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24
WARRANTY
A. Com-Net Ericsson Critical Radio Systems, Inc. (hereinafter "Seller") warrants to the original
purchaser for use (hereinafter "Buyer") that Equipment manufactured by Seller shall be free from
defects in material, workmanship and title, and shall conform to its published specifications. With
respect to any Equipment not manufactured by Seller (except for integral parts of Seller’s Equipment
to which the warranties set forth above shall apply). Seller gives no warranty, and only the warranty,
if any, given by the manufacturer shall apply. Batteries are excluded from this warranty but are
warranted under a separate Nickel-Cadmium Battery Warranty.
B. Seller’s obligations set forth in Paragraph C below shall apply only to failures to meet the above
warranties (except as to title) occurring within the following periods of time from date of sale to the
Buyer and are conditioned on Buyer’s giving written notice to Seller within thirty (30) days of such
occurrence:
1. for fuses, incandescent lamps, vacuum tubes and non-rechargeable batteries, operable on arrival
only.
2. for parts and accessories (except as noted in B.1) sold by Seller’s Service Parts Operation, ninety
(90) days.
3. for all other Equipment of Seller’s manufacture, one (1) year.
C. If any Equipment fails to meet the foregoing warranties, Seller shall correct the failure at its option
(i) by repairing any defective or damaged part or parts thereof, or (ii) by making available at Seller’s
factory any necessary repaired or replacement parts. Any repaired or replacement part furnished
hereunder shall be warranted for the remainder of the warranty period of the Equipment in which it is
installed. Where such failure cannot be corrected by Seller’s reasonable efforts, the parties will
negotiate an equitable adjustment in price. Labor to perform warranty service will be provided at no
charge during the warranty period only for the Equipment covered under Paragraph B.3. To be
eligible for no-charge labor, service must be performed by an Authorized Service Center (ASC) or
other Servicer approved for these purposes either at its place of business during normal business
hours, for mobile or personal equipment, or at the Buyer’s location, for fixed location equipment.
Service on fixed location equipment more than thirty (30) miles from the Service Center or other
approved Servicer’s place of business will include a charge for transportation.
D. Seller’s obligations under Paragraph C shall not apply to any Equipment, or part thereof, which (i)
has been modified or otherwise altered other than pursuant to Seller’s written instructions or written
approval or, (ii) is normally consumed in operation or, (iii) has a normal life inherently shorter than
the warranty periods specified in Paragraph B, or (iv) is not properly stored, installed, used,
maintained or repaired, or, (v) has been subjected to any other kind of misuse or detrimental
exposure, or has been involved in an accident.
E. The preceding paragraphs set forth the exclusive remedies for claims (except as to title) based
upon defects in or nonconformity of the Equipment, whether the claim is in contract, warranty, tort
(including negligence), strict liability or otherwise, and however instituted. Upon the expiration of the
warranty period, all such liability shall terminate. The foregoing warranties are exclusive and in lieu
of all other warranties, whether oral, written, expressed, implied or statutory. NO IMPLIED OR
STATUTORY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR
PURPOSE SHALL APPLY. IN NO EVENT SHALL THE SELLER BE LIABLE FOR ANY
INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR EXEMPLARY DAMAGES.
This warranty applies only within the United States.
Содержание EDACS 300P
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