MM23016

9 WARRANTY

A. M/A-COM, Inc. (hereinafter "Seller") warrants to the original purchaser for use (hereinafter "Buyer") that Equipment
manufactured by or for the Seller shall be free from defects in material and workmanship, and shall conform to its
published specificatio ns. With respect to all non-M/A-COM Equipment, Seller gives no warrant y, and only the warranty, if
any, given by the manufacturer shall apply. Rechargeable batteries are excluded from this warranty but are warranted
under a separate Rechargeable Battery Warranty (ECR-7048).
B. Seller’s obligations set forth in Paragraph C below shall apply only to failures to meet the above warranties occurring
within the following periods o f time from date of sale to the Buyer and are conditioned on Buyer’s givi ng written notice to
Seller within thirty (30) days of such occurrence:
1. for fuses and non-rechargeable batteries, o perable on arrival only.
2. for parts and accessories (excep t as no ted in B.1) sold by Seller’s Service Parts Opera tion, nine ty (90 ) day s.
3. for PANTHER™ Series hand p ortable and mobile ra dios, two (2) y ears.
4. 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, (ii) by making available at Seller’s factory any necessary repaired or
replacement parts, or (iii) by replacing the failed Equipment with equivalent new or refurbished Equipment. Any repaired
or replacement part fur nished hereunder shall be warranted for the r emainder of the warranty perio d 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 adjust ment in price. Labor to perform warranty ser vice will be provided at no charge during the warranty period
only for the Equipment covered under Paragraph B.3 and B.4. To be eligible for no-charge labor, service must be
performed at a M/A-COM factory, by an A uthorized Service Center (ASC) or oth er Servicer approved for these p urposes
either at its place of business during normal business hours, for mobile or personal equipment, or at th e Buyer’s location,
for fixed location equipment. Service on fixed location equipment more than thirty (30) miles from the Service Center or
other approved Servicer’s place of business will include a charge for transportatio n.
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 based upon defects in or nonconformity of the
Equipment, whether the claim is in contract, warranty, tort (includin g negligence), strict liabilit y or otherwise, and h owever
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 FITNESS FOR PARTICULAR PURPOSE SHALL APPLY. IN
NO EVENT SHALL THE SELLER BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR
EXEMPLARY DAMAGES.
This warranty applies only within the United States.
M/A-COM, Inc. M/A-COM, Inc
1011 Pawtucket Blvd. 221 Jefferson Ridge Parkway
Lowell, MA 01853 Lynchburg, VA 24501
1-877-OPENSKY 1-800-528-7711
ECR-7047C
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