Drake EH244 SERIES - Manual (Page 18)

EH244 ENCODER HOST SERIES
LIMITED WARRANTY
Seller will at its sole option, either repair or replace (with a new or factory reconditioned product, as Seller may determine) any product manufactured or
sold (or in the case of software, licensed) by Seller which is defective in materials or workmanship or fails to meet the applicable specifi cations that are
in effect on the date of shipment or such other specifi cations as may have been expressly agreed upon in writing: (i) for a period of three (3) years from
the date of original purchase for all stock hardware products (other than those specifi cally referenced herein below having a shorter warranty period); (ii)
for a period of one (1) year from the date of original purchase, with respect to all MegaPort™, IPTV products, test equipment and fi ber optics receivers,
transmitters, couplers and integrated receiver/distribution amplifi ers; (iii) for a period of one (1) year from the date of original purchase (or such shorter
period of time as may be set forth in the license agreement specifi c to the particular software being licensed from Seller) with respect to all software prod-
ucts licensed from Seller (other than Core Product Software) that is (a) developed for a specifi c function or application, (b) complimentary to and does not
function without the Core Product Software, and (c) listed with a specifi c model number and stock number in Seller’s Price List (“Non-Core Software”); (iv)
for a period of ninety (90) days from the date of original purchase, with respect to non-serialized products and accessories, such as parts, sub-assemblies,
splitters and all other products sold by Seller (other than Core Product Software and Refurbished/Closeout Products) not otherwise referred to in clauses
(i) through (iii) above. The warranty period for computer programs in machine-readable form included in a hardware product, which are essential for the
functionality thereof as specifi cally stated in the published product specifi cations (“Core Product Software”) will be coincident with the warranty period of
the applicable hardware product within which such Core Product Software is installed.
Software patches, bug fi xes, updates or workarounds do not extend the original warranty period of any Core Product Software or Non-Core Software.
Notwithstanding anything herein to the contrary,
(i) Seller’s sole obligation for software that when properly installed and used does not substantially conform to the published specifi cations in effect when
the software is fi rst shipped by Seller, is to use commercially reasonable efforts to correct any reproducible material non-conformity (as determined by Sell-
er in its sole discretion) by providing the customer with: (a) telephone or e-mail access to report non-conformance so that Seller can verify reproducibility,
(b) a software patch or bug fi x, if available or a workaround to bypass the issue if available, and (c) where applicable, replacement or damaged or defective
external media, such as CD-ROM disk, on which the software was originally delivered;
(ii) Seller does not warrant that the use of any software will be uninterrupted, error-free, free of security vulnerabilities or that the software will meet the
customer’s particular requirements; and the customer’s sole and exclusive remedy for breach of this warranty is, at Seller’s option, to receive (a) suitably
modifi ed software, or part thereof, or (b) comparable replacement software or part thereof;
(iii) Seller retains all right, title and interest in and to and ownership of all software (including all Core Product Software and Non-Core Software) including
any and all enhancements, modifi cations and updates to the same; and
(iv) in some cases, the warranty on certain proprietary sub-assembly modules manufactured by third-party vendors and contained in Seller’s products,
third party software installed in certain of Seller’s products, and on certain private–label products manufactured by third-parties for resale by Seller, will
be of shorter duration or otherwise more limited than the standard Seller limited warranty. In such cases, Seller’s warranty with respect to such third-party
proprietary sub-assembly modules, third-party software and private-label products will be limited to the duration and other terms of such third-party ven-
dor’s warranty, if any. In addition, certain products, that are not manufactured by Seller, but are resold by Seller, may carry the original OEM warranty for
such products, if any. The limited warranty set forth above does not apply to any product sold by Seller, which at the time of sale constituted a Refurbished/
Closeout Product, the limited warranty for which is provided in the following paragraph.
Seller will at its sole option, either repair or replace (with a new or factory-reconditioned product, as Seller may determine) any product sold by Seller which
at the time of sale constituted a refurbished or closeout item (“Refurbished/Closeout Product”), which is defective in materials or workmanship or fails to
meet the applicable specifi cations that are in effect on the date of shipment of that product or fails to meet such other specifi cations as may have been
expressly agreed upon in writing between the parties, for a period of ninety (90) days from the date of original purchase. Notwithstanding the foregoing, in
some cases the warranty on certain proprietary sub-assembly modules manufactured by third-party vendors and contained in Seller products, third party
software installed in certain of Seller’s products, and on certain private–label products manufactured by third-parties for resale by Seller will be of shorter
duration or otherwise more limited than Seller limited warranty for Refurbished/Closeout Products. In such cases, Seller’s warranty for Refurbished/Close-
out Products constituting such third party proprietary sub-assembly modules, third party software, and private-label products will be limited to the duration
and other terms of such third-party vendor’s warranty, if any. In addition, notwithstanding the foregoing, (i) certain Refurbished/Closeout Products that are
not manufactured (but are resold) by Seller, may carry the original OEM warranty for such products, if any, which may be longer or shorter than Seller’s
limited warranty for Refurbished/Closeout Products. All sales of Refurbished/Closeout Products are fi nal.
To obtain service under this warranty, the defective product, together with a copy of the sales receipt, serial number if applicable, or other satisfactory proof
of purchase and a brief description of the defect, must be shipped freight prepaid to Seller at the following address: One Jake Brown Road, Old Bridge,
New Jersey 08857..
This warranty does not cover failure of performance or damage resulting from (i) use or installation other than in strict accordance with manufacturer’s writ-
ten instructions, (ii) disassembly or repair by someone other than the manufacturer or a manufacturer-authorized repair center, (iii) misuse, misapplication
or abuse, (iv) alteration, (v) exposure to unusual physical or electrical stress, abuse or accident or forces or exposure beyond normal use within specifi ed
operational or environmental parameters set forth in applicable product specifi cations, (vi) lack of reasonable care or (vii) wind, ice, snow, rain, lightning,
or any other weather conditions or acts of God.
OTHER THAN THE WARRANTIES SET FORTH ABOVE, SELLER MAKES NO OTHER WARRANTIES OR REPRESENTATIONS OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE CONDITION, DESCRIPTION, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR AS TO ANY
OTHER MATTER, AND SUCH WARRANTIES SET FORTH ABOVE SUPERSEDE ANY ORAL OR WRITTEN WARRANTIES OR REPRESENTATIONS
MADE OR IMPLIED BY SELLER OR BY ANY OF SELLER’S EMPLOYEES OR REPRESENTATIVES, OR IN ANY OF SELLER’S BROCHURES MAN-
UALS, CATALOGS, LITERATURE OR OTHER MATERIALS. IN ALL CASES, BUYER’S SOLE AND EXCLUSIVE REMEDY AND SELLER’S SOLE
OBLIGATION FOR ANY BREACH OF THE WARRANTIES CONTAINED HEREIN SHALL BE LIMITED TO THE REPAIR OR REPLACEMENT OF THE
DEFECTIVE PRODUCT F.O.B. SHIPPING POINT, AS SELLER IN ITS SOLE DISCRETION SHALL DETERMINE. SELLER SHALL IN NO EVENT AND
UNDER NO CIRCUMSTANCES BE LIABLE OR RESPONSIBLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, DIRECT OR SPE-
CIAL DAMAGES BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT LIABILITY OR OTHERWISE
OR ANY OTHER LEGAL THEORY, ARISING DIRECTLY OR INDIRECTLY FROM THE SALE, USE, INSTALLATION OR FAILURE OF ANY PRODUCT
ACQUIRED BY BUYER FROM SELLER.
All claims for shortages, defects, and non-conforming goods must be made by the customer in writing within fi ve (5) days of receipt of merchandise, which
writing shall state with particularity all material facts concerning the claim then known to the customer. Upon any such claim, the customer shall hold the
goods complained of intact and duly protected, for a period of up to sixty (60) days. Upon the request of Seller, the customer shall ship such allegedly
non-conforming or defective goods, freight prepaid to Seller for examination by Seller’s inspection department and verifi cation of the defect. Seller, at its
option, will either repair, replace or issue a credit for products determined to be defective. Seller’s liability and responsibility for defective products is spe-
cifi cally limited to the defective item or to credit towards the original billing. All such replacements by Seller shall be made free of charge f.o.b. the delivery
point called for in the original order. Products for which replacement has been made under the provisions of this clause shall become the property of Seller.
Under no circumstances are products to be returned to Seller without Seller’s prior written authorization. Seller reserves the right to scrap any unauthorized
returns on a no-credit basis. Any actions for breach of a contract of sale between Seller and a customer must be commenced by the customer within thir-
teen (13) months after the cause of action has accrued. A copy of Seller’s standard terms and conditions of sale, including the limited warranty, is available
from Seller upon request. Copies of the limited warranties covering third-party proprietary sub-assembly modules and private-label products manufactured
by third-parties may also be available from Seller on request. (Rev 0713)
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