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Model 13352, 13362, and 13372 Addressable Amplified Speaker Assemblies
Pub.: 43004-030A
d:\radio products-draft\gtc 43004\43004-030a\43004-030a.doc
06/05
Computer Software Copyrights
This product contains copyrighted computer programs stored in semiconductor memory. These programs
are copyrighted by GAI-Tronics Corporation and may not be reproduced in any form without express
written permission from GAI-Tronics.
Warranty
GAI-Tronics warrants for a period of one (1) year from the date of shipment, that any GAI-Tronics equipment
supplied hereunder shall be free of defects in material and workmanship, shall comply with the then-current product
specifications and product literature, and if applicable, shall be fit for the purpose specified in the agreed-upon
quotation or proposal document. If (a) Seller’s goods prove to be defective in workmanship and/or material under
normal and proper usage, or unfit for the purpose specified and agreed upon, and (b) Buyer’s claim is made within
the warranty period set forth above, Buyer may return such goods to GAI-Tronics’ nearest depot repair facility,
freight prepaid, at which time they will be repaired or replaced, at Seller’s option, without charge to Buyer. Repair
or replacement shall be Buyer’s sole and exclusive remedy, and the warranty period on any repaired or replacement
equipment shall be one (1) year from the date the original equipment was shipped. In no event shall GAI-Tronics’
warranty obligations with respect to equipment exceed 100% of the total cost of the equipment supplied hereunder.
The applicability of any such third-party warranty will be determined solely by GAI-Tronics.
Services.
Any services GAI-Tronics provides hereunder, whether directly or through subcontractors, shall be
performed in accordance with the standard of care with which such services are normally provided in the industry.
If the services fail to meet the applicable industry standard, GAI-Tronics will, for a period of one (1) year from the
date of completion, re-perform such services at no cost to the Buyer. Re-performance of services shall be Buyer’s
sole and exclusive remedy, and in no event shall GAI-Tronics’ warranty obligations with respect to services exceed
100% of the total cost of services provided hereunder.
Limitations/Exclusions.
The warranty on any equipment supplied hereunder is subject to Customer’s use in
compliance with applicable FCC regulations and manufacturer specifications. The warranties herein shall not apply
to, and GAI-Tronics shall not be responsible for, any damage to the goods or failure of the services supplied
hereunder, to the extent caused by accident, misuse, abuse, neglect, system design, product modification, failure to
follow instructions contained in the product manual, repair, or attempted repair by anyone not authorized by GAI-
Tronics, improper installation, installation of parts that do not conform to the quality or specifications of the original
parts or accessories, damage or loss occurred during shipment, or any unit which is not new when sold or upon
which the serial number has been defaced, modified or removed. The warranty does not extend to damage incurred
by natural causes including Force Majeure. The warranty does not cover microprocessors if failure is due to static
damage or application of improper voltage.
THE WARRANTIES AND REMEDIES CONTAINED HEREIN ARE
IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES AND REMEDIES, WHETHER EXPRESS OR
IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING ANY WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Operational and Maintenance Procedures
.
Buyer acknowledges that any improper use, maintenance, or
modification of the equipment provided hereunder, or use of unqualified maintenance or service technicians will
severely impair the operational effectiveness of the entire communication system. Buyer hereby agrees to
indemnify, defend and hold GAI-Tronics harmless from and against any and all third party claims arising, in any
manner, out of: (a) Buyer’s neglect of the equipment; (b) Buyer’s use of technicians not authorized by GAI-Tronics
to service the equipment; or (c) Buyer’s improper use or modification of the equipment or failure to follow the
operational and maintenance procedures provided with the equipment.
Limitation of Liability/Damages
.
In no event (even should circumstances cause the exclusive warranties and
remedies set forth in the Warranty section to fail of their essential purpose) shall either party be liable for any
indirect, incidental, special or consequential damages (including, but not limited to, loss of use, loss of anticipated
profits, or damages arising from delay) whether such claims are alleged to have arisen out of breach of warranty,
breach of contract, strict or absolute liability in tort, or other act, error or omission, or from any other cause
whatsoever, or any combination of the foregoing.
