Warranty – Ericsson LBI-38823C User Manual

Page 63

WARRANTY

Ericsson Inc. (hereinafter "Seller") warrants to the original purchaser for use (hereinafter
"Buyer") that Equipment manufactured by Seller shall be free from defects in material,
workmanship and title, and shall conform to its published specifications. With respect to any
Equipment not manufactured by Seller (except for integral parts of Seller’s Equipment to which
the warranties set forth above shall apply). Seller gives no warranty, and only the warranty, if
any, given by the manufacturer shall apply. Batteries are excluded from this warranty but are
warranted under a separate Nickel-Cadmium Battery Warranty.

Seller’s obligations set forth in Paragraph C below shall apply only to failures to meet the above
warranties (except as to title) 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 occurrence:

for fuses, incandescent lamps, vacuum tubes and non-rechargeable batteries, operable
on arrival only.

for parts and accessories (except as noted in B.1) sold by Seller’s Service Parts
Operation, ninety (90) days.

for all other Equipment of Seller’s manufacture, one (1) year.

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, or (ii) by making available
at Seller’s factory any necessary repaired or replacement parts. 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 change only for the Equipment covered under
Paragraph B.3, and only during the first three (3) months following the date of sale to the Buyer.
Thereafter, labor will be charged at prevailing rates. To be eligible for no-charge labor, service
must be performed by an Authorized Service Center or other Servicer approved for these
purposes either at its place of business during normal business hours, 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. Equipment located off-shore is not
eligible for no-charge labor.

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.

The preceding paragraphs set forth the exclusive remedies for claims (except as to title) 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 FIT-
NESS FOR PARTICULAR PURPOSE SHALL APPLY. IN NO EVENT SHALL THE SELLER
BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR EXEM-
PLARY DAMAGES.

This warranty applies only within the United States.

1-800-528-7711 (Outside USA, 804-528-7711).

ECX-362S