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Chapter 11 Maintenance and Troubleshooting
General information on warranty
132 User Manual 7SMART102 Rev002
earlier of (1) completion of installation, or (2) thirty (30) days after ship-
ment to customer. If Installation Services have not been ordered, the
warranty period shall begin upon shipment to Customer. Hereafter these
periods of time shall be collectively referred to as the Initial Warranty
Period.
Viavi ’s obligation and customer’s sole remedy under this Hardware
Warranty is limited to the repair or replacement, at Acterna’s option, of
the defective product. Viavi shall have no obligation to remedy any such
defect if it can be shown: (a) that the Product was altered, repaired, or
reworked by any party other than Viavi without Viavi’s written consent;
(b) that such defects were the result of customer’s improper storage,
mishandling, abuse, or misuse of Product; (c) that such defects were the
result of customer’s use of Product in conjunction with equipment elec-
tronically or mechanically incompatible or of an inferior quality; or (d) that
the defect was the result of damage by fire, explosion, power failure, or
any act of nature.
Viavi performed repairs shall be warranted from defective material and
workmanship for a period of ninety (90) days, or until the end of the Initial
Warranty Period, whichever is longer. Risk of loss or damage to Product
returned to Viavi for repair or replacement shall be borne by customer
until delivery to Viavi.
Upon delivery of such product, Viavi shall assume the risk of loss or
damage until that time that the product being repaired or replaced is
returned and delivered to customer. Customer shall pay all transportation
costs for equipment or software shipped to Viavi for repair or replace-
ment. Viavi shall pay all transportation costs associated with returning
repaired or replaced product to customer.
Warranty
disclaimer
For hardware and/or services furnished by Viavi, the foregoing warran-
ties are in lieu of all other warrantees and conditions, express or implied.
Viavi specifically disclaims all other warranties, either express or implied,
on any hardware, documentation or services including but not limited to
warranties relating to quality, performance, noninfringement, merchant-
ability or fitness for a particular purpose, as well as those arising from any
course of dealing, usage or trade practice. under no circumstances will
Viavi be liable for any indirect or consequential damages related to
breach of this warranty.