WARRANTY: ADTRAN warrants that items manufactured by ADTRAN and supplied under Buyer’s order shall be free from defects in materials and workmanship and will conform to applicable specifications and drawings. ADTRAN’s liability herein, whether based upon breach of warranty or contract or negligence in manufacture, shall be limited to replacement or repair at ADTRAN’s election of all such defective or nonconforming items, provided that this warranty shall apply only where Buyer has given ADTRAN written notice of such defects or nonconformity within five (5) years* after delivery by ADTRAN of such items to Buyer. ADTRAN shall have the right prior to return to inspect at Buyer’s plant any items claimed to be defective or nonconforming.
*Note: The following items carry warranty period as shown.
1.Items not of ADTRAN manufacture will carry the remaining warranty and related terms and conditions of the original manufacturer.
2.Encapsulated
The foregoing constitutes the sole and exclusive remedy of the Buyer and exclusive liability of ADTRAN AND IS IN LIEU OF ANY AND ALL OTHER WARRANTIES EXPRESSED OR IMPLIED OR STATUTORY AS TO MER- CHANTABILITY, FITNESS FOR PURPOSE SOLD, DESCRIPTION, QUAL- ITY, PRODUCTIVENESS OR ANY OTHER MATTER. Without limiting the foregoing, in no event shall ADTRAN be liable for the loss of use or profit or other collateral, special or consequential damages.
RETURNS: Return authorization must be obtained from ADTRAN prior to return of any items, including those for repair. Buyer’s right to repair or replacement are governed by this Warranty. Issuance of credit for returned items shall be made at ADTRAN’s discretion upon Buyer’s request. All returns for credit accepted by ADTRAN are subject to a restocking fee.
SHIPPING: The cost of shipping the equipment from Buyer’s facility back to ADTRAN shall be paid by the Buyer. The cost for return shipping of the equipment by surface carrier shall be paid by ADTRAN. ADTRAN will utilize other means of express shipment at the request of the Buyer. The cost of shipping shall be paid by the Buyer if express shipment is requested. In- warranty equipment returned for repair that is found not defective will carry a nominal charge to cover handling cost.
OUT OF WARRANTY: The cost of