11
RETURN OF EQUIPMENT UNDER WARRANTY:
2.1 If an item of Equipment malfunctions or fails in normal use within the
applicable Warranty Period: (a) The Customer shall notify CHANNEL MASTER
within thirty (30) days of the problem. (b) CHANNEL MASTER will, at its option,
either resolve the problem over the telephone or provide the customer with a
Return Authorization (“RMA”) Number and the address to which the customer
may ship the defective item; (c) If the problem cannot be resolved over the
telephone, the Customer shall attach a label showing the RMA number to each
returned item, and include a description of the problem. The Customer shall, at
his or her own cost, properly pack the item to be returned, mark the RMA# on
the outside of the box, prepay the insurance and shipping charges, and ship the
item to the specified CHANNEL MASTER location. (d) Unauthorized return of any
equipment, whether in or out of warranty, will be subject to a handling charge, in
addition to all repair and all transportation charges. (e) CHANNEL MASTER will,
at its sole option, repair or replace the returned item. If replaced, the replacement
item may be new or refurbished; if refurbished it will be equivalent in operation
to new Equipment. If a returned item is replaced by CHANNEL MASTER, the
Customer agrees that the returned item will become the property of CHANNEL
MASTER. (f) CHANNEL MASTER will complete the exchange of CHANNEL
MASTER manufactured equipment returned under this Warranty within a
reasonable time, subject to lead-times from factory, and will make a good faith
effort to minimize any and all delays where possible; and (g) CHANNEL MASTER
will, at its cost, ship the repaired item or replacement to the Customer. If the
Customer requests express shipping, the Customer will pay CHANNEL MASTER
an expediting fee. 2.2 Equipment which is repaired or replaced by CHANNEL
MASTER under this Warranty will be covered under all of the provisions of this
Warranty for the remainder of the applicable Warranty period (for that particular
equipment). 2.3 If equipment is repaired beyond effective warranty dates or
if abnormal usage had occurred, Customer shall be charged applicable rates
and the Customer will be advised of the estimated charges prior to repair by
CHANNEL MASTER’s authorized service center. 2.4 The price of outof- warranty
repairs payable by the Customer will be based on standard labor and parts prices
in effect at the time of the repair. CHANNEL MASTER will use its best efforts
to ensure that the cost of such repair, exchange, refurbishing, or substitution
will not exceed the original price of Product. 2.5 If the problem reoccurs within
the warranty period, CHANNEL MASTER will, at its option: (a) re-perform the
service; (b) replace the product pursuant to the terms of this warranty, (c) permit
Customer to return the product and issue a refund pursuant to this warrant, or
(d) refund the amount the Customer paid for the services.
PRODUCT MODIFICATION:
3.1 CHANNEL MASTER reserves the right to make changes or improvements
to its products, during subsequent production, without incurring the obligation
to install such changes or improvements on previously manufactured or sold
products. FORCE MAJEURE: 4.1 CHANNEL MASTER will not be liable if its
performance under this warranty becomes commercially impracticable due
to any contingency beyond CHANNEL MASTER’s reasonable control, including
acts of God, fires, flood, wars, sabotage, civil unrest, accidents, labor disputes
or shortages, government laws, rules and regulations, whether valid or invalid,
inability to obtain material, discontinuation of third part data or services,
equipment or transportation, incorrect, delayed or incomplete specifications,
drawings or data supplied by Customer (collectively “Force Majeure”).
LIMITATIONS AND QUALIFICATIONS OF WARRANTY:
5.1 This Limited Warranty extends only to the original purchaser of the
Equipment and is in lieu of all other express or implied warranties, including those
of merchantability and fitness for a particular purpose. This Warranty does not
apply to any damage, defect of failure caused by: (a) any part of the equipment
having been modified, adapted, repaired, maintained, transported or relocated by
any person; (b) Storage or environmental characteristics which do not conform
to the applicable sections of the appropriate Equipment Manual or Instruction
Sheet; (c) Failure to conform with the Equipment Operating Instructions in the
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