Warranty – Ericsson LBI-38732E User Manual

Page 110

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WARRANTY

A. Ericsson Inc. (hereinafter "Seller") warrants to the original purchaser for use (herein-

after "Buyer") that Equipment manufactured by Seller shall be free from defects in
material, workmanship and title, and shall conform to its published specifications. With
respect to any Equipment not manufactured by Seller (except for integral parts of
Seller’s Equipment to which the warranties set forth above shall apply), Seller gives
no warranty, and only the warranty, if any, given by the manufacturer shall apply.
Batteries are excluded from this warranty but are warranted under a separate
Nickel-Cadmium Battery Warranty.

B. Seller’s obligations set forth in Paragraph C below shall apply only to failures to meet

the above warranties (except as to title) 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, incandescent lamps, vacuum tubes 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 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, or (ii) by
making available at Seller’s factory any necessary repaired or replacement parts. Any
repaired or replacement part furnished hereunder shall be warranted for the remain-
der 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 change only for the Equipment covered under Paragraph B.3, and only during the
first three (3) months following the date of sale to the Buyer. Thereafter, labor will be
charged at prevailing rates. To be eligible for no-charge labor, service must be
performed by an Authorized Service Center 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.
Equipment located off-shore is not eligible for no-charge labor.

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 (except as to

title) 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 PUR-
POSE SHALL APPLY. IN NO EVENT SHALL THE SELLER BE LIABLE FOR ANY
INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR EXEMPLARY DAM-
AGES.

This warranty applies only within the United States.

1-800-592-7711 (Outside USA, 804-592-7711).

ECX-362S

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