10
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.
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