WARRANTY
A.Ericsson Inc. (hereinafter "Seller") warrants to the original purchaser for use (hereinafter "Buyer") that Equipment manufactured by Seller shall be free from defects in material, workmanship and title, and shall conform to its published specifications. With respect to any Equipment not manufactured by Seller (except for integral parts of Seller’s Equipment to which the warranties set forth above shall apply). Seller gives no warranty, and only the warranty, if any, given by the manufacturer shall apply. Batteries are excluded from this warranty but are warranted under a separate
B.Seller’s obligations set forth in Paragraph C below shall apply only to failures to meet the above warranties (except as to title) occurring within the following periods of time from date of sale to the Buyer and are conditioned on Buyer’s giving written notice to Seller within thirty (30) days of such occurrence:
1.for fuses, incandescent lamps, vacuum tubes and
2.for parts and accessories (except as noted in B.1) sold by Seller’s Service Parts Operation, ninety (90) days.
3.for all other Equipment of Seller’s manufacture, one (1) year.
C.If any Equipment fails to meet the foregoing warranties, Seller shall correct the failure at its option (i) by repairing any defective or damaged part or parts thereof, or (ii) by making available at Seller’s factory any necessary repaired or replacement parts. Any repaired or replacement part furnished hereunder shall be warranted for the remainder of the warranty period of the Equipment in which it is installed. Where such failure cannot be corrected by Seller’s reasonable efforts, the parties will negotiate an equitable adjustment in price. Labor to perform warranty service will be provided at no change only for the Equipment covered under Paragraph B.3, and only during the first three (3) months following the date of sale to the Buyer. Thereafter, labor will be charged at prevailing rates. To be eligible for
D.Seller’s obligations under Paragraph C shall not apply to any Equipment, or part thereof, which
(i) has been modified or otherwise altered other than pursuant to Seller’s written instructions or written approval or, (ii) is normally consumed in operation or, (iii) has a normal life inherently shorter than the warranty periods specified in Paragraph B, or (iv) is not properly stored, installed, used, maintained or repaired, or, (v) has been subjected to any other kind of misuse or detrimental exposure, or has been involved in an accident.
E.The preceding paragraphs set forth the exclusive remedies for claims (except as to title) based upon defects in or nonconformity of the Equipment, whether the claim is in contract, warranty, tort (including negligence), strict liability or otherwise, and however instituted. Upon the expiration of the warranty period, all such liability shall terminate. The foregoing warranties are exclusive and in lieu of all other warranties, whether oral, written, expressed, implied or statutory. NO IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY OR FIT-
NESS FOR PARTICULAR PURPOSE SHALL APPLY. IN NO EVENT SHALL THE SELLER BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR EXEM- PLARY DAMAGES.
This warranty applies only within the United States.
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