3 YEAR PRODUCT WARRANTY
1. Seller warrants and guarantees that the System shall be free from defects in materials and workmanship for the longer of (i) 3 years after the Acceptance Date (the “Warranty Period”) or (ii) such longer period as may be provided by the manufacturer’s or supplier’s warranty covering the Sub-components; provided that such third party warranty is assignable to Purchaser.
2. If, within the Warranty Period, any of the System is found to be defective Seller shall correct such defects and non-conformance and make all required repairs and/or replacements (including repairs to other portions of the System damaged as a result of the defect or non-conformance in the System). Sub-components will be replaced or repaired free of charge by Seller during the Warranty Period, except if the defects, damage or malfunction is not covered by the warranty as described herein.
3. Parts required for the repair will be provided on an “Advanced Replacement” basis. Seller will ship the part at no cost to the Purchaser. Purchaser will return the defective part or the unused replacement part to the location designated by the Seller within 30 days. Failure to return the defective or unused part within 30 days, will result in the Purchaser being invoiced the then current list price for the part.
4. Purchaser will be responsible for the initial level of diagnosis (i.e. for identification and isolation of the problem), for shipping, at Purchaser’s cost, the malfunctioning Sub-components to Seller or the location specified by Seller. Labor at Seller’s site to replace or repair defective Sub-components covered by the warranty will be provided free of charge during the Warranty Period
5. In the event the defect or non-conformance prevents Purchaser from conducting normal business operations, Seller shall correct such defect or non-conformance as soon as possible under the circumstances after receipt of oral or written notice from Purchaser. With respect to other defects or non-conformance, Seller shall commence such corrective action to the System within seven (7) days of the later of (i) receipt of notice from Purchaser or (ii) delivery of the defective Sub-components to Purchaser, and shall complete the same within a reasonable time period.
B. THIS WARRANTY DOES NOT COVER.
Defects, damage or malfunctions to the System or any Sub-components to the extent resulting from:
1. Use of the System or any components thereof in other than their normal and customary manner.
2. Misuse, accident, neglect, improper storage or environmental or site conditions not conforming to
the specifications for the System, to the extent not caused by Seller or its agents.
3. Unauthorized modifications, alterations, repairs, or use of unapproved parts in or of the System, in each case in a manner not approved by Seller.
4. Force Majeure Condition.
5. Installation, optimization, movement, or use of System by anyone not authorized by Seller and/or
not in accordance with commercially reasonable standards and guidelines. 6. Failure of any third-party networks.
7. Failure of Purchaser to maintain the System substantially in accordance with the following standard operating guidelines and procedures:
a. Purchaser will not allow any disconnection or interruption of AC power supply to any components of the System, including BDAs, fiber distribution equipment, or UPS back-up power supplies.
b. Purchaser will maintain the proper air temperature environmental conditions in all rooms where active System components are operating.
c. Purchaser will ensure that no dust or other matter is allowed to restrict or constrict air flow into or out of any active component that is part of the System.
d. Purchaser will not, nor allow other parties to, open, tamper with, adjust settings, or otherwise make unauthorized changes to System components.
Purchaser will not, nor allow other parties to, disconnect or remove any components that are part of
Purchaser will not, nor allow other parties to, disconnect any coax or fiber cabling from any active
or passive component in the System.
g. Purchaser will not, nor allow other parties to, disconnect, reposition, or relocate any interior or external antenna that is a part of the System.
h. Purchaser will not, nor allow other parties to, sever any coax or fiber cabling that is part of the i. Purchaser will not, nor allow other parties to, alter the routing or placement of any coax or fiber
cabling that is part of the System.
8. Any component of the System, including any equipment or software not supplied or authorized by Seller.
9. Failure of Purchaser to use the most recent software update supplied by Seller or Manufacturer D. DISCLAIMER OF IMPLIED WARRANTIES.
THE WARRANTIES IN THIS AGREEMENT ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WHICH ARE SPECIFICALLY EXCLUDED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF NONINFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, OWNERSHIP, QUIET ENJOYMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER’S EXPRESS WARRANTY WILL NOT BE ENLARGED, DIMINISHED OR AFFECTED BY, AND NO OBLIGATION OR LIABILITY WILL ARISE OUT OF, THE RENDERING OF TECHNICAL OR OTHER ADVICE OR SERVICE BY SELLER IN CONNECTION WITH THE SYSTEM.