Exclusive remedies – Comtech EF Data HPOD User Manual

Page 17

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HPOD C-, X-, and Ku-Band High-Power Outdoor Amplifiers

MN/HPOD.IOM

Preface

Revision 8

xiii

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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