Drake DTA-RPS12-DTA Rack W/Supply - Manual (Page 4)

LIMITED WARRANTY
Seller will at its sole op on, either repair or replace (with a new or factory recondi oned product, as Seller may determine) any product manufactured or sold (or in the
case of so ware, licensed) by Seller which is defec ve in materials or workmanship or fails to meet the applicable specifi ca ons that are in eff ect on the date of shipment
or such other specifi ca ons as may have been expressly agreed upon in wri ng: (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 op cs receivers, transmi ers, couplers and integrated receiver/distribu on amplifi ers; (iii) for a
period of one (1) year from the date of original purchase (or such shorter period of me as may be set forth in the license agreement specifi c to the par cular so ware
being licensed from Seller) with respect to all so ware products licensed from Seller (other than Core Product So ware) that is (a) developed for a specifi c func on or
applica on, (b) complimentary to and does not func on without the Core Product So ware, and (c) listed with a specifi c model number and stock number in Seller’s
Price List (“Non-Core So ware”); (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, spli ers and all other products sold by Seller (other than Core Product So ware 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 essen al for the
func onality thereof as specifi cally stated in the published product specifi ca ons (“Core Product So ware”) will be coincident with the warranty period of the applicable
hardware product within which such Core Product So ware is installed.
So ware patches, bug fi xes, updates or workarounds do not extend the original warranty period of any Core Product So ware or Non-Core So ware.
Notwithstanding anything herein to the contrary,
(i) Seller’s sole obliga on for so ware that when properly installed and used does not substan ally conform to the published specifi ca ons in eff ect when the so ware
is fi rst shipped by Seller, is to use commercially reasonable eff orts to correct any reproducible material non-conformity (as determined by Seller in its sole discre on) by
providing the customer with: (a) telephone or e-mail access to report non-conformance so that Seller can verify reproducibility, (b) a so ware patch or bug fi x, if available
or a workaround to bypass the issue if available, and (c) where applicable, replacement or damaged or defec ve external media, such as CD-ROM disk, on which the
so ware was originally delivered;
(ii) Seller does not warrant that the use of any so ware will be uninterrupted, error-free, free of security vulnerabili es or that the so ware will meet the customer’s
par cular requirements; and the customer’s sole and exclusive remedy for breach of this warranty is, at Seller’s op on, to receive (a) suitably modifi ed so ware, or part
thereof, or (b) comparable replacement so ware or part thereof;
(iii) Seller retains all right, tle and interest in and to and ownership of all so ware (including all Core Product So ware and Non-Core So ware) including any and all
enhancements, modifi ca ons 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
so ware installed in certain of Seller’s products, and on certain private–label products manufactured by third-par es for resale by Seller, will be of shorter dura on 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 so ware and private-label products will be limited to the dura on and other terms of such third-party vendor’s warranty, if any. In addi on, 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 me of sale cons tuted a Refurbished/Closeout Product, the limited warranty for which is provided in the following
paragraph.
Seller will at its sole op on, either repair or replace (with a new or factory-recondi oned product, as Seller may determine) any product sold by Seller which at the
me of sale cons tuted a refurbished or closeout item (“Refurbished/Closeout Product”), which is defec ve in materials or workmanship or fails to meet the applicable
specifi ca ons that are in eff ect on the date of shipment of that product or fails to meet such other specifi ca ons as may have been expressly agreed upon in wri ng
between the par es, for a period of ninety (90) days from the date of original purchase. Notwithstanding the foregoing, in some cases the warranty on certain propri-
etary sub-assembly modules manufactured by third-party vendors and contained in Seller products, third party so ware installed in certain of Seller’s products, and
on certain private–label products manufactured by third-par es for resale by Seller will be of shorter dura on or otherwise more limited than Seller limited warranty
for Refurbished/Closeout Products. In such cases, Seller’s warranty for Refurbished/Closeout Products cons tu ng such third party proprietary sub-assembly modules,
third party so ware, and private-label products will be limited to the dura on and other terms of such third-party vendor’s warranty, if any. In addi on, 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 defec ve product, together with a copy of the sales receipt, serial number if applicable, or other sa sfactory proof of purchase
and a brief descrip on 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 resul ng from (i) use or installa on other than in strict accordance with manufacturer’s wri en instruc-
ons, (ii) disassembly or repair by someone other than the manufacturer or a manufacturer-authorized repair center, (iii) misuse, misapplica on or abuse, (iv) altera on,
(v) exposure to unusual physical or electrical stress, abuse or accident or forces or exposure beyond normal use within specifi ed opera onal or environmental param-
eters set forth in applicable product specifi ca ons, (vi) lack of reasonable care or (vii) wind, ice, snow, rain, lightning, or any other weather condi ons 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 MANUALS, 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 RESPON-
SIBLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, DIRECT OR SPECIAL 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 wri ng within fi ve (5) days of receipt of merchandise, which wri ng
shall state with par cularity 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 defec ve goods,
freight prepaid to Seller for examina on by Seller’s inspec on department and verifi ca on of the defect. Seller, at its op on, will either repair, replace or issue a credit
for products determined to be defec ve. Seller’s liability and responsibility for defec ve products is specifi cally limited to the defec ve 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
wri en authoriza on. Seller reserves the right to scrap any unauthorized returns on a no-credit basis. Any ac ons for breach of a contract of sale between Seller and a
customer must be commenced by the customer within thirteen (13) months a er the cause of ac on has accrued. A copy of Seller’s standard terms and condi ons of
sale, including the limited warranty, is available from Seller upon request. Copies of the limited warran es covering third-party proprietary sub-assembly modules and
private-label products manufactured by third-par es may also be available from Seller on request. (Rev 0713)
R.L. DRAKE HOLDINGS, LLC. 710 Pleasant Valley Drive Springboro, OH 45066 USA http://rldrake.com
SALES PH: 937.746.4556 TOLL FREE: 800.777.8876 SALES FAX: 937.806.1510 SERVICE PH: 937.746.6990 SERVICE FAX: 937.806.1510
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