User's Manual

User Manual v1.0
UM - Everon 6000 DAS - 1-MAR-2021 - clear of comments| March 2021 |Page 5 of 174
Warranties
Hardware Warranty
Corning Optical Communications Wireless, Inc. (“Corning”)warrants to the original purchaser (“Customer”) that for the duration of
the warranty period, one (1) year, commencing on the date of shipment of the Hardware, unless otherwise agreed in writing by
Corning (the “Hardware Warranty Period”), the Hardware furnished by Corning shall be free in all material respects from defects in
material and workmanship, and shall conform to the applicable portions of the Specifications, as defined below (the “Hardware
Warranty”). If notified by Customer of any such defects in material or workmanship or nonconformity with applicable portions of
the Specifications within the Hardware Warranty Period, Corning shall promptly, at its own election and expense, repair or replace
any such Hardware proven to be defective under the terms of this Hardware Warranty. Such repair or replacement shall be
Customer’s sole remedy and Corning’s sole obligation in the event this Hardware Warranty is invoked. If any components
comprising a part of the Hardware are replaced or repaired during the Hardware Warranty Period, the Hardware Warranty Period
for such repaired or replaced components shall extend to the longer of (i) the balance of the Hardware Warranty Period or (ii) three
(3) months from the date of repair or replacement. For purposes of this Warranty, “Specifications” shall mean the specifications
and performance standards of the Products as set forth in documents published by Corning and delivered to Customer which
contain technical specifications or performance standards for the Products.
If Customer invokes this Hardware Warranty, it shall notify Corning promptly of the claimed defect. Customer will allow Corning to
inspect the Hardware at Customer’s location, or to return the Hardware to Corning’s closest repair facility. For Hardware returned
to Corning’s repair facility, Customer shall be responsible for payment of all transportation and freight costs (including insurance) to
Corning’s repair facility, and Corning shall be responsible for all transportation and freight costs (including insurance) incurred in
connection with the shipment of such Hardware to other repair facilities of Corning and/or its return to Customer.
Notwithstanding the foregoing, in no event will Corning be liable for damage to Products resulting from improper
handling during or after shipment, misuse, neglect, improper installation, operation or repair (other than by authorized Corning
personnel), alteration, accident, or for any other cause not attributable to defects in materials or workmanship on the part of
Corning. Corning shall not reimburse or make any allowance to Customer for any labor charges incurred by Customer for
replacement or repair of any goods unless such charges are authorized in advance in writing by Corning.
Software Warranty
Corning warrants to the original purchaser (“Customer”) that for the duration of the warranty period, one (1) year, commencing on
the date of shipment of the Software, unless otherwise agreed in writing by Corning (the “Software Warranty Period”), the
Software shall conform with, and perform the functions set forth in the Specifications, and shall be free from defects in material or
workmanship (the “Software Warranty”). In the event the Software is proven to be defective under the terms of this Software
Warranty, Corning shall correct such defects or failure and ensure that the Software conforms with, and performs the functions set
forth in, the Specifications. Customer will allow Corning to inspect the Software at Customer’s location or to return it to Corning’s
closest repair facility. Notwithstanding the foregoing, Corning shall have no obligation under the Software Warranty if the Software
is modified or used with hardware or software not supplied or approved by Corning or if the Software is subject to abuse, improper
installation or application, accident, electrical or environmental over-stress, negligence in use, storage, transportation or handling.
Third-party software distributed with the Software may carry certain warranties which, to the maximum extent allowed by law,
Corning hereby assigns, transfers and otherwise conveys to Customer, provided, however, that Corning itself provides no warranty
of any kind, express, implied, statutory or otherwise, for any third-party software provided hereunder.
Corning does not warrant any hardware, software or services not provided by Corning.
This warranty is the only warranty made by corning and is in lieu of all other warranties, express or implied including, but not
limited to, the implied warranties of merchantability and fitness for a particular purpose. Corning shall not be liable for any other
damage including, but not limited to, indirect, special or consequential damages arising out of or in connection with furnishing of
goods, parts and service hereunder, or the performance, use of, or inability to use the goods, parts and service. Corning sales
agents or representatives are not authorized to make commitments on warranty returns.
Returns
above warranty, the following procedure shall be followed:
1. Return authorization is to be received from Corning prior to returning any unit. Advise Corning of the model, serial number, and
discrepancy. The unit may then be forwarded to Corning, transportation prepaid. Devices returned collect or without authorization
may not be accepted.
2. Prior to repair, Corning will advise the customer of our test results and any charges for repairing customer-caused problems or
out-of-warranty conditions etc.
3. Repaired products are warranted for the balance of the original warranty period, or at least 90 days from date of shipment.