Adder 882
20
1 April 1999
Warranty
LIMITED WARRANTY STATEMENT
Telecast Fiber Systems, Inc. (ÒTelecastÓ) expressly warrants to Buyer that the Products supplied shall be free from defects in materials and workmanship
for a period of 12 months following the date the Products are delivered to Buyer (the ÒWarranty PeriodÓ). Telecast's liability under this limited warranty
shall be limited, at its option, to providing refund of purchase price for Products, or replacing or repairing Products shown to be defective either in
materials or workmanship. Buyer's sole and exclusive remedy for breach of warranty shall be such refund, replacement or repair.
A claim of defect in materials or workmanship in any Product shall be allowed only when it is submitted in writing to Telecast Fiber Systems, Inc. within
seven days after discovery of the defect, and in any event within the Warranty Period. No claim shall be allowed in respect of any Product which has
been altered, neglected, damaged or stored in any manner which adversely affects it. In order to obtain service under the terms of this warranty,
DistributorÕs customer or Distributor must notify Telecast of the defect prior to the expiration of the applicable warranty period and obtain a Return
Authorization Number from Telecast. In no event may products be returned to Telecast or to Distributor for warranty service without having obtained
from Telecast a Return Authorization Number.
This limited warranty applies only to new and unused Products delivered to Buyers located within the United States of America, or to international
Buyers if sold through an authorized Distributor organization, and shall not extend to any equipment not manufactured by Telecast Fiber Systems, Inc.,
even though such equipment may be sold or operated with the Products. In addition, this limited warranty shall be void and of no further force or effect
whatsoever if the Product is repaired or modiÞed by any person other than an authorized representative of Telecast Fiber Systems, Inc. without the
consent of Telecast Fiber Systems, Inc. This warranty shall not apply to any defect, failure or damage caused by improper use or inadequate maintenance
and care. Nor shall this warranty apply to any damage caused in whole or in part by attempts by personnel other than TelecastÕs personnel, as approved
in advance in accordance with the foregoing provisions, to open, install, repair, or service the Product; nor to damage resulting from improper
connection with incompatible equipment; nor to damage to a unit which has been modiÞed by personnel other than Telecast personnel.
Products returned to Telecast for warranty service shall be shipped, freight prepaid to Telecast. Telecast will return the repaired product or ship a
replacement, freight prepaid, to either Distributor or DistributorÕs customer, as requested by DistributorÕs customer, at a location within the United States
or, at TelecastÕs option, to DistributorÕs location in the case of international sales.
This limited warranty shall also apply to Products that replace defective Products and Products that have been repaired by authorized representatives of
Telecast Fiber Systems, Inc., but only for the original Warranty Period. The Warranty Period shall not be extended by reason of defect, or any period of
time during which the Product is not available to Buyer because of defects or repairs, without the express written consent of Telecast Fiber Systems, Inc.
EXCEPT FOR THE EXPRESS LIMITED WARRANTY AGAINST DEFECTS IN MATERIALS AND WORKMANSHIP CONTAINED HEREIN,
TELECAST FIBER SYSTEMS, INC. MAKES NO WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AND ALL
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND OTHER WARRANTIES OF WHATEVER KIND
ARE HEREBY DISCLAIMED BY TELECAST FIBER SYSTEMS, INC. THIS LIMITED WARRANTY SETS FORTH EXCLUSIVELY ALL OF
TELECAST FIBER SYSTEMS, INC.'S LIABILITY IN CONTRACT OR OTHERWISE IN THE EVENT OF A DEFECTIVE PRODUCT.
WITHOUT LIMITATION ON THE FOREGOING, TELECAST FIBER SYSTEMS, INC. EXPRESSLY DISCLAIMS ANY LIABILITY
WHATSOEVER FOR ANY DAMAGES INCURRED DIRECTLY OR INDIRECTLY IN CONNECTION WITH THE SALE OR USE OF, OR
OTHERWISE IN CONNECTION WITH, THE PRODUCT, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS AND SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, REGARDLESS WHETHER
TELECAST HAS BEEN GIVEN ADVANCE NOTICE OF THE POSSIBILITY THEREOF.
THIS WARRANTY IS GIVEN BY TELECAST IN LIEU OF ANY OTHER WARRANTY EXPRESSED OR IMPLIED.
