Limited Warranty and Limitation of Liability

LIMITED WARRANTY AND LIMITATION OF LIABILITY

Each Fluke Networks product is warranted to be free from defects in material and workmanship under normal use and service. The warranty period for the mainframe is one year and begins on the date of purchase. Parts, accessories, product repairs and services are warranted for 90 days, unless otherwise stated. Ni-Cad, Ni-MH Li-Ion batteries, cables or other peripherals are all considered parts or accessories. This warranty extends only to the original buyer or end-user customer of a Fluke Networks authorized reseller, and does not apply to any product which, in Fluke Networks' opinion, has been misused, altered, neglected, contaminated, or damaged by accident or abnormal conditions of operation or handling. Fluke Networks warrants that software will operate substantially in accordance with its functional specifications for 90 days and that it has been properly recorded on non-defective media. Fluke Networks does not warrant that software will be error free or operate without interruption.

Fluke Networks authorized resellers shall extend this warranty on new and unused products to end-user customers only but have no author- ity to extend a greater or different warranty on behalf of Fluke Networks. Warranty support is available only if product is purchased through a Fluke Networks authorized sales outlet or Buyer has paid the applicable international price. Fluke Networks reserves the right to invoice Buyer for importation costs of repair/replacement parts when product purchased in one country is submitted for repair in another country.

Fluke Networks' warranty obligation is limited, at Fluke Networks' option, to refund of the purchase price, free of charge repair, or replace- ment of a defective product which is returned to a Fluke Networks authorized service center within the warranty period.

To obtain warranty service, contact your nearest Fluke Networks authorized service center to obtain return authorization information, then send the product to that service center, with a description of the difficulty, postage and insurance prepaid (FOB Destination). Fluke Networks assumes no risk for damage in transit. Following warranty repair, the product will be returned to Buyer, transportation prepaid (FOB Destina- tion). If Fluke Networks determines that failure was caused by neglect, misuse, contamination, alteration, accident or abnormal condition of operation or handling, or normal wear and tear of mechanical components, Fluke Networks will provide an estimate of repair costs and ob- tain authorization before commencing the work. Following repair, the product will be returned to the Buyer transportation prepaid and the Buyer will be billed for the repair and return transportation charges (FOB Shipping Point).

THIS WARRANTY IS BUYER'S SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IM- PLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FLUKE NETWORKS SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAM- AGES OR LOSSES, INCLUDING LOSS OF DATA, ARISING FROM ANY CAUSE OR THEORY.

Since some countries or states do not allow limitation of the term of an implied warranty, or exclusion or limitation of incidental or consequen- tial damages, the limitations and exclusions of this warranty may not apply to every buyer. If any provision of this Warranty is held invalid or unenforceable by a court or other decision-maker of competent jurisdiction, such holding will not affect the validity or enforceability of any other provision.

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Fluke Networks PO Box 777

Everett, WA 98206-0777

USA