23
DRAKE
ONE
YEAR
LIMITED
WARRANTY
Seller
will
at
its
sole
option,
either
repair
or
replace
(with
a
new
or
factory
reconditioned
product,
as
Seller
may
determine)
any
product
manufactured
or
sold
(or
in
the
case
of
software,
licensed)
by
Seller
which
is
defective
in
materials
or
workmanship
or
fails
to
meet
the
applicable
specifications
that
are
in
effect
on
the
date
of
shipment
or
such
other
specifications
as
may
have
been
expressly
agreed
upon
in
writing:
(i)
for
a
period
of
three
(3)
years
from
the
date
of
original
purchase
for
all
stock
hardware
products
(other
than
those
specifically
referenced
herein
below
having
a
shorter
warranty
period);
(ii)
for
a
period
of
one
(1)
year
from
the
date
of
original
purchase,
with
respect
to
all
MegaPort™,
IPTV
products,
test
equipment
and
fiber
optics
receivers,
transmitters,
couplers
and
integrated
receiver/distribution
amplifiers;
(iii)
for
a
period
of
one
(1)
year
from
the
date
of
original
purchase
(or
such
shorter
period
of
time
as
may
be
set
forth
in
the
license
agreement
specific
to
the
particular
software
being
licensed
from
Seller)
with
respect
to
all
software
products
licensed
from
Seller
(other
than
Core
Product
Software)
that
is
(a)
developed
for
a
specific
function
or
application,
(b)
complimentary
to
and
does
not
function
without
the
Core
Product
Software,
and
(c)
listed
with
a
specific
model
number
and
stock
number
in
Seller’s
Price
List
(“Non
‐
Core
Software”);
(iv)
for
a
period
of
ninety
(90)
days
from
the
date
of
original
purchase,
with
respect
to
non
‐
serialized
products
and
accessories,
such
as
parts,
sub
‐
assemblies,
splitters
and
all
other
products
sold
by
Seller
(other
than
Core
Product
Software
and
Refurbished/Closeout
Products)
not
otherwise
referred
to
in
clauses
(i)
through
(iii)
above.
The
warranty
period
for
computer
programs
in
machine
‐
readable
form
included
in
a
hardware
product,
which
are
essential
for
the
functionality
thereof
as
specifically
stated
in
the
published
product
specifications
(“Core
Product
Software”)
will
be
coincident
with
the
warranty
period
of
the
applicable
hardware
product
within
which
such
Core
Product
Software
is
installed.
Software
patches,
bug
fixes,
updates
or
workarounds
do
not
extend
the
original
warranty
period
of
any
Core
Product
Software
or
Non
‐
Core
Software.
Notwithstanding
anything
herein
to
the
contrary,
(i)
Seller’s
sole
obligation
for
software
that
when
properly
installed
and
used
does
not
substantially
conform
to
the
published
specifications
in
effect
when
the
software
is
first
shipped
by
Seller,
is
to
use
commercially
reasonable
efforts
to
correct
any
reproducible
material
non
‐
conformity
(as
determined
by
Seller
in
its
sole
discretion)
by
providing
the
customer
with:
(a)
telephone
or
e
‐
access
to
report
non
‐
conformance
so
that
Seller
can
verify
reproducibility,
(b)
a
software
patch
or
bug
fix,
if
available
or
a
workaround
to
bypass
the
issue
if
available,
and
(c)
where
applicable,
replacement
or
damaged
or
defective
external
media,
such
as
CD
‐
ROM
disk,
on
which
the
software
was
originally
delivered;
(ii)
Seller
does
not
warrant
that
the
use
of
any
software
will
be
uninterrupted,
error
‐
free,
free
of
security
vulnerabilities
or
that
the
software
will
meet
the
customer’s
particular
requirements;
and
the
customer’s
sole
and
exclusive
remedy
for
breach
of
this
warranty
is,
at
Seller’s
option,
to
receive
(a)
suitably
modified
software,
or
part
thereof,
or
(b)
comparable
replacement
software
or
part
thereof;
(iii)
Seller
retains
all
right,
title
and
interest
in
and
to
and
ownership
of
all
software
(including
all
Core
Product
Software
and
Non
‐
Core
Software)
including
any
and
all
enhancements,
modifications
and
updates
to
the
same;
and
(iv)
in
some
cases,
the
warranty
on
certain
proprietary
sub
‐
assembly
modules
manufactured
by
third
‐
party
vendors
and
contained
in
Seller’s
products,
third
party
software
installed
in
certain
of
Seller’s
products,
and
on
certain
private–label
products
manufactured
by
third
‐
parties
for
resale
by
Seller,
will
be
of
shorter
duration
or
otherwise
more
limited
than
the
standard
Seller
limited
warranty.
In
such
cases,
Seller’s
warranty
with
respect
to
such
third
‐
party
proprietary
sub
‐
assembly
modules,
third
‐
party
software
and
private
‐
label
products
will
be
limited
to
the
duration
and
other
terms
of
such
third
‐
party
vendor’s
warranty,
if
any.
In
addition,
certain
products,
that
are
not
manufactured
by
Seller,
but
are
resold
by
Seller,
may
carry
the
original
OEM
warranty
for
such
products,
if
any.
The
limited
warranty
set
forth
above
does
not
apply
to
any
product
sold
by
Seller,
which
at
the
time
of
sale
constituted
a
Refurbished/Closeout
Product,
the
limited
warranty
for
which
is
provided
in
the
following
paragraph.
Seller
will
at
its
sole
option,
either
repair
or
replace
(with
a
new
or
factory
‐
reconditioned
product,
as
Seller
may
determine)
any
product
sold
by
Seller
which
at
the
time
of
sale
constituted
a
refurbished
or
closeout
item
(“Refurbished/Closeout
Product”),
which
is
defective
in
materials
or
workmanship
or
fails
to
meet
the
applicable
specifications
that
are
in
effect
on
the
date
of
shipment
of
that
product
or
fails
to
meet
such
other
specifications
as
may
have
been
expressly
agreed
upon
in
writing
between
the
parties,
for
a
period
of
ninety
(90)
days
from
the
date
of
original
purchase.
Notwithstanding
the
foregoing,
in
some
cases
the
warranty
on
certain
proprietary
sub
‐
assembly
modules
manufactured
by
third
‐
party
vendors
and
contained
in
Seller
products,
third
party
software
installed
in
certain
of
Seller’s
products,
and
on
certain
private–label
products
manufactured
by
third
‐
parties
for
resale
by
Seller
will
be
of
shorter
duration
or
otherwise
more
limited
than
Seller
limited
warranty
for
Refurbished/Closeout
Products.
In
such
cases,
Seller’s
warranty
for
Refurbished/Closeout
Products
constituting
such
third
party
proprietary
sub
‐
assembly
modules,
third
party
software,
and
private
‐
label
products
will
be
limited
to
the
duration
and
other
terms
of
such
third
‐
party
vendor’s
warranty,
if
any.
In
addition,
notwithstanding
the
foregoing,
(i)
certain
Refurbished/Closeout
Products
that
are
not
manufactured
(but
are
resold)
by
Seller,
may
carry
the
original
OEM
warranty
for
such
products,
if
any,
which
may
be
longer
or
shorter
than
Seller’s
limited
warranty
for
Refurbished/Closeout
Products.
All
sales
of
Refurbished/Closeout
Products
are
final.
To
obtain
service
under
this
warranty,
the
defective
product,
together
with
a
copy
of
the
sales
receipt,
serial
number
if
applicable,
or
other
satisfactory
proof
of
purchase
and
a
brief
description
of
the
defect,
must
be
shipped
freight
prepaid
to
Seller
at
the
following
address:
One
Jake
Brown
Road,
Old
Bridge,
New
Jersey
08857.
This
warranty
does
not
cover
failure
of
performance
or
damage
resulting
from
(i)
use
or
installation
other
than
in
strict
accordance
with
manufacturer’s
written
instructions,
(ii)
disassembly
or
repair
by
someone
other
than
the
manufacturer
or
a
manufacturer
‐
authorized
repair
center,
(iii)
misuse,
misapplication
or
abuse,
(iv)
alteration,
(v)
exposure
to
unusual
physical
or
electrical
stress,
abuse
or
accident
or
forces
or
exposure
beyond
normal
use
within
specified
operational
or
environmental
parameters
set
forth
in
applicable
product
specifications,
(vi)
lack
of
reasonable
care
or
(vii)
wind,
ice,
snow,
rain,
lightning,
or
any
other
weather
conditions
or
acts
of
God.
OTHER
THAN
THE
WARRANTIES
SET
FORTH
ABOVE,
SELLER
MAKES
NO
OTHER
WARRANTIES
OR
REPRESENTATIONS
OF
ANY
KIND,
EXPRESS
OR
IMPLIED,
AS
TO
THE
CONDITION,
DESCRIPTION,
FITNESS
FOR
A
PARTICULAR
PURPOSE,
MERCHANTABILITY,
OR
AS
TO
ANY
OTHER
MATTER,
AND
SUCH
WARRANTIES
SET
FORTH
ABOVE
SUPERSEDE
ANY
ORAL
OR
WRITTEN
WARRANTIES
OR
REPRESENTATIONS
MADE
OR
IMPLIED
BY
SELLER
OR
BY
ANY
OF
SELLER’S
EMPLOYEES
OR
REPRESENTATIVES,
OR
IN
ANY
OF
SELLER’S
BROCHURES
MANUALS,
CATALOGS,
LITERATURE
OR
OTHER
MATERIALS.
IN
ALL
CASES,
BUYER’S
SOLE
AND
EXCLUSIVE
REMEDY
AND
SELLER’S
SOLE
OBLIGATION
FOR
ANY
BREACH
OF
THE
WARRANTIES
CONTAINED
HEREIN
SHALL
BE
LIMITED
TO
THE
REPAIR
OR
REPLACEMENT
OF
THE
DEFECTIVE
PRODUCT
F.O.B.
SHIPPING
POINT,
AS
SELLER
IN
ITS
SOLE
DISCRETION
SHALL
DETERMINE.
SELLER
SHALL
IN
NO
EVENT
AND
UNDER
NO
CIRCUMSTANCES
BE
LIABLE
OR
RESPONSIBLE
FOR
ANY
CONSEQUENTIAL,
INDIRECT,
INCIDENTAL,
PUNITIVE,
DIRECT
OR
SPECIAL
DAMAGES
BASED
UPON
BREACH
OF
WARRANTY,
BREACH
OF
CONTRACT,
NEGLIGENCE,
STRICT
TORT
LIABILITY
OR
OTHERWISE
OR
ANY
OTHER
LEGAL
THEORY,
ARISING
DIRECTLY
OR
INDIRECTLY
FROM
THE
SALE,
USE,
INSTALLATION
OR
FAILURE
OF
ANY
PRODUCT
ACQUIRED
BY
BUYER
FROM
SELLER.
All
claims
for
shortages,
defects,
and
non
‐
conforming
goods
must
be
made
by
the
customer
in
writing
within
five
(5)
days
of
receipt
of
merchandise,
which
writing
shall
state
with
particularity
all
material
facts
concerning
the
claim
then
known
to
the
customer.
Upon
any
such
claim,
the
customer
shall
hold
the
goods
complained
of
intact
and
duly
protected,
for
a
period
of
up
to
sixty
(60)
days.
Upon
the
request
of
Seller,
the
customer
shall
ship
such
allegedly
non
‐
conforming
or
defective
goods,
freight
prepaid
to
Seller
for
examination
by
Seller’s
inspection
department
and
verification
of
the
defect.
Seller,
at
its
option,
will
either
repair,
replace
or
issue
a
credit
for
products
determined
to
be
defective.
Seller’s
liability
and
responsibility
for
defective
products
is
specifically
limited
to
the
defective
item
or
to
credit
towards
the
original
billing.
All
such
replacements
by
Seller
shall
be
made
free
of
charge
f.o.b.
the
delivery
point
called
for
in
the
original
order.
Products
for
which
replacement
has
been
made
under
the
provisions
of
this
clause
shall
become
the
property
of
Seller.
Under
no
circumstances
are
products
to
be
returned
to
Seller
without
Seller’s
prior
written
authorization.
Seller
reserves
the
right
to
scrap
any
unauthorized
returns
on
a
no
‐
credit
basis.
Any
actions
for
breach
of
a
contract
of
sale
between
Seller
and
a
customer
must
be
commenced
by
the
customer
within
thirteen
(13)
months
after
the
cause
of
action
has
accrued.
A
copy
of
Seller’s
standard
terms
and
conditions
of
sale,
including
the
limited
warranty,
is
available
from
Seller
upon
request.
Copies
of
the
limited
warranties
covering
third
‐
party
proprietary
sub
‐
assembly
modules
and
private
‐
label
products
manufactured
by
third
‐
parties
may
also
be
available
from
Seller
on
request.
(Rev
0713)
