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,
- Seller’s sole obligation for software that when properly installed and used does not substantially conform to the publish ed 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-mail 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;
- 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;
- Seller retains all right, title and interest in and to and ownership of all software (including all Core Pro duct Software and Non-Core Software) including any and all enhancements, modifications and updates to the same; and
- 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 Pr oducts. 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 acc ordance 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 specificall y 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)