Limitations of warranty, Exclusive remedies – Comtech EF Data CDM-570A User Manual

Page 34

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CDM-570A/570AL Satellite Modem with Optional Packet Processor

MN-CDM570A

Preface

Revision 2

xxxii

Limitations of Warranty

The warranty does not apply to any part of a product that has been installed, altered, repaired,

or misused in any way that, in the opinion of Comtech EF Data Corporation, would affect the

reliability or detracts from the performance of any part of the product, or is damaged as the

result of use in a way or with equipment that had not been previously approved by Comtech EF

Data Corporation.

The warranty does not apply to any product or parts thereof where the serial number or the

serial number of any of its parts has been altered, defaced, or removed.

The warranty does not cover damage or loss incurred in transportation of the product.

The warranty does not cover replacement or repair necessitated by loss or damage from any

cause beyond the control of Comtech EF Data Corporation, such as lightning or other natural

and weather related events or wartime environments.

The warranty does not cover any labor involved in the removal and or reinstallation of

warranted equipment or parts on site, or any labor required to diagnose the necessity for repair

or replacement.

The warranty excludes any responsibility by Comtech EF Data Corporation for incidental or

consequential damages arising from the use of the equipment or products, or for any inability to

use them either separate from or in combination with any other equipment or products.

A fixed charge established for each product will be imposed for all equipment returned for

warranty repair where Comtech EF Data Corporation cannot identify the cause of the reported

failure.

Exclusive Remedies

Comtech EF Data Corporation’s warranty, as stated is in lieu of all other warranties, expressed,

implied, or statutory, including those of merchantability and fitness for a particular purpose.

The buyer shall pass on to any purchaser, lessee, or other user of Comtech EF Data

Corporation’s products, the aforementioned warranty, and shall indemnify and hold harmless

Comtech EF Data Corporation from any claims or liability of such purchaser, lessee, or user

based upon allegations that the buyer, its agents, or employees have made additional

warranties or representations as to product preference or use.

The remedies provided herein are the buyer’s sole and exclusive remedies. Comtech EF Data

shall not be liable for any direct, indirect, special, incidental, or consequential damages, whether

based on contract, tort, or any other legal theory.

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