Warranty Terms and Conditions
DIRECTLY GIVES RISE TO THE CLAIM. THIS CLAUSE WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE REMEDY AND THE EXPIRATION OF THESE WARRANTY TERMS.
General Conditions
AirLink shall have the right to assign any or all components of these Warranty Terms without the prior written consent of the other party. AirLink shall not be liable to Customer for any alleged loss or damages resulting from delays in performance (including for AirLink, loss or damages resulting from delivery of the Products being delayed) caused by any act of God, fire, casualty, flood, war, failure of public utilities, injunction or any act, exercise, assertion or requirement of governmental authority, earthquake, labor strike, riot, accident, shortage, delay in transportation or any other cause beyond the reasonable control of AirLink, and if AirLink shall have used its best efforts to avoid such occurrence and minimize its duration and has given prompt written notice to Customer, then AirLink's performance shall be excused and the time for performance shall be extended for the period of delay or inability to perform due to such occurrence. All notices and demands of any kind which either party may be required or desire to serve upon the other under the terms of this Agreement shall be in writing and shall be served by personal service or by registered mail, postage prepaid, to AirLink (Att: VP/Operations) at the address set forth at the beginning of this Agreement, and to Customer, at the address provided by Customer to AirLink on the applica- ble purchase order. If any provision of these Warranty Terms shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby. The laws of the State of California shall govern these Warranty Terms. These Warranty Terms constitute the entire agreement between the parties hereto pertain- ing to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly canceled and/or superseded. These Warranty Terms shall prevail notwithstanding any variance with terms and conditions of any purchase order. Any modifi- cations of these Warranty Terms must be in writing and signed by a duly authorized officer of both parties hereto.
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