Tyco Electronics M/A-COM MM23016 - Manual (Page 101)

MM23016, Rev. C
101
16 WARRANTY
A. M/A-COM, Inc. (hereinafter "Seller") warrants to the original purchaser for use (hereinafter "Buyer") that Equipment manufactured
by or for the Seller shall be free from defects in material and workmanship, and shall conform to its published specifications. With
respect to all non-M/A-COM Equipment, Seller gives no warranty, and only the warranty, if any, given by the manufacturer shall
apply. Rechargeable batteries are excluded from this warranty but are warranted under a separate Rechargeable Battery
Warranty (ECR-7048).
B. Seller’s obligations set forth in Paragraph C below shall apply only to failures to meet the above warranties occurring within the
following periods of time from date of sale to the Buyer and are conditioned on Buyer’s giving written notice to Seller within thirty
(30) days of such occurrence:
1. for fuses and non-rechargeable batteries, operable on arrival only.
2. for parts and accessories (except as noted in B.1) sold by Seller’s Service Parts Operation, ninety (90) days.
3. for P7200, P7100 IP , P5400, P5300, P5200, P5100, P3300, P ANTHER
™ 405P and 605P, M7300, M7200 (including V-TAC),
M7100 IP , M5300 and M3300 radios, two (2) years, effective 10/01/2007.
4. for all other equipment of Seller’s manufacture, one (1) year.
C. If any Equipment fails to meet the foregoing warranties, Seller shall correct the failure at its option (i) by repairing any defective or
damaged part or parts thereof, (ii) by making available at Seller’s factory any necessary repaired or replacement parts, or (iii) by
replacing the failed Equipment with equivalent new or refurbished Equipment. Any repaired or replacement part furnished
hereunder shall be warranted for the remainder of the warranty period of the Equipment in which it is installed. Where such
failure cannot be corrected by Seller’s reasonable efforts, the parties will negotiate an equitable adjustment in price. Labor to
perform warranty service will be provided at no charge during the warranty period only for the Equipment covered under
Paragraph B.3 and B.4. To be eligible for no-charge labor, service must be performed at a M/A-COM factory, by an Authorized
Service Center (ASC) or other Servicer approved for these purposes either at its place of business during normal business hours,
for mobile or personal equipment, or at the Buyer’s location, for fixed location equipment. Service on fixed location equipment
more than thirty (30) miles from the Service Center or other approved Servicer’s place of business will include a charge for
transportation.
D. Seller’s obligations under Paragraph C shall not apply to any Equipment, or part thereof, which (i) has been modified or otherwise
altered other than pursuant to Seller’s written instructions or written approval or, (ii) is normally consumed in operation or, (iii) has
a normal life inherently shorter than the warranty periods specified in Paragraph B, or (iv) is not properly stored, installed, used,
maintained or repaired, or, (v) has been subjected to any other kind of misuse or detrimental exposure, or has been involved in
an accident.
E. The preceding paragraphs set forth the exclusive remedies for claims based upon defects in or nonconformity of the Equipment,
whether the claim is in contract, warranty, tort (including negligence), strict liability or otherwise, and however instituted. Upon the
expiration of the warranty period, all such liability shall terminate. The foregoing warranties are exclusive and in lieu of all other
warranties, whether oral, written, expressed, implied or statutory. NO IMPLIED OR STATUTORY WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE SHALL APPLY. IN NO EVENT SHALL THE SELLER BE
LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR EXEMPLARY DAMAGES.
This warranty applies only within the United States.
M/A-COM, Inc. M/A-COM, Inc.
1011 Pawtucket Blvd. 221 Jefferson Ridge Parkway
Lowell, MA 01853 Lynchburg, VA 24501
1-877-OPENSKY 1-800-528-7711
ECR-7047F