COMMSCOPE SYSTIMAX iPatch System Active Hardware
Components 3-Year Product Warranty
CommScope Inc. of North Carolina (“CommScope”) proudly offers the following limited
SYSTIMAX iPatch System Active Hardware Components 3-Year Product Warranty. This warranty
applies exclusively to SYSTIMAX iPatch System active hardware components purchased
1
from
and installed by an authorized SYSTIMAX BusinessPartner
2
, used at the original site of
installation, and which forms part of an installation that is registered and receives a SYSTIMAX
20-Year Extended Product Warranty certificate, and is registered with CommScope in
accordance with CommScope’s then current registration documents and procedures (such
registered SYSTIMAX iPatch System active hardware components are hereinafter referred to as
“Registered SYSTIMAX Active Components”). CommScope offers to the customer of Registered
SYSTIMAX Active Components the following 3-Year Product Warranty.
WHAT IS COVERED? THE PRODUCT WARRANTY
The Product Warranty covers all Registered SYSTIMAX Active Components (i.e., Rack
Manager Plus, power supplies, and Patch Panel Tracing Interface Module). CommScope
warrants, provided a registration certificate is issued by CommScope to the customer,
and provided that proof of purchase from an authorized SYSTIMAX BusinessPartner can
be produced for the Registered SYSTIMAX Active Component, that each Registered
SYSTIMAX Active Component will be substantially free from defects in material or
workmanship under proper and normal use, and will materially conform to such
Registered SYSTIMAX Active Component’s specifications.
FOR HOW LONG?
For three (3) years from the date of installation or three (3) years from from the date of
initial synchronization with iPatch System Manager software (provided that the date of
initial synchronization is no later than six months from the date of purchase of the
Registered SYSTIMAX Active Component from the authorized SYSTIMAX BusinessPartner).
WHAT COMMSCOPE WILL DO
If this Product Warranty is breached with respect to any Registered SYSTIMAX Active
Component (each such breach, a “defect”), CommScope will (or will authorize a
SYSTIMAX BusinessPartner to), at its option, either (i) repair or replace the defective
Registered SYSTIMAX Active Component at CommScope’s cost or (ii) credit or refund the
purchase price of the defective Registered SYSTIMAX Active Component, in each case
provided: (1) the defect appears within the above described warranty period,
(2) customer notifies CommScope in writing of the claimed defect within thirty (30) days
after customer knows or reasonably should know of the claimed defect and
(3) CommScope’s (or SYSTIMAX BusinessPartner’s) examination of the Registered
SYSTIMAX Active Component discloses that the claimed defect actually exists.
CommScope will pay a SYSTIMAX BusinessPartner for the cost of labor to repair or
replace any such defective Registered SYSTIIMAX Active Component on behalf of
CommScope, provided, that such repair or replacement and associated labor costs
receive the prior written approval of CommScope.
Customer will follow CommScope’s instructions regarding return of defective Registered
SYSTIMAX Active Components, and no Registered SYSTIMAX Active Component will be
accepted for repair, replacement, credit or refund without the written authorization of
and in accordance with CommScope’s instructions. Replaced products shall become
CommScope’s property. If CommScope determines that the returned Registered
SYSTIMAX Active Components are not defective, customer will pay CommScope all costs
of handling, inspection, repairs and transportation at CommScope’s then prevailing rates.
If CommScope chooses to repair any defective Registered SYSTIMAX Active Component,
CommScope may use new or reconditioned replacement parts. If CommScope chooses
to replace any defective Registered SYSTIMAX Active Component, CommScope may
replace such products with new or reconditioned products of the same or similar design.
Any such repair or replacement will be warranted for either (a) 90 days or (b) the
remainder of the original three-year warranty period, whichever is longer.
WHO IS COVERED?
This warranty is for the sole benefit of the person or entity to whom CommScope’s
registration certificate is issued and any successor in interest to the site in which such
Registered SYSTIMAX Active Component was originally installed.
DISCLAIMER; LIMITATIONS; EXCLUSIVE REMEDIES
THIS IS THE ONLY WARRANTY FOR REGISTERED SYSTIMAX ACTIVE COMPONENTS AND IT
SETS FORTH ALL OF COMMSCOPE’ S RESPONSIBILITIES REGARDING REGISTERED
SYSTIMAX ACTIVE COMPONENTS. EXCEPT AS SPECIFICALLY SET FORTH HEREIN,
COMMSCOPE AND ITS AFFILIATES, SUPPLIERS, AND AUTHORIZED SYSTIMAX
BUSINESSPARTNERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY
DISCLAIM ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR OTHERWISE AND SPECIFICALLY EXCLUDES ALL WARRANTIES, CONDITIONS,
REPRESENTATIONS, STATEMENTS, TERMS, AND PROVISIONS, EXPRESS OR IMPLIED BY
STATUTE, COMMON LAW OR OTHERWISE, TO THE GREATEST EXTENT PERMITTED BY LAW.
COMMSCOPE WILL NOT PAY FOR LOSS OF TIME, INCONVENIENCE, LOSS OF USE OF THE
REGISTERED SYSTIMAX ACTIVE COMPONENTS, OR PROPERTY DAMAGE CAUSED BY THE
REGISTERED SYSTIMAX ACTIVE COMPONENTS OR ITS FAILURE TO WORK, AND IN NO
EVENT SHALL COMMSCOPE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING DAMAGES OR COSTS INCURRED AS
A RESULT OF LOSS OF TIME, LOSS OF SAVINGS, LOSS OF DATA, OR LOSS OF PROFITS.
THE REMEDIES STATED HEREIN SHALL CONSTITUTE YOUR SOLE AND EXCLUSIVE
REMEDIES PROVIDED FOR THE REGISTERED SYSTIMAX ACTIVE COMPONENTS.
WHAT THIS WARRANTY DOES NOT COVER
This warranty does not cover any defects in the design or improper installation of the
Registered SYSTIMAX Active Components, which results from failure to comply with
CommScope’s design guidelines and/or is caused by anything outside of the scope of
CommScope’s control. Except as explicitly provided otherwise in this warranty, CommScope
shall not be responsible hereunder for either the de-installation, removal and/or disposal of
defective Registered SYSTIMAX Active Components, or the installation of repaired or
replacement Registered SYSTIMAX Active Components. Furthermore, in no event shall
CommScope be responsible for the alteration, removal, replacement, repair, or relocation of
Registered SYSTIMAX Active Components not purchased from CommScope or a SYSTIMAX
BusinessPartner, nor any non- Registered SYSTIMAX Active Components. This warranty does
not cover defects resulting from (including without limitation) any of the following events or
causes: neglect, accidents, improper installation or storage, mishandling, misuse or abuse,
use with a power adapter other than the power adapter provided with the Registered
SYSTIMAX Active Component, damage while in transit, unauthorized alteration, unauthorized
repair, failure to follow instructions, fire, flood, acts of God, explosion, war or the
engagement of hostilities, strike, embargo, labor dispute, government requirement,
counterfeit, civil disturbances, acts of civil or military authority, acts of terrorism, or events
outside CommScope’s control. This warranty shall be automatically terminated and null and
void if any Registered SYSTIMAX Active Component is repaired or disassembled by anyone
other than CommScope or any SYSTIMAX BusinessPartner.
This warranty gives you specific legal rights. To the fullest extent, this warranty shall be
governed by the laws of the state of North Carolina, United States, without regard to the
conflict of law rules thereof. The Parties hereto acknowledge that in order to receive the
warranty, to the extent required by CommScope, any dispute must be governed by the
laws of the state of North Carolina and the parties unconditionally submit to the
jurisdiction of the North Carolina state and federal courts. If any portion of this warranty
is not enforceable, due to local legal requirements, then such specific language shall be
modified to meet local legal requirements consistent with CommScope’s intent.
1 The 3-Year Product Warranty applies only in respect of SYSTIMAX iPatch System
active hardware components ordered from CommScope on or after 1 February 2008.
For all SYSTIMAX iPatch System active hardware components ordered from
CommScope before 1 February 2008, a 1 Year Product Warranty will apply.
2 Authorized SYSTIMAX ‘BusinessPartners’ are part of the approved SYSTIMAX supply
channel and have been certified to SYSTIMAX design and installation requirements.
In order for Products to be registered, the Products must be installed by Authorized
BusinessPartner’s personnel who have successfully completed the
Engineering/Design Training Module [SP3321] and the Installation/Maintenance
Training Module [ND3341] and the SYSTIMAX SCS iPatch Design & Engineering
Training Module [SP5500]. Contact CommScope for a complete list.
© 2008 CommScope, Inc. All rights reserved. All trademarks identified by ® or ™
are registered trademarks or trademarks, respectively, of CommScope.
http://sx.commscope.com
