Limitations of warranty, Exclusive remedies – Comtech EF Data CDM-600/600L User Manual
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CDM-600/600L Open Network Satellite Modem
Revision 3
Preface
MN/CDM600L.IOM
xx
Limitations of Warranty
The warranty does not apply to any part of a product that has been installed, altered,
repaired, or misused in any way that, in the opinion of Comtech EF Data Corporation,
would affect the reliability or detracts from the performance of any part of the product, or
is damaged as the result of use in a way or with equipment that had not been previously
approved by Comtech EF Data Corporation.
The warranty does not apply to any product or parts thereof where the serial number or the
serial number of any of its parts has been altered, defaced, or removed.
The warranty does not cover damage or loss incurred in transportation of the product.
The warranty does not cover replacement or repair necessitated by loss or damage from
any cause beyond the control of Comtech EF Data Corporation, such as lightning or other
natural and weather related events or wartime environments.
The warranty does not cover any labor involved in the removal and or reinstallation of
warranted equipment or parts on site, or any labor required to diagnose the necessity for
repair or replacement.
The warranty excludes any responsibility by Comtech EF Data Corporation for incidental
or consequential damages arising from the use of the equipment or products, or for any
inability to use them either separate from or in combination with any other equipment or
products.
A fixed charge established for each product will be imposed for all equipment returned
for warranty repair where Comtech EF Data Corporation cannot identify the cause of the
reported failure.
Exclusive Remedies
Comtech EF Data Corporation’s warranty, as stated is in lieu of all other warranties,
expressed, implied, or statutory, including those of merchantability and fitness for a
particular purpose. The buyer shall pass on to any purchaser, lessee, or other user of
Comtech EF Data Corporation’s products, the aforementioned warranty, and shall
indemnify and hold harmless Comtech EF Data Corporation from any claims or liability
of such purchaser, lessee, or user based upon allegations that the buyer, its agents, or
employees have made additional warranties or representations as to product preference or
use.
The remedies provided herein are the buyer’s sole and exclusive remedies. Comtech EF
Data shall not be liable for any direct, indirect, special, incidental, or consequential
damages, whether based on contract, tort, or any other legal theory.