Revision F • 3/12
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1 Product Overview
Customer’s abuse, mishandling, misuse,
negligence, improper storage, servicing or
operation, or unauthorized attempts to repair or
alter the Equipment in any way. Customer must
provide qualified technical personnel to maintain
and repair the Equipment.
2.
Equipment built to Customer’s specifications
that are later found not to meet Customer’s needs
or expectations.
3.
The performance of the Equipment when
used in combination with equipment not
purchased, specified, or approved by Harris.
4.
Signal coverage delivered by antenna
equipment whether or not supplied by Harris.
5.
Batteries and other consumable goods.
Additional Warranty Notes
1
. OEM or Third Party equipment that is
incorporated into Harris Equipment is covered
under the applicable Harris Standard Equipment
Warranty unless the OEM or Third Party equipment
carries its own limited warranty, in which event
the OEM or Third Party warranty will apply to such
equipment incorporated into Harris Equipment.
For example and not limitation, CRTs, LCDs, FSMs
and Optical Test products are OEM products that
have a limited 1 year manufacturer’s warranty.
2.
Items Sold As Resale. Items sold as resale
are such items that are not manufactured by
Harris but may be utilized in conjunction with or
independently of Harris manufactured Equipment
(such as tubes, printers and antenna transmission
lines) and shall be covered only by the specific
warranty terms of the supplier or original
equipment manufacturer of those items. IF AN
ORDER COVERS EQUIPMENT NOT OWNED BY
HARRIS, IT IS SOLD SUBJECT TO HARRIS’
ACQUISITION OF POSSESSION.
3.
B-Stock Equipment. B-Stock Equipment for
non-transmitter related Equipment is defined as
any non-out-of-production product that is less
than three (3) years old. B-Stock Equipment
related to transmitters is defined as equipment
repurchased by Harris that is reconditioned or
refurbished for sale to a second generation owner
by Harris or its reseller.
4.
Used Equipment. IF THE EQUIPMENT
SPECIFIED IN AN ORDER IS DESCRIBED AS
USED, UNLESS OTHERWISE AGREED IN WRITING
BY THE PARTIES, IT IS SOLD “AS IS” AND WITH
NO WARRANTY.
Services Warranty
Harris warrants that the Services will be
performed in a professional manner (the “Services
Warranty”). Notice of a breach of the Services
Warranty must (i) specify in reasonable detail,
the nature of the claim, and (ii) be received within
ninety (90) days from the last day of performance
of the Services. Upon notice of a breach of the
Services Warranty and Harris’ determination of
the validity of such breach of the Services
Warranty, Harris will re-perform the applicable
Services at Harris’ expense. If after reasonable
opportunity Harris is unable to re-perform such
Services to the reasonable satisfaction of
Customer, Customer may, as its exclusive remedy,
obtain a refund of the fees paid to Harris under
the applicable Order for such Services.
Software Warranty
1.
Physical Media. Harris warrants all physical
media (“software media”) for the Licensed
Programs, including without limit custom software
and traffic translators, to be free of defects in
material or workmanship for a period of ninety
(90) days from the date of completed installation,
or if Customer should assume responsibility for
installation of the Software, for a period of ninety
(90) days from the date of shipment of the
Licensed Programs by Harris (the “Software
Warranty Period”). This limited warranty extends
only to Customer as the original licensee.
Customer’s sole and exclusive remedy under this
limited warranty will be, at Harris’ option, repair
or replacement of the software media.
2.
Licensed Programs. Harris warrants that
during the Software Warranty Period (or such
other time period as agreed in writing by the
parties) the Licensed Programs shall operate
substantially in compliance with Harris’
specifications for the Licensed Programs (the
“Software Warranty”). The entire liability of Harris
under this limited warranty is to provide, free of
charge, a corrected copy of any portion of the
Licensed Programs which is found by Harris
inspection not to be in substantial compliance with
its specifications. If Harris is unable to provide a
corrected copy of the Licensed Programs within
a reasonable time, as Customer’s sole and
exclusive remedy, Harris will replace the same
with a functionally similar program or refund to
Customer the amounts Customer paid Harris to
purchase or license such Licensed Programs.
Harris does not warrant that such Programs are
error free or that Customer will be able to operate
such Programs without problems or interruptions.
Corrections to the Licensed Programs beyond the
Software Warranty Period will only be made by
Harris pursuant to a separate software
maintenance agreement.
3.
Cost of Corrections. During the Software
Warranty Period, Harris will bear the material cost
and shipment of corrected or replacement
Software at no charge to Customer. Software
corrections will be sent via e-mail. In the rare
event Customer requires a Harris customer
support engineer to visit the site, related
reasonable pre-approved on-site time and travel
expenses will be billed at the prevailing daily rates,
unless otherwise agreed to in writing prior to the
visit. A ONE-DAY MINIMUM CHARGE APPLIES
TO ALL ON-SITE VISITS.
4.
Software Warranty Exclusions. The Software
Warranty does not apply to any software media
