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Canoga Perkins
A.4 Warranty
Electronic Products
Canoga Perkins warrants to the Customer that all goods sold to the Buyer will perform in
accordance with the applicable data sheets, drawings or written specifications, and at the time
of sale will be free of defects in material and workmanship.
The warranty period for the WA-
4 and WA-8 Wave Division Multiplexing Products and OSP test equipment will be ONE
(1) year from the date of shipment. The warranty period for all other data communica-
tions equipment will be THREE (3) YEARS from the date of shipment.
This warranty will
apply unless goods have been subject to lightning damage or other Acts of Nature, misuse,
neglect, accident, damage, improper installation or maintenance, or alteration or repair by
anyone other than Seller or its authorized representative. Buyer should notify Canoga Perkins
promptly in writing of any claim based on warranty, and Canoga Perkins, at its option, may first
inspect such goods at the premises of Buyer, or may give written authorization to Buyer to
return the goods to Canoga Perkins, transportation charges prepaid, for examination by Canoga
Perkins. Canoga Perkins will not be liable for any inspection, packing or labor costs in connec-
tion with return of goods. In the event that Canoga Perkins breaches its obligation of warranty,
the sole and exclusive remedy of Buyer is limited to replacement, repair or credit of the pur-
chase price, at Canoga Perkins option.
Cable Products
Carefully inspect the cable upon receipt. If the cable is defective, contact the Canoga Perkins
Customer Service Department within ten (10) working days of receipt to obtain a Return Material
Authorization (RMA) number before reshipping to Canoga Perkins. If defective, the cable will be
repaired or replaced in accordance with the warranty of the cable manufacturer, which is the
sole warranty. Unless the customer order specifies that Canoga Perkins shall install or super-
vise installation of the cable, Canoga Perkins assumes no responsibility for the installation.
Canoga Perkins shall not be liable for defective cable, cost of removing defective cable, or cost
of installing replacement cable.
Limitations
OTHER THAN THOSE EXPRESSLY STATED HEREIN, THERE ARE NO OTHER WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, AND SPECIFICALLY EXCLUDED BUT NOT BY WAY OF
LIMITATION, ARE THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND
MERCHANTABILITY. IT IS UNDERSTOOD AND AGREED THE SELLERS LIABILITY WHETHER IN
CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE OR OTHERWISE SHALL NOT
EXCEED THE AMOUNT OF THE PURCHASE PRICE PAID BY THE PURCHASER AND UNDER NO
CIRCUMSTANCES SHALL SELLER BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSE-
QUENTIAL DAMAGES. THE PRICE STATED FOR THE EQUIPMENT IS A CONSIDERATION IN
LIMITING SELLERS LIABILITY. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE
TRANSACTIONS OF THIS AGREEMENT MAY BE BROUGHT BY PURCHASER MORE THAN ONE
YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED. SELLERS MAXIMUM LIABILITY SHALL
NOT EXCEED AND BUYERS REMEDY IS LIMITED TO EITHER (i) REPAIR OR REPLACEMENT OF
THE DEFECTIVE PART OF PRODUCT, OR AT SELLERS OPTION (ii) RETURN OF THE PRODUCT
AND REFUND OF THE PURCHASE PRICE, AND SUCH REMEDY SHALL BE BUYERS ENTIRE AND
EXCLUSIVE REMEDY.