11 product warranty – GE Industrial Solutions CPS3200U User Manual

Page 44

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CPS3200U Upstream System – 23” Product Manual

CPS3200U

CC848779826 r09 December 2013

44

11 Product Warranty

A. Seller warrants to Customer only, that:

1 As of the date title to Products passes, Seller will have the right to sell, transfer, and assign such Products

and the title conveyed by Seller shall be good;

2 During the warranty period stated in Sub-Article B below, Seller’s Manufactured Products (products

manufactured by Seller), which have been paid for by Customer, will conform to industry standards and

Seller’s specifications and shall be free from material defects;

3 With respect to Vendor items (items not manufactured by Seller), Seller warrants that such Vendor items,

which have been paid for by Customer, will be free from material defects for a period of sixty (60) days

commencing from the date of shipment from Seller’s facility.

B. The Warranty Period listed below is applicable to Seller’s Manufactured Products furnished pursuant to this

Agreement, commencing from date of shipment from Seller’s facility, unless otherwise agreed to in writing:

Warranty Period

Product Type

New Product

Repaired Product*

Central Office Power

Equipment**

24 Months

6 Months

* The Warranty Period for a repaired Product or part thereof is six (6) months or, the remainder of

the unexpired term of the new Product Warranty Period, whichever is longer.

C. If, under normal and proper use during the applicable Warranty Period, a defect or nonconformity is identified in

a Product and Customer notifies Seller in writing of such defect or nonconformity promptly after Customer

discovers such defect or nonconformity, and follows Seller's instructions regarding return of defective or

nonconforming Products, Seller shall, at its option attempt first to repair or replace such Product without charge

at its facility or, if not feasible, provide a refund or credit based on the original purchase price and installation

charges if installed by Seller. Where Seller has elected to repair a Seller’s Manufactured Product (other than

Cable and Wire Products) which has been installed by Seller and Seller ascertains that the Product is not readily

returnable for repair, Seller will repair the Product at Customer’s site.

With respect to Cable and Wire Products manufactured by Seller which Seller elects to repair but which are not

readily returnable for repair, whether or not installed by Seller, Seller at its option, may repair the cable and Wire

Products at Customer’s site.

D. If Seller has elected to repair or replace a defective Product, Customer shall have the option of removing and

reinstalling or having Seller remove and reinstall the defective or nonconforming Product. The cost of the

removal and the reinstallation shall be borne by Customer. With respect to Cable and Wire Products, Customer

has the further responsibility, at its expense, to make the Cable and Wire Products accessible for repair or

replacement and to restore the site. Products returned for repair or replacement will be accepted by Seller only

in accordance with its instructions and procedures for such returns. The transportation expense associated with

returning such Product to Seller shall be borne by Customer. Seller shall pay the cost of transportation of the

repaired or replacing Product to the destination designated by Customer.

E. Except for batteries, the defective or nonconforming Products or parts which are replaced shall become Seller's

property. Customer shall be solely responsible for the disposition of any batteries.

F. If Seller determines that a Product for which warranty service is claimed is not defective or nonconforming,

Customer shall pay Seller all costs of handling, inspecting, testing, and transportation and, if applicable, traveling

and related expenses.

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