User Manual

63
WARRANTY
A. M/A-COM, Inc. (hereinafter "Seller") warrants to the original purchaser for use (hereinafter "Buyer")
that Equipment manufactured by or for the Seller shall be free from defects in material and
workmanship, and shall conform to its published specifications. With respect to all non-M/A-COM
Equipment, Seller gives no warranty, and only the warranty, if any, given by the manufacturer shall
apply. Rechargeable batteries are excluded from this warranty but are warranted under a separate
Rechargeable Battery Warranty (ECR-7048).
B. Seller’s obligations set forth in Paragraph C below shall apply only to failures to meet the above
warranties 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 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 P
ANTHER™ Series handportable and mobile radios, two (2) years.
4. 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, (ii) by making available at Seller’s
factory any necessary repaired or replacement parts, or (iii) by replacing the failed Equipment with
equivalent new or refurbished Equipment. Any repaired or replacement part furnished hereunder
shall be warranted for the remainder 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 charge
during the warranty period only for the Equipment covered under Paragraph B.3 and B.4. To be
eligible for no-charge labor, service must be performed at a M/A-COM factory, by an Authorized
Service Center (ASC) 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.
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 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
PURPOSE SHALL APPLY. IN NO EVENT SHALL THE SELLER BE LIABLE FOR ANY
INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR EXEMPLARY DAMAGES.
This warranty applies only within the United States.
M/A-COM, Inc. M/A-COM, Inc.
1011 Pawtucket Blvd. 221 Jefferson Ridge Parkway
Lowell, MA 01853 Lynchburg, VA 24501
1-877-OPENSKY 1-800-528-7711
ECR-7047C