User Manual

INSTALLATION AND MAINTENANCE MANUAL
LYNX.sc E1 FAMILY
SPREAD SPECTRUM RADIOS
OCTOBER 1998
W/CS97-1
viii
SHORTAGES
9.1 The customer shall not make any claim for shortages (which are
items that the Invoice does not show are on back-order) after
twenty-one (21) days after the date of the Invoice.
RETURNS AND EXCHANGES
10.1 The return of defective Equipment is covered by the Warranty .
10.2 The Customer may only return Equipment that is not defective if:
(a) the Equipment does not correspond with the Customer's purchase
order; or
(b) the Equipment has been ordered in error by the Customer and
Glenayre Western Multiplex has permitted the Customer to remedy
the mistake by ordering the correct equipment and resuming the
Equipment and the Customer obtains a Returned Materials
Authorization number ("RMA #") from Glenayre Western Multiplex
prior to returning any Equipment.
10.3 Glenayre Western Multiplex reserves the right to charge a fee for
returned equipment under Subparagraph 10.2(b) with the amount
of the fee being determined prior to an RMA # being given by
Glenayre Western Multiplex.
10.4 Authorized returns of equipment under Paragraph 10.2 must be in
an undamaged condition, in the original configuration, in the
original packing materials and within a time period agreed to when
the RMA # was issued.
10.5 If the Customer does not comply with the provisions of Paragraphs
10.2, 10.3, and 10.4, the Customer shall pay the full amount of the
Invoice.
10.6 The party liable for all shipping, insurance and any other expenses
incurred by the Customer in returning the Equipment under
Paragraph 10.2 and for all loss or damage to the Equipment until
received by Glenayre Western Multiplex, shall be: (a) for all items
returned under Subparagraph 10.2(a), Glenayre Western Multiplex
and (b) for all items resumed under Subparagraph 10.2(b), the
Customer.
CANCELLATION
11.1 If the Customer cancels an order before the Shipping Date,
Glenayre Western Multiplex reserves the right to charge the
Customer a cancellation charge up to 100% of the amount of the
order.
11.2 The Customer shall pay all cancellation charges within thirty (30)
days from date of the Invoice.
FORCE MAJEURE
12.1 Glenayre Western Multiplex shall not be liable if its performance of
the Agreement becomes commercially impractical due to any
contingency beyond Glenayre Western Multiplex's reasonable
control, including acts of God, fires, floods, wars, sabotage, civil
unrest, accidents, labor disputes or shortages, government laws,
rules and regulations, whether valid or invalid, inability to obtain
material, equipment or transportation, incorrect, delayed or
incomplete specifications, drawings or data supplied by the
Customer or others (collectively "Force Majeure"). In no event of
Force Majeure shall Glenayre Western Multiplex be required to
purchase goods from others to enable it to deliver the Equipment
under the Agreement.
ENGINEERING AND SYSTEM DESIGN
13.1 The Customer is solely responsible for the engineering, design,
integration and normal preventative and remedial maintenance of
the Customer's system for which Glenayre Western Multiplex
supplies Equipment.
13.2 Glenayre Western Multiplex is not responsible for the satisfactory
operation of the Equipment in conjunction with other
manufacturer's equipment, nor for any losses which may occur as
a result of a failure of the Equipment to operate in conjunction with
other manufacturer's equipment.
WARRANTY
14.1 All Equipment is covered by the Warranty.
14.2 THE WARRANTY CONTAINS LlMITATIONS ON THE
CUSTOMER'S RIGHTS AND REMEDIES AGAINST GLENAYRE
WESTERN MULTIPLEX UNDER THE AGREEMENT.
THE CUSTOMER ACKNOWLEDGES HAVING READ,
UNDERSTOOD AND AGREED TO THOSE LIMITATIONS.
DAMAGES FOR BREACH OF AGREEMENT
15.1 If either party is successful in any litigation between the parties
based on the Agreement, the successful party shall recover from
the other, in addition to direct damages, the successful party's
reasonable attorney's fees and other costs of litigation.
INSOLVENCY OF CUSTOMER, ETC.
16.1 Glenayre Western Multiplex may cancel the Agreement and
suspend any further deliveries under the Agreement without any
liability to the Customer, and, if Equipment has been delivered but
not paid for, the price shall become immediately due and payable
despite any other agreement to the contrary if:
(a) any proceedings in bankruptcy, insolvency, receivership or
liquidation are taken against the Customer;
(b) the Customer makes an assignment for the benefit of
creditors or commits an act of bankruptcy or insolvency;
(c) the Customer ceases, or threatens to cease, to carry on the
ordinary course of its business, or transfers all or substantially all
of its property;
(d) the Equipment is seized under any legal process or
confiscated; or
(e) Glenayre Western Multiplex in good faith believes that the
ability of the Customer to pay or perform any provision of the
Agreement is impaired, or that any of the events mentioned above
is about to occur.
NOTICE
17.1 All requests, instructions and notices from one party to the other
must be in writing and may be given via registered post or
facsimile transmission to the address of the parties shown on the
Quotation or Order Acknowledgment.
EXPORT PROVISIONS
18.1 The Customer shall not, whether directly or indirectly (including
facilitating a third party) export or re-export the Equipment outside
the country in which the Customer has stated these items are to be
used without obtaining the licenses required under ail applicable
rules. The Customer shall indemnify Glenayre Western Multiplex
against any liability incurred by Glenayre Western Multiplex due to
any violation by the Customer of any of the provisions of this
Section, but this indemnity shall not apply if the Customer
reasonably relies on information supplied to it by Glenayre
Western Multiplex with respect to export licenses. Upon receipt of
a governmental consent to export the receiving party shall
immediately notify the other in writing.
MISCELLANEOUS
19.1 No waiver by Glenayre Western Multiplex of any breach of this
Agreement shall be considered as a waiver of any subsequent
breach of the same or any other provision.
19.2 Any provision of the Agreement which is, or is deemed to be,
unenforceable in any jurisdiction shall be severable from the
Agreement in that jurisdiction without in any way invalidating the
remaining portions of the Agreement, and that unenforceability
shall not make that provision unenforceable in any other
jurisdiction.
19.3 The rights which accrue to Glenayre Western Multiplex by virtue of
the Agreement shall inure for the benefit of and be binding upon
the successors and assigns of Glenayre Western Multiplex.
19.4 The agreement shall be governed by the laws of the State of
California including the California Uniform Commercial Code.
However Glenayre Western Multiplex may enforce the provisions
of the Agreement in accordance with the laws of the jurisdiction in
which the Equipment is situated. The United Nations Convention
on the Sale of Goods (The Vienna Convention) shall not apply to
the Agreement.
19.5 Les parties ont exigés que cette entente soit rédigée en anglais.