User's Manual

83
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 Cougar™ Series handportable and mobile radios, two (2) years.
5. for OpenSky
®
, ProVoice™, and EDACS
®
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-B.5. To be eligible for no-charge labor,
service must be performed at a M/A-COM factory (for OpenSky
®
Equipment only),
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-7047B