MM23016, Rev. C
101
16 WARRANTY
A. M/A-COM, I nc. (h er ein after " Sel ler ") warran ts to the ori gina l pur chas er for use ( her ei naft er "B u yer") th at Eq uip me nt ma nuf actured
by or for the Seller shal l be free fro m defects in mat erial a nd wo rkma nship , and shall c onfor m to its pu blish ed spec ific ations . Wit h
respect to all non-M/A-COM Equipment, Seller gives no warranty, 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 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 occurrenc e:
1. for fuses and non-rechargeable batteries, operable on arrival only.
2. for parts and accessories (except as noted in B.1) sold by Seller’s Service Parts Operation, ninety (90) days.
3. for P7200, P7100IP, P5400, P5300, P5200, P5100, P3300, PANTHER™ 405P and 605P, M7300, M7200 (including V-TAC),
M7100 IP, M5300 and M3300 radios, two (2) years, effective 10/01/2007.
4. for all other equipment of Seller’s manufacture, one (1) year.
C. If any Equi pm ent f ails to meet t h e fore goi ng warrant ies , Sell er shall correc t th e fail ur e at its opt ion (i) b y repai ri ng an y de fect iv e 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 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 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 Authorized
Service Ce nt er (ASC) or oth er Servicer approved for thes e p ur p os es e it h er a t i ts place of bus i n es s du ri n g n or m al business ho urs,
for mobile or personal equipment, or at the 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
transportation.
D. Seller’s obligations under Paragraph C shall not apply to any Equipment, or part thereof, which (i) has been modified or otherwise
altered ot her t ha n purs u ant t o Sell er’s writte n ins tr uct ions or writt en appr ov al o r, (ii ) is n orm all y c ons um ed in op erati on or, ( iii) has
a normal li fe inherently s horter than the warrant y periods spec ified in Paragrap h B, or (iv) is not pr operly stored, ins talled, 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 (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 FITNESS FOR PARTICULAR PURPOSE SHALL APPLY. IN NO EVENT SHALL THE SELLER BE
LIABLE FOR AN Y 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-7047F