98
WARRANTY
A. M/A-COM Private Radio Systems, Inc. (hereinafter "Seller") warrants to the original purchaser for
use (hereinafter "Buyer") that Equipment manufactured by or for the 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 or for the 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 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 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 P
ANTHER
Series handportable and mobile radios, two (2) years.
4.
for Cougar
Series handportable and mobile radios, two (2) years.
5. 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, (ii) by making available at Seller’s
factory any necessary repaired or replacement parts, or (iii) by replacing the failed Equipment with
equivalent new or refurbished Equipment. 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.
M/A-COM
3315 Old Forest Road
Lynchburg, VA 24501
1-800-528-7711
AE/LZT 123 3248/1 R5A
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