34
Limited Warranty and Liability
ZTE Corporation warrants for the 12 month period immediately following receipt of the Device by Purchaser that
the Device will be free from defects in material and workmanship under normal use. THESE WARRANTIES
ARE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
The exclusive remedy for a claim under this warranty shall be limited to the repair or replacement, at
ZTE
Corporation' option, of defective or non-conforming materials, parts or components. The foregoing warranties do not extend
to (I) non conformities, defects or errors in the Devices due to accident, abuse, misuse or negligent use of the Devices
or use in other than a normal and customary manner, environmental conditions not conforming to
ZTE Corporation' specification, of failure to follow prescribed installation, operating and
maintenance procedures, (II) defects, errors or nonconformity's in the Device due to modifications, alterations, additions
or changes not made in accordance with ZTE Corporation' specifications or authorized by ZTE
Corporation, (III) normal wear and tear, (IV) damage caused by force of nature or act of any third person, (V) shipping
damage, (VI) service or repair of Device by the purchaser without prior written consent from ZTE
Corporation, (VII) devices designated by ZTE Corporation as beta site test samples,
experimental, developmental, reproduction, sample, incomplete or out of specification Products, or (VIII) returned
products if the original identification marks have been removed or altered.