AVIDYNE EXCLUSIVE LIMITED WARRANTY/LIMITATIONS ON LIABILITY
600-00104-001 Rev 01
-3-
Entegra EXP5000 PFD
1.3 AVIDYNE EXCLUSIVE LIMITED WARRANTY/
LIMITATIONS ON LIABILITY
Avidyne warrants the Product manufactured by it against defects in material and
workmanship for a period of twenty-four (24) months from delivery. If Avidyne's
Product fails to conform to this warranty, Avidyne, in its sole discretion, will either
repair or replace the Product or provide a refund of the purchase price paid for the
Product. This warranty is made upon the express conditions that:
(a) Avidyne is given prompt written notice of any claimed non-conformity in the
Product, with a reasonable explanation thereof;
(b) The Product is returned to Avidyne or to an Avidyne authorized service facility;
(c) The Product has not been altered in any manner other than as previously authorized
by Avidyne in writing; and
(d) Repairs to the Product have not been made by anyone other than Avidyne or an
Avidyne authorized service facility.
This warranty does not apply to any Product which is not installed, maintained and
operated in accordance with Avidyne's written instructions or which is otherwise
misused, including, without limitation, to any Product which is damaged due to
improper installation, maintenance or operation, tampering, alteration of serial numbers
or other manufacturers data, lightning or other electrical source, or otherwise.
If warranty protection is applicable to the Product, Avidyne will use reasonable efforts
to repair or replace Product within ten (10) business days of its receipt of the Product.
Any Product that has been repaired by Avidyne or replaced by Avidyne under this
warranty will be subject to remainder of the original warranty term applicable to the
repaired or replaced Product or will be warranted under the warranty terms above for
ninety days from the date of repair or replacement, whichever period is longer.
THIS EXCLUSIVE LIMITED WARRANTY APPLIES IN LIEU OF AND EXPRESSLY
SUPERCEDES AND EXCLUDES ALL OTHER REPRESENTATIONS, AFFIRMATIONS
AND/OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN,
INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, OF
FITNESS FOR A PARTICULAR PURPOSE, OF TITLE AND/OR OF NON-INFRINGEMENT.
PURCHASER EXPRESSLY AND KNOWINGLY AGREES THAT NO OTHER
REPRESENTATIONS, AFFIRMATIONS OR WARRANTIES, WHETHER EXPRESS OR
IMPLIED, ORAL OR WRITTEN, FORM PART OF ANY PURCHASE AND SALE
TRANSACTION RELATED TO THE PRODUCT.
AVIDYNE'S (AND ITS AFFILIATES') AND ANY PRODUCT COMPONENT SUPPLIER'S
SOLE RESPONSIBILITY AND LIABILITY RELATED TO THE PRODUCT OR ARISING OUT
OF OR RELATED TO ITS PURCHASE, SALE, PERFORMANCE, RELIABILITY OR USE
ARE LIMITED TO ITS REPAIR OR REPLACEMENT, OR TO A REFUND OF THE
PURCHASE PRICE, IN AVIDYNE'S SOLE DISCRETION. IN NO EVENT WILL AVIDYNE
(OR ITS AFFILIATES) OR ANY SUPPLIERS OF PRODUCT COMPONENTS BE
RESPONSIBLE OR LIABLE FOR ANY OTHER DAMAGE OF ANY NATURE
WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, LOSS OF USE, LOSS OF REVENUE OR PROFIT, PROPERTY DAMAGE,
PERSONAL INJURY, WRONGFUL DEATH, OR OTHER DAMAGE (WHETHER OR NOT