Motorola M-Series - Manual (Page 27)

MOTOROLA CANADA LIMITED WARRANTY
I. WHAT THIS WARRANTY COVERS AND FOR HOW LONG:
Motorola Canada Limited (“MOTOROLA”) warrants its MOTOROLA manufactured Communication Products
(“Product”) against defects in material and workmanship under normal use and service for a period of ONE
YEAR from the date of purchase. All accessories are also warranted for a period of ONE YEAR from the date of
purchase.
Rechargeable Batteries will be replaced during the applicable warranty period if:
a) the battery capacity falls below 80% of rated capacity, or
b) the battery develops leakage.
MOTOROLA, at its option, will at no charge either repair or replace the Product during the warranty period pro-
vided it is returned in accordance with the terms of this warranty to the place of purchase. Repair, at
MOTOROLA’s option, may include the replacement of parts or boards with functionally equivalent recondi-
tioned or new parts or boards. Replaced parts or boards are warranted for the balance of the original applicable
warranty period. All replaced parts of Product shall become the property of MOTOROLA.
This express limited warranty is extended by MOTOROLA to the original end user purchaser or lessee only and
is not assignable or transferable to any other party. This is the complete warranty for the Product. MOTOROLA
assumes no obligations or liability for additions of modifications to this warranty unless made in writing and
signed by an officer of MOTOROLA. Unless made in a separate agreement between MOTOROLA and the orig-
inal end user purchaser, MOTOROLA does not warrant the licensing, installation, maintenance or service of the
Product.
MOTOROLA cannot be responsible in any way for any ancillary equipment not furnished by MOTOROLA which
is attached to or used in connection with MOTOROLA’s Products, or for operation of the Product with any ancil-
lary equipment and all such equipment is expressly excluded from this warranty. Because each Product system
is unique, MOTOROLA disclaims liability for range, coverage, or operation of the system as a whole under this
warranty.
II. WHAT THIS WARRANTY DOES NOT COVER:
a) Defects or damage resulting from use of the Product in other than its normal and custom-
ary manner.
b) Defects or damage from misuse, accident, or neglect.
c) Defects or damage from improper testing, operation, maintenance, installation, alteration, modifi-
cation, or adjustment.
d) Breakage or damage to antennas unless caused directly by defects in material workmanship.
e) Product disassembled or repaired in such a manner as to adversely affect performance or prevent
adequate inspection and testing to verify any warranty claim.
f) Product which has had the serial number removed or made illegible.
g) Rechargeable batteries if:
i) any of the seals on the battery enclosure of cells are broken or show evidence of tam-
pering.
ii) the damage or defect is caused by charging or using the battery in equipment or service
other than the Product for which it is specified.
h) Freight costs to the repair depot.
III. HOW TO GET WARRANTY SERVICE:
To receive warranty service, deliver or sent the Product, transportation and insurance prepaid, to the place of
purchase along with your proof of purchase or lessee and transceiver serial number.
CANADA
ONE YEAR LIMITED WARRANTY
51 50 , and Motorola are registered trademarks of Motorola, Inc.
IV. GENERAL PROVISIONS:
This warranty sets forth the full extent of MOTOROLA’s responsibilities regarding the Product. Repair, replace-
ment, or refund of the purchase price, at MOTOROLA’s option, is the exclusive remedy. TO THE EXTENT
PERMITTED BY LAW, THIS WARRANTY IS GIVEN IN LIEU OF ALL OTHER EXPRESS WARRANTIES.
IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABIL-
ITY AND FITNESS FOR A PARTICULAR PURPOSE AND IS LIMITED TO THE DURATION OF THIS LIMITED
WARRANTY. IN NO EVENT SHALL MOTOROLA BE LIABLE IN EXCESS OF THE PURCHASE PRICE OF
THE PRODUCT, FOR LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, LOST PROFITS OR SAV-
INGS OR OTHER INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE
OR INABILITY TO USE SUCH A PRODUCT, TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW.
V. PATENT AND SOFTWARE PROVISIONS:
MOTOROLA will defend at its own expense any suit brought against the end user purchaser to the extent that
it is based on a claim that the Product or parts infringes a United States or Canadian patent, and MOTOROLA
will pay those costs and damages finally awarded against the end user purchaser in any such suit which are
attributable to any such claim, but such defense and payments are conditioned on the following:
a) that MOTOROLA will be notified promptly in writing by such purchaser of any notice of
such claim.
b) that MOTOROLA will have sole control of the defense of such suit and all negotiations for its set-
tlement or compromise.
c) should the Product or parts become, or in MOTOROLA’s opinion be likely to become, the subject
of a claim of infringement of a United States or Canadian patent, that such purchaser will permit
MOTOROLA, at its option and expense, either to procure for such purchaser the right to continue
using the Product or parts or to replace or modify the same so that it becomes non-infringing or
to grant such purchaser a credit for the Product or parts as depreciated and accept its return. The
depreciation will be an equal amount per year over the lifetime of the Product or parts as estab-
lished by MOTOROLA.
MOTOROLA will have no liability with respect to any claim of patent infringement which is based upon the
combination of the Product or parts furnished hereunder with software, apparatus or equipment or software not
furnished by MOTOROLA which is attached to or used in connection with the Product. The foregoing states
the entire liability of MOTOROLA with respect to infringement of patents by the Product or any parts thereof.
Laws in Canada, the United States, and other countries preserve for MOTOROLA certain exclusive rights for
copyrighted MOTOROLA software such as the exclusive rights to reproduce in copies and distribute copies of
such MOTOROLA software. MOTOROLA software may be copied into, used in and redistributed with only the
Product associated with such MOTOROLA software. No other use, including without limitation disassembly, of
such MOTOROLA software or exercise of exclusive rights in such MOTOROLA software is permitted. No
license is granted by implication, estoppel or otherwise under the patent rights of MOTOROLA or third-party.
VI. PROVINCIAL LAW RIGHTS:
SOME PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSE-
QUENTIAL DAMAGES, OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE
LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.
This warranty gives specific legal rights, and there may be other rights which may vary from province to prov-
ince.