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1616-920-03
8/28/2014
Rev: B
6
1.6
WARRANTY
1.6.1 Limited Product Warranty.
During the Warranty Period (as defined below), Product hardware and media are warranted (a) to
conform to Seller's published specifications therefor in effect as of the date of shipment and (b) to be
free from defects in material and workmanship. During the Warranty Period, software and firmware
Products are warranted to conform to Seller's published specifications therefor in effect as of the
date of shipment. The Warranty Period is twelve (12) months for Product hardware and twelve (12)
months for Product software and firmware. Product support beyond these periods is available at
additional cost under the terms of Seller's Extended Warranty programs. The Warranty Period for a
Product shall commence upon shipment of the Product Warranty Claims.
Warranty claims are made by Buyer contacting the Seller's Customer Service Center ("CSC"). Seller's
warranty includes one (1) year Monday through Friday 8 AM to 5 PM access to the CSC, excluding
holidays, for the purpose of facilitating warranty claims. Seller shall incur no liability under this
warranty if Buyer fails to provide Seller with notice of the alleged defect during the applicable
Warranty Period. After receiving such notice, the CSC will notify Buyer of its designation of one of the
following problem resolution methods:
1.6.1.1
Hardware: If CSC designates Seller's Return to Factory Program as the appropriate problem
resolution method, the following provisions shall apply:
a. The allegedly defective hardware, at Field Line Replaceable Unit ("FLRU") level,
must be returned by Buyer to Seller in accordance with Seller's Return to Factory
repair procedures
b. Buyer agrees to pay Seller's NTF (no trouble found) charge for FRUs returned
under warranty that are found not to be defective.
c. During the twelve (12) months of the Warranty Period, Seller may, at its sole
option, provide an advance replacement of a defective FRU. If Seller provides
advance replacement Buyer must return the defective Product to Seller within
twenty (20) days of receipt of the replacement Product. If Buyer does not return the
defective Product to Seller within this twenty‐day period, Seller will invoice Buyer
for the replacement Product at the then list price .Buyer shall pay the invoiced
amount in U.S. dollars, by cash, check or wire transfer to Seller's account, within
thirty (30) days of the date of such invoice.
d. The Warranty Period for the replaced Product shall be the remainder of the
Warranty Period of the original unit.
e. When product is in warranty the Buyer is solely responsible for all freight charges,
taxes and duties associated with shipping the hardware or software Products to
Seller for repair or replacement to:
* If Sky Connect branded equipment ship to EMS Aviation, Inc. Repair
Center, 40070 Cane Street, Suite 600, Slidell, LA 70461
* If Formation or EMS Aviation branded equipment ship to EMS Aviation,
Inc., Quality Assurance Department, Inc., 121 Whittendale Drive,
Moorestown, NJ 08057
During warranty, Seller will ship the repaired, replaced or otherwise returned Product to
customer's premises and Seller is responsible for the standard return freight and the Buyer