16
WARRANTY
LIMITED WARRANTY STATEMENT
Telecast Fiber Systems, Inc. (“Telecast”) expressly warrants to Buyer that the Products supplied
shall be free from defects in materials and workmanship for a period of 12 months following the date
the Products are delivered to Buyer (the “Warranty Period”). Telecast's liability under this limited
warranty shall be limited, at its option, to providing refund of purchase price for Products, or
replacing or repairing Products shown to be defective either in materials or workmanship. Buyer's
sole and exclusive remedy for breach of warranty shall be such refund, replacement or repair.
A claim of defect in materials or workmanship in any Product shall be allowed only when it is
submitted in writing to Telecast Fiber Systems, Inc. within seven days after discovery of the defect,
and in any event within the Warranty Period. No claim shall be allowed in respect of any Product
which has been altered, neglected, damaged or stored in any manner which adversely affects it. In
order to obtain service under the terms of this warranty, Distributor’s customer or Distributor must
notify Telecast of the defect prior to the expiration of the applicable warranty period and obtain a
Return Authorization Number from Telecast. In no event may products be returned to Telecast or to
Distributor for warranty service without having obtained from Telecast a Return Authorization
Number.
This limited warranty applies only to new and unused Products delivered to Buyers located within
the United States of America, or to international Buyers if sold through an authorized Distributor
organization, and shall not extend to any equipment not manufactured by Telecast Fiber Systems,
Inc., even though such equipment may be sold or operated with the Products. In addition, this
limited warranty shall be void and of no further force or effect whatsoever if the Product is repaired
or modified by any person other than an authorized representative of Telecast Fiber Systems, Inc.
without the consent of Telecast Fiber Systems, Inc. This warranty shall not apply to any defect,
failure or damage caused by improper use or inadequate maintenance and care. Nor shall this
warranty apply to any damage caused in whole or in part by attempts by personnel other than
Telecast’s personnel, as approved in advance in accordance with the foregoing provisions, to open,
install, repair, or service the Product; nor to damage resulting from improper connection with
incompatible equipment; nor to damage to a unit which has been modified by personnel other than
Telecast personnel.
Products returned to Telecast for warranty service shall be shipped, freight prepaid to Telecast.
Telecast will return the repaired product or ship a replacement, freight prepaid, to either Distributor
or Distributor’s customer, as requested by Distributor’s customer, at a location within the United
States or, at Telecast’s option, to Distributor’s location in the case of international sales.
This limited warranty shall also apply to Products that replace defective Products and Products that
have been repaired by authorized representatives of Telecast Fiber Systems, Inc., but only for the
original Warranty Period. The Warranty Period shall not be extended by reason of defect, or any
period of time during which the Product is not available to Buyer because of defects or repairs,
without the express written consent of Telecast Fiber Systems, Inc.
EXCEPT FOR THE EXPRESS LIMITED WARRANTY AGAINST DEFECTS IN MATERIALS AND
WORKMANSHIP CONTAINED HEREIN, TELECAST FIBER SYSTEMS, INC. MAKES NO WARRANTY OF
ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AND ALL WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND OTHER WARRANTIES OF WHATEVER KIND ARE
HEREBY DISCLAIMED BY TELECAST FIBER SYSTEMS, INC. THIS LIMITED WARRANTY SETS FORTH
EXCLUSIVELY ALL OF TELECAST FIBER SYSTEMS, INC.'S LIABILITY IN CONTRACT OR OTHERWISE
IN THE EVENT OF A DEFECTIVE PRODUCT.
WITHOUT LIMITATION ON THE FOREGOING, TELECAST FIBER SYSTEMS, INC. EXPRESSLY
DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY DAMAGES INCURRED DIRECTLY OR
INDIRECTLY IN CONNECTION WITH THE SALE OR USE OF, OR OTHERWISE IN CONNECTION WITH,
THE PRODUCT, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS AND SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE,
REGARDLESS WHETHER TELECAST HAS BEEN GIVEN ADVANCE NOTICE OF THE POSSIBILITY
THEREOF.
THIS WARRANTY IS GIVEN BY TELECAST IN LIEU OF ANY OTHER WARRANTY EXPRESSED OR
IMPLIED.
