Airlink X EV-DO - Manual (Page 133)

Raven X EV-DO for Verizon - User Guide, version 2.34 127
Warranty Terms and Conditions
DIRECTLY GIVES RISE TO THE CLAIM. THIS CLAUSE WILL SURVIVE THE FAILURE
OF ANY EXCLUSIVE REMEDY AND THE EXPIRATION OF THESE WARRANTY TERMS.
General Conditions
AirLink shall have the right to assign any or all components of these Warranty Terms without the
prior written consent of the other party. AirLink shall not be liable to Customer for any alleged
loss or damages resulting from delays in performance (including for AirLink, loss or damages
resulting from delivery of the Products being delayed) caused by any act of God, fire, casualty,
flood, war, failure of public utilities, injunction or any act, exercise, assertion or requirement of
governmental authority, earthquake, labor strike, riot, accident, shortage, delay in transportation or
any other cause beyond the reasonable control of AirLink, and if AirLink shall have used its best
efforts to avoid such occurrence and minimize its duration and has given prompt written notice to
Customer, then AirLink's performance shall be excused and the time for performance shall be
extended for the period of delay or inability to perform due to such occurrence. All notices and
demands of any kind which either party may be required or desire to serve upon the other under the
terms of this Agreement shall be in writing and shall be served by personal service or by registered
mail, postage prepaid, to AirLink (Att: VP/Operations) at the address set forth at the beginning of
this Agreement, and to Customer, at the address provided by Customer to AirLink on the applica-
ble purchase order. If any provision of these Warranty Terms shall be held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions shall in no way
be affected or impaired thereby. The laws of the State of California shall govern these Warranty
Terms. These Warranty Terms constitute the entire agreement between the parties hereto pertain-
ing to the subject matter hereof, and any and all written or oral agreements heretofore existing
between the parties hereto are expressly canceled and/or superseded. These Warranty Terms shall
prevail notwithstanding any variance with terms and conditions of any purchase order. Any modifi-
cations of these Warranty Terms must be in writing and signed by a duly authorized officer of both
parties hereto.