User's Manual

STATEMENT OF WARRANTY
This product, except as stated otherwise in an applicable price list, is warranted against defects in
workmanship and material for a period of three (3) years from date of delivery as evidenced by the
manufacturer’s packing slip or other transportation receipt.
The manufacturer’s sole responsibility under this warranty shall be to either repair or replace, at its
option, any component which fails during the applicable warranty period because of a defect in
workmanship and material, provided PURCHASER has promptly reported same to the manufacturer
in writing. All replaced Products or parts shall become property of the manufacturer.
P-Com shall honor the warranty at its repair facility in Campbell, California. It is PURCHASER’s
responsibility to return, at its expense, the allegedly defective Product to the manufacturer.
PURCHASER must obtain a Return Materials Authorization (RMA) number and shipping instructions
from the manufacturer prior to returning any Product under warranty. Transportation charges for the
return of the Product to PURCHASER shall be paid by the manufacturer within the United States. For
all other locations, the warranty excludes all costs of shipping, customs clearance and other related
charges. If the manufacturer determines that the Product is not defective within the terms of the
warranty, PURCHASER shall pay to the manufacturer all costs of handling, transportation and repairs
at the then prevailing repair rates.
All the above warranties are contingent upon proper use of the Product. These warranties will not
apply (i) if adjustment, repair or parts replacement is required because of accident, unusual physical,
electrical or electromagnetic stress, negligence of PURCHASER, misuse, failure of electric power,
environmental controls, transportation, not maintained in accordance with manufacturer’s
specifications, or abuses other than ordinary use (ii) if the Product has been modified by
PURCHASER or has been repaired or altered outside the factory, unless the manufacturer
specifically authorizes such repairs or alterations; (iii) where manufacturer serial numbers, warranty
data or quality assurance decals have been removed or altered.
P-Com also reserves the right to make product improvements without incurring any obligation or
liability to make the same changes in Products previously manufactured or purchased. In no event
shall the manufacturer be liable for any breach of warranty in an amount exceeding the net selling
price of any defective Product. No person, including any dealer, agent or representative of P-Com is
authorized to assume for P-Com any other liability on its behalf except as set forth herein.
Nonpayment of any invoice rendered within the stated payment terms automatically cancels any
warranty or guarantee stated or implied. If any payment is due to the manufacturer for services
performed hereunder, it shall be subject to the same payment terms as the original purchase.
P-COM HEREBY DISCLAIMS ALL IMPLIED WARRANTIES ON PRODUCTS INCLUDING
WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE. The warranties expressly stated herein are the sole obligation or liability
on the part of P-COM arising out of or in connection with the sale or performance of the products.
Products Manufactured by Others - For products not manufactured by P-COM, the original
manufacturer’s warranty shall be assigned to PURCHASER to the extent permitted and is in lieu of
any other warranty, express or implied. For warranty information on a specific product, a written
request should be made to the manufacturer.
IN NO EVENT WILL P-COM BE LIABLE TO PURCHASER FOR (i) REPROCUREMENT COSTS; (ii)
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES; (iii) ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS ARISING OUT OF OR IN CONNECTION
WITH THIS AGREEMENT, OR THE USE OR PERFORMANCE OF P-COM PRODUCTS,
REGARDLESS OF WHETHER THE CAUSE OF ACTION IS IN CONTRACT, TORT, INCLUDING
NEGLIGENCE, OR ANY OTHER FORM.
No action, whether in contract or tort, including negligence, arising out of or in connection with this
Agreement, may be brought by either party more than eighteen (18) months after the cause of action
has accrued, except that an action for nonpayment may be brought within eighteen (18) months of
the date of last payment.