Preface, Limited warranty, Limitation of liability – Symmetricom XL-GPS User Manual

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997-01530-01, Rev. C-25, Jan 2008

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Preface

Limited Warranty

Each new product manufactured by Symmetricom is warranted for defects in material or workmanship
for a period of one year from date of shipment (“Limited Warranty”). Defects in material or workmanship
found within that period will be replaced or repaired, at Symmetricom’s option, without charge for
material or labor, provided the customer returns the equipment, freight prepaid, to the Symmetricom
factory under this limited warranty. Symmetricom will return the repaired equipment, freight prepaid, to
the customer’s facility. This one year Limited Warranty does not apply to any software or to any product
not manufactured by Symmetricom.

If on-site warranty repair or replacement is required, the customer will be charged the then current field
service rate for portal-to-portal travel time plus actual portal-to-portal travel charges. There is no charge
for on-site warranty repair labor.

Products not manufactured by Symmetricom, but included as integral part of a system (e.g., peripherals,
options), are warranted for 90 days, or longer as provided by the original equipment manufacturer, from
date of shipment.

Aside from the Limited Warranty set forth above, Symmetricom makes no other warranties, express or
implied, of merchantability, fitness for purpose or of any other kind or description whatsoever.

By purchasing any product manufactured by Symmetricom, the buyer consents to and agrees with
Symmetricom that as a result of the exclusion of all warranties, expressed or implied, of merchantability,
fitness for purpose, or otherwise, except for the limited one-year warranty for defects in material and
workmanship for products manufactured by Symmetricom, that the Buyer has the sole responsibility to
assess and bear all losses relating to (1) the ability of the product or products purchased to pass without
objection under the contract description among merchants and buyers in the trade; (2) the conformity of
the product or products to fair average quality within its contract description; (3) the fitness of the product
for the ordinary purposes for which such product is used; (4) the consistency of quality and quantity
within each unit of product or products and among all units involved; (5) the adequacy of containers,
packaging and labeling of the product or products; (6) the conformity of the product, promises or
affirmations of fact (if any) made on its label or container; and (7) the conformity of the product to
standards of quality observed by other merchants in the trade with respect to products of similar
description.

Limitation of Liability

By purchasing any product from Symmetricom, the Buyer consents to and agrees that the Buyer’s sole
and exclusive remedy for any damages or losses incurred by the Buyer as a result of Symmetricom’s
breach of its one-year Limited Warranty for defects in materials and workmanship or otherwise in
connection with any claim respecting the product shall be limited to the repair or replacement of the
product or a refund of the sales price of the product. In no event shall the Buyer be entitled to recover
consequential damages or any other damages of any kind or description whatsoever.

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