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Limited warranty – Blonder Tongue BIDA 5400 Series Indoor Distribution Amplifier (750 MHz, 30 dB) User Manual

Page 7

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Limited Warranty

Blonder Tongue Laboratories, Inc. (BT) will at its sole option, either repair or replace (with a new or factory reconditioned product,

as BT may determine) any product manufactured by BT which proves to be defective in materials or workmanship or fails to

meet the specifications which are in effect on the date of shipment or such other specifications as may have been expressly

agreed upon in writing (i) 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 specific to the particular software being licensed), with respect to iCentral™ (hardware and

software) and all other software products (including embedded software) licensed from BT, (ii)) for a period of one (1) year from

the date of original purchase, with respect to all MegaPort, IPTV products and fiber optics receivers, transmitters, couplers and

integrated receivers/distribution amplifiers (including TRAILBLAZER™, RETRO-LINX™ and TWIN STAR™ products) as well as for

VideoCipher® & DigiCipher® satellite receivers, and (iii) for a period of three (3) years from the date of original purchase, with

respect to all other BT products. Notwithstanding the foregoing, in some cases, the warranty on certain proprietary sub-assembly

modules manufactured by third party vendors and contained in BT products and on certain private-label products manufactured

by third parties for resale by BT are of shorter duration or otherwise more limited than the standard BT limited warranty. In such

cases, BT’s warranty with respect to such third party proprietary sub-assembly modules and private-label products will be limited

to the duration and other terms of such third party vendor’s warranty. In addition, certain products, that are not manufactured

but are resold by BT, carry the original OEM warranty for that product. The limited warranty set forth in this paragraph does not

apply to any product sold by BT, which at the time of sale constituted a Closeout Product.

BT will at its sole option, either repair or replace (with a new or factory reconditioned product, as BT may determine) any product

sold by BT which at the time of sale constituted a refurbished or closeout items (“Refurbished Product” and “Closeout Product”),

which proves to be defective in materials or workmanship or fails to meet the specifications which are in effect on the date of

shipment or such other specifications as may have been expressly agreed upon in writing, for a period of ninety (90) days from

the date of original purchase. Notwithstanding the foregoing, in some cases, the warranty on third party software and on certain

proprietary sub-assembly modules manufactured by third party vendors and contained in BT products and on certain private-

label products manufactured by third parties for resale by BT are of shorter duration or otherwise more limited than the BT limited

warranty for Closeout Products. In such cases, BT’s warranty for Closeout Products constituting such third party software, third

party proprietary sub-assembly modules and private-label products will be limited to the duration and other terms of such third

party vendor’s warranty. In addition, notwithstanding the foregoing, (i) certain Closeout Products that are not manufactured (but

are resold) by BT, carry the original OEM warranty for such products, which may be longer or shorter than the BT limited warranty

for Refurbished or Closeout Products. All sales of Refurbished or Closeout Products are final.

To obtain service under this warranty, the defective product, together with a copy of the sales receipt or other satisfactory proof

of purchase and a brief description of the defect, must be shipped freight prepaid to: Blonder Tongue Laboratories, Inc., One Jake

Brown Road, Old Bridge, New Jersey 08857.

This warranty does not cover damage resulting from (i) use or installation other than in strict accordance with manufacturer’s

written 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) lack of reasonable care or (vi) wind, ice, snow, rain, lightning, or

any other weather conditions or acts of God.

OTHER THAN THE WARRANTIES SET FORTH ABOVE, BT MAKES NO OTHER WARRANTIES OR REPRESENTA-

TIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONDITION, DESCRIPTION, FITNESS FOR A PARTIC-

ULAR PURPOSE, MERCHANTABILITY OR AS TO ANY OTHER MATTER, AND SUCH WARRANTIES SUPERSEDE

ANY ORAL OR WRITTEN WARRANTIES OR REPRESENTATIONS MADE OR IMPLIED BY BT OR BY ANY OF BT’S

EMPLOYEES OR REPRESENTATIVES, OR IN ANY OF BT’S BROCHURES, MANUALS, CATALOGS, LITERATURE

OR OTHER MATERIALS. IN ALL CASES, BUYER’S SOLE AND EXCLUSIVE REMEDY AND BT’S SOLE OBLIGA-

TION 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 BT IN ITS SOLE DISCRETION SHALL

DETERMINE. BT SHALL IN NO EVENT AND UNDER NO CIRCUMSTANCES BE LIABLE OR RESPONSIBLE 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 BT.

All claims for shortages, defects and non-conforming goods must be made by Buyer in writing within five (5) days of receipt of

merchandise, which writing shall state with particularity all material facts, concerning the claim then known to Buyer. Upon any

such complaint, Buyer shall hold the goods complained of intact and duly protected, for a period of up to sixty (60) days. Upon

the request of BT, Buyer shall ship such allegedly nonconforming or defective goods, freight prepaid to BT for examination by

BT’s inspection department and verification of the defect. BT, at its option, will either repair, replace or issue a credit for products

determined to be defective. BT’s liability and responsibility for defective products is specifically limited to the defective item or to

credit towards the original billing. All such replacements by BT 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 BT. Under no circumstances are products to be returned to BT without BT’s prior written authorization. BT reserves the right

to scrap any unauthorized returns on a no-credit basis. Any actions for breach of this contract must be commenced by Buyer

within thirteen (13) months after the cause of action has accrued. A copy of BT’s standard terms and conditions of sale, including

the limited warranty, is available from BT upon request. Copies of the limited warranties covering third party proprietary sub-

assembly modules and private label products manufactured by third parties are also available from BT on request. VideoCipher®

& DigiCipher® are registered trademarks of Motorola Corp.

Rev 5/6/2009

Blonder Tongue Laboratories, Inc.

Limited Warranty

Blonder Tongue Laboratories, Inc. (BT) will at its sole option, either repair or replace (with a new or factory reconditioned product, as BT may

determine) any product manufactured by BT which proves to be defective in materials or workmanship or fails to meet the specifications which are

in effect on the date of shipment or such other specifications as may have been expressly agreed upon in writing (i) 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 specific to the particular software being

licensed), with respect to iCentral™ (hardware and software) and all other software products (including embedded software) licensed from BT, (ii) )

for a period of one (1) year from the date of original purchase, with respect to all MegaPort™, IPTV products, and fiber optics receivers, transmitters,

couplers and integrated receiver/distribution amplifiers (including TRAILBLAZER™, RETRO-LINX™ and TWIN STAR™ products) as well as for

DigiCipher ® satellite receivers, and (iii) for a period of three (3) years from the date of original purchase, with respect to all other BT products.

Notwithstanding the foregoing, in some cases, the warranty on certain proprietary sub-assembly modules manufactured by third-party vendors and

contained in BT products and on certain private–label products manufactured by third-parties for resale by BT are of shorter duration or otherwise

more limited than the standard BT limited warranty. In such cases, BT's warranty with respect to such third-party proprietary sub-assembly modules

and private-label products will be limited to the duration and other terms of such third-party vendor's warranty. In addition, certain products, that are

not manufactured but are resold by BT, carry the original OEM warranty for such products. The limited warranty set forth in this paragraph does not

apply to any product sold by BT, which at the time of sale constituted a Refurbished/Closeout Product.

(b) BT will at its sole option, either repair or replace (with a new or factory-reconditioned product, as BT may determine) any product sold by BT

which at the time of sale constituted a refurbished or closeout item (“Refurbished/Closeout Product”), which proves to be defective in materials or

workmanship or fails to meet the specifications which are in effect on the date of shipment or such other specifications as may have been expressly

agreed upon in writing, for a period of ninety (90) days from the date of original purchase. Notwithstanding the foregoing, in some cases the

warranty on third party software and on certain proprietary sub-assembly modules manufactured by third-party vendors and contained in BT products

and on certain private–label products manufactured by third-parties for resale by BT are of shorter duration or otherwise more limited than the BT

limited warranty for Refurbished/Closeout Products. In such cases, BT's warranty for Refurbished/Closeout Products constituting such third party

software, third-party proprietary sub-assembly modules and private-label products will be limited to the duration and other terms of such third-party

vendor's warranty. In addition, notwithstanding the foregoing, (i) certain Refurbished/Closeout Products that are not manufactured (but are resold)

by BT, carry the original OEM warranty for such products, which may be longer or shorter than the BT limited warranty for Refurbished/Closeout

Products. All sales of Refurbished/Closeout Products are final.

To obtain service under this warranty, the defective product, together with a copy of the sales receipt or other satisfactory proof of purchase and a

brief description of the defect, must be shipped freight prepaid to: Blonder Tongue Laboratories, Inc., One Jake Brown Road, Old Bridge, New

Jersey 08857.

This warranty does not cover damage resulting from (i) use or installation other than in strict accordance with manufacturer's written 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) lack of reasonable care or (vi) wind, ice, snow, rain, lightning, or any other weather conditions or acts of God.

OTHER THAN THE WARRANTIES SET FORTH ABOVE, BT 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 SUPERSEDE ANY ORAL OR WRITTEN

WARRANTIES OR REPRESENTATIONS MADE OR IMPLIED BY BT OR BY ANY OF BT’S EMPLOYEES OR

REPRESENTATIVES, OR IN ANY OF BT’S BROCHURES MANUALS, CATALOGS, LITERATURE OR OTHER MATERIALS. IN

ALL CASES, BUYER’S SOLE AND EXCLUSIVE REMEDY AND BT’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 BT IN ITS SOLE DISCRETION SHALL DETERMINE. BT SHALL IN NO EVENT AND

UNDER NO CIRCUMSTANCES BE LIABLE OR RESPONSIBLE 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 BT.

All claims for shortages, defects, and non-conforming goods must be made by the customer in writing within five (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 BT, the customer shall ship

such allegedly non-conforming or defective goods, freight prepaid to BT for examination by BT's inspection department and verification of the

defect. BT, at its option, will either repair, replace or issue a credit for products determined to be defective. BT's liability and responsibility for

defective products is specifically limited to the defective item or to credit towards the original billing. All such replacements by BT 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 BT. Under no circumstances are products to be returned to BT without BT's prior written authorization. BT

reserves the right to scrap any unauthorized returns on a no-credit basis. Any actions for breach of a contract of sale between BT and a customer must

be commenced by the customer within thirteen (13) months after the cause of action has accrued. A copy of BT's standard terms and conditions of

sale, including the limited warranty, is available from BT upon request. Copies of the limited warranties covering third-party proprietary sub-

assembly modules and private-label products manufactured by third-parties are also available from BT on request. DigiCipher ® is a registered

trademark of Motorola Corp. (

Rev 0509)