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Appendix D
41 www.arwestcom.com
W
ARRANTY
T
ERMS
ArWest 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
1
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, EXPRESS OR
I M P L I E D , I N C L U D I N G B U T N OT L I M I T E D TO T H E I M P L I E D WA R R A N T I E S O F
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
OWNERSHIP, USE OR OPERATION OF THE RADIO REGARDLESS OF WHETHER SUCH
DAMAGES ARE PREDICATED OR BASED UPON BREACH OF WARRANTY, BREACH OF
CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER LEGAL THEORY. SUCH
DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFITS, LOSS OF SAVINGS OR
REVENUE, LOSS OF USE OF THE RADIO OR ANY ASSOCIATED EQUIPMENT, COST OF
CAPITAL, COST OF ANY SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES, THE CLAIMS
1. The warranty against defects in ArWest adapter, antenna, battery, charger, or cable is 90 days.