AXP340 Transponder Installation Manual
10 March 2014
01201-00
Issue AF
AVIDYNE CORPORATION
Page 37
14. AVIDYNE EXCLUSIVE LIMITED WARRANTY and LIMITATIONS
ON LIABILITY
Avidyne warrants the Product manufactured by it against defects in material and workmanship for a period of
twenty-four (24) months from delivery. If Avidyne's Product fails to conform to this warranty, Avidyne, in its
sole discretion, will either repair or replace the Product or provide a refund of the purchase price paid for the
Product. This warranty is made upon the express conditions that:
a)
Avidyne is given prompt written notice of any claimed non-conformity in the Product with a
reasonable explanation thereof;
b)
The Product is returned to Avidyne or to an Avidyne authorized service facility;
c)
The Product has not been altered in any manner other than as previously authorized by Avidyne in
writing; and
d)
Repairs to the Product have not been made by anyone other than Avidyne or an Avidyne authorized
service facility.
This warranty does not apply to any Product which is not installed, maintained and operated in accordance with
Avidyne's written instructions or which is otherwise misused, including, without limitation, to any Product
which is damaged due to improper installation, maintenance or operation, tampering, alteration of serial
numbers or other manufacturers data, lightning or other electrical source, or otherwise.
If warranty protection is applicable to the Product, Avidyne will use reasonable efforts to repair or replace
Product within ten (10) business days of its receipt of the Product.
Any Product that has been repaired by Avidyne or replaced by Avidyne under this warranty will be subject to
remainder of the original warranty term applicable to the repaired or replaced Product or will be warranted
under the warranty terms above for ninety days from the date of repair or replacement, whichever period is
longer.
THIS EXCLUSIVE LIMITED WARRANTY APPLIES IN LIEU OF AND EXPRESSLY
SUPERCEDES AND EXCLUDES ALL OTHER REPRESENTATIONS, AFFIRMATIONS AND/ OR
WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING,
WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, OF FITNESS FOR A
PARTICULAR PURPOSE, OF TITLE AND/OR OF NON-INFRINGEMENT. PURCHASER
EXPRESSLY AND KNOWINGLY AGREES THAT NO OTHER REPRESENTATIONS,
AFFIRMATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN,
FORM PART OF ANY PURCHASE AND SALE TRANSACTION RELATED TO THE PRODUCT.
AVIDYNE'S (AND ITS AFFILIATES') AND ANY PRODUCT COMPONENT SUPPLIER'S SOLE
RESPONSIBILITY AND LIABILITY RELATED TO THE PRODUCT OR ARISING OUT OF OR
RELATED TO ITS PURCHASE, SALE, PERFORMANCE, RELIABILITY OR USE ARE LIMITED
TO ITS REPAIR OR REPLACEMENT, OR TO A REFUND OF THE PURCHASE PRICE, IN
AVIDYNE'S SOLE DISCRETION. IN NO EVENT WILL AVIDYNE (OR ITS AFFILIATES) OR ANY
SUPPLIERS OF PRODUCT COMPONENTS BE RESPONSIBLE OR LIABLE FOR ANY OTHER
DAMAGE OF ANY NATURE WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, LOSS OF USE, LOSS OF REVENUE OR PROFIT, PROPERTY
DAMAGE, PERSONAL INJURY, WRONGFUL DEATH, OR OTHER DAMAGE (WHETHER OR
NOT AVIDYNE (OR ITS AFFILIATES) WERE NOTIFIED OF THE POSSIBILITY THAT ANY
DAMAGE MIGHT BE INCURRED), ARISING OUT OF OR RELATED TO THE PRODUCT, ITS
PURCHASE OR SALE, ITS PERFORMANCE OR RELIABILITY, OR THE USE OR INABILITY TO
USE THE PRODUCT, FOR ANY REASON, INCLUDING DUE TO ANY PRODUCT DEFECT OR
DEFECTS OR ANY ACTION OR INACTION OF ANY NATURE (INCLUDING CLAIMED OR
ACTUAL NEGLIGENCE OR GROSS NEGLIGENCE) BY AVIDYNE OR ANY SUPPLIERS OF
PRODUCT COMPONENTS. NEITHER THIS EXCLUSIVE LIMITED WARRANTY NOR
AVIDYNE'S OR ANY PRODUCT COMPONENT SUPPLIER'S RESPONSIBILITY OR LIABILITY