User Manual

63
5 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 PANTHER™ 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