned for action on any such claim within twelve (12) months
from the date of purchase. Within a reasonable period of time after a claim, the Company will
correct any failure of the Radio to conform to specifications or any defect in materials or
workmanship, or replace the Radio, or, at its option, provide a full refund of the purchase price. A
repaired or replaced product is warranted for 90 days from the date of return shipment to the
buyer, or for the balance of the original warranty period, whichever is longer. These remedies are
the buyer’s exclusive remedies for breach of warranty.
To obtain warranty service, the buyer must return the Radio, postage-paid, with proof of the date
of original purchase and the buyer's return address to the Company or an authorized service
center. The Company will not be responsible for any loss or damage to the product incurred while
it is in transit or is being shipped for repair. It is the buyer's responsibility to arrange for insurance,
if the buyer so desires.
The Company does not warrant (a) any product, components or parts not manufactured by the
Company, (b) defects caused by failure to provide a suitable installation environment for the
Radio, (c) damage caused by disasters such as fire, flood, wind, and lightning, (e) damage caused
by unauthorized attachments or modification, (f) damage during shipment, (g) any other abuse or
misuse by the buyer, (h) that the Radio will be free from any claim for infringement of any patent,
trademark, copyright or other proprietary right, including trade secrets.
THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES,
E X P R E S S O R I M P L I E D , I N C L U D I N G BU T N OT L I M I T E D TO T H E I M P L I E D
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
AND IF APPLICABLE, IMPLIED WARRANTIES UNDER ARTICLE 35 OF THE UNITED
NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF
GOODS.
IN NO CASE SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY OUT OF THE