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Warranty
LIMITED WARRANTY STATEMENT
Telecast Fiber Systems, Inc. (“Telecast”) 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 “Warranty Period”). 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, Distributor’s 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 modified 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 Telecast’s 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 modified 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 Distributor’s
customer, as requested by Distributor’s customer, at a location within the United States or, at Telecast’s
option, to Distributor’s 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.
