M/A-Com P5100 Series Installation And Safety Manual Download

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13 WARRANTY

M/A-COM, Inc. (hereinafter "Seller") warrants to the original purchaser for use (hereinafter

"Buyer") that Equipment manufactured by or for the Seller shall be free from defects in
material and workmanship, and shall conform to its published specifications. With respect to
all non-M/A-COM Equipment, Seller gives no warranty, and only the warranty, if any, given
by the manufacturer shall apply. Rechargeable batteries are excluded from this warranty but
are warranted under a separate Rechargeable Battery Warranty (ECR-7048).

Seller’s obligations set forth in Paragraph C below shall apply only to failures to meet the

above warranties occurring within the following periods of time from date of sale to the
Buyer and are conditioned on Buyer’s giving written notice to Seller within thirty (30) days of
such occurrence:

for fuses and non-rechargeable batteries, operable on arrival only.

for parts and accessories (except as noted in B.1) sold by Seller’s Service Parts Operation,
ninety (90) days.

3. for

ANTHER

™

Series handportable and mobile radios, two (2) years.

for all other equipment of Seller’s manufacture, one (1) year.

If any Equipment fails to meet the foregoing warranties, Seller shall correct the failure at its

option (i) by repairing any defective or damaged part or parts thereof, (ii) by making
available at Seller’s factory any necessary repaired or replacement parts, or (iii) by replacing
the failed Equipment with equivalent new or refurbished Equipment. Any repaired or
replacement part furnished hereunder shall be warranted for the remainder of the warranty
period of the Equipment in which it is installed. Where such failure cannot be corrected by
Seller’s reasonable efforts, the parties will negotiate an equitable adjustment in price. Labor
to perform warranty service will be provided at no charge during the warranty period only for
the Equipment covered under Paragraph B.3 and B.4. To be eligible for no-charge labor,
service must be performed at a M/A-COM factory, by an Authorized Service Center (ASC)
or other Servicer approved for these purposes either at its place of business during normal
business hours, for mobile or personal equipment, or at the Buyer’s location, for fixed
location equipment. Service on fixed location equipment more than thirty (30) miles from the
Service Center or other approved Servicer’s place of business will include a charge for
transportation.

Seller’s obligations under Paragraph C shall not apply to any Equipment, or part thereof,
which (i) has been modified or otherwise altered other than pursuant to Seller’s written
instructions or written approval or, (ii) is normally consumed in operation or, (iii) has a
normal life inherently shorter than the warranty periods specified in Paragraph B, or (iv) is
not properly stored, installed, used, maintained or repaired, or, (v) has been subjected to
any other kind of misuse or detrimental exposure, or has been involved in an accident.

The preceding paragraphs set forth the exclusive remedies for claims based upon defects in

or nonconformity of the Equipment, whether the claim is in contract, warranty, tort (including
negligence), strict liability or otherwise, and however instituted. Upon the expiration of the
warranty period, all such liability shall terminate. The foregoing warranties are exclusive and
in lieu of all other warranties, whether oral, written, expressed, implied or statutory. NO
IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
PARTICULAR PURPOSE SHALL APPLY. IN NO EVENT SHALL THE SELLER BE LIABLE
FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR EXEMPLARY
DAMAGES.

This warranty applies only within the United States.

M/A-COM, Inc.

1011 Pawtucket Blvd.

221 Jefferson Ridge Parkway

Lowell, MA 01853

Lynchburg, VA 24501

1-877-OPENSKY 1-800-528-7711

ECR-7047C