User's Guide

Preliminary RadarVision 2 User’s Guide
Appendix B
RADARVISION
®
PRODUCT WARRANTY
Covered Products
These warranties cover the following
equipment and products made and
provided by us:
RADARVISION
®
and
SOLDIERVISION
®
FAMILY OF
PRODUCTS
The warranty period for any Covered
Product or part furnished to you without a
pro rata charge as a warranty remedy will
be the remaining portion of the warranty
period applicable to the repaired or
replaced Covered Product. The warranty
period for any replacement Covered
Product or part furnished to you with a
pro rata charge as a warranty remedy will
be the full period of the warranty
applicable to the replacement Covered
Product.
Scope and Duration of Warranties
Product Warranties and Warranty
Period: We warrant to you that for one
(1) year from the date we deliver the
Product to the Carrier in Huntsville,
Alabama, the Covered Products listed in
our Purchase Order (except batteries)
will
(1) be free from defects in material,
workmanship, and title, and (2) conform
substantially to our published Covered
Product specifications in effect on the
date of shipment of the Covered Products.
Our published Covered Product
specifications are available on request.
Batteries are warranted only by the
original equipment manufacturer.
Patent and Copyright Warranty: We
warrant to you that when they are
delivered, the Covered Products will not
be subject to any valid patent or copyright
infringement claim.
We will defend or settle any suit against
you to the extent it is based on an
infringement claim that would be a breach
of the Patent and Copyright warranty,
provided we receive prompt written
notice of the claim, your cooperation in
its defense or settlement, and complete
and exclusive control over its defense or
settlement. If a court of competent
jurisdiction renders a final judgment that
the infringement claim is valid, we will
pay all damages and costs awarded
against you due to the breach. In addition,
we will either obtain a license for you to
continue using the infringing Covered
Product, provide a non-infringing
replacement, alter the Covered Product so
that it is non-infringing, or remove the
infringing Covered Product and refund
the price (less reasonable depreciation)
and any return transportation costs paid
by you.
Warranty Period: The warranty period
for all warranties listed above is limited in
time to one year from the date referenced
above.
Warranty Exclusions
These warranties are exclusive and in lieu
of all other warranties, whether written,
oral, expressed, implied or statutory. NO
EXPRESS OR IMPLIED
WARRANTIES OF
MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE
APPLY. THERE ARE NO
WARRANTIES WHICH EXTEND
BEYOND THOSE DESCRIBED IN
THIS DOCUMENT AND NO PRIOR
STATEMENTS BY ANY OF OUR
REPRESENTATIVES SHALL MODIFY
OR EXPAND THESE WARRANTIES.
The warranties do not cover:
A. Any defect or deficiency
(including failure to conform to our
published Covered Product
specifications) which results, in whole or
in part, from: (1) the opening and/or
tampering of the Product in any way
which breaks the new product seal or
which removes or makes illegible the
product serial number, (2) any improper
storage, handling, misuse, accident,
water, neglect or maintenance of the
Covered Products, or any alteration or
extraordinary use of the Covered
Products, by anyone other than us, (3)
failure to follow any of our written
instructions or recommendations, (4)
using or combining the Covered Products
with any item or data except as specified
in the Covered Product specifications or
using or combining the Covered Products
with any item or data that does not
properly and unambiguously exchange
data with the Covered Products in
accordance with the Covered Products’
specifications, (5) any of your designs,
specifications or instructions, (6) any
failure to use the Covered Products in
accordance with their specifications,
including upper and lower data limits, (7)
any freight costs associated with your
return of the Products to us for warranty
claims, and (8) any cause external to the
Covered Products as furnished by us or
beyond our reasonable control.
B. The payment or
reimbursement of any facility costs
arising from repair or replacement of the
Covered Products or parts.
C. Covered Products used or
exported outside the United States
without prior written consent and
necessary U.S. and foreign government
authorization.
Exclusive Warranty Remedies
Product Warranties: If you promptly
notify us of your warranty claim and
make the Covered Product available for
service, we will at our option, repair,
adjust or replace (with new or exchange
replacement parts) the non-conforming
Covered Product or parts of the Covered
Product. Warranty service will be
performed without charge from 8:00 a.m.
to 5:00 p.m., Monday-Friday Central
Time, excluding our holidays, and outside
those hours at our then prevailing service
rates and subject to the availability of
personnel. Please contact your sales
agent to arrange for Warranty Service.
Patent and Copyright Warranty:
Exclusive Remedies and Sole Liability:
The above remedies in this EXCLUSIVE
WARRANTY REMEDIES section are
your exclusive remedies and constitute
our sole liability for any warranty claims.
YOU AGREE THAT WE AND OUR
REPRESENTATIVES HAVE NO
LIABILITY TO YOU FOR (1) ANY
PENAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SUCH
AS EXCESS COSTS INCURRED AND
LOST PROFITS OR REVENUE, (2)
ANY ASSISTANCE NOT REQUIRED
UNDER OUR PURCHASE ORDER,
AND (3) ANYTHING OCCURRING
AFTER THE WARRANTY PERIOD
ENDS.
Voiding of Warranty: This Warranty
shall become void upon your failure to
pay in full for the Covered Product or
upon your material breach of any of the
Terms and Conditions of Sale.
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