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Preliminary Document
a.
b.
c.
3.
Limitations of Liabilities
EMS Wireless' liability on any claim of any kind, including negligence, for any
loss or damage arising from, connected with, or resulting from the purchase
order, contract, or quotation, or from the performance or breach thereof, or from
the design, manufacture, sale, delivery, installation, inspection, operation or use
of any equipment covered by or furnished under this contract, shall in no case
exceed the purchase price of the device which gives rise to the claim.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, EMS WIRELESSMAKES NO
WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO ANY
GOODS, PARTS AND SERVICES PROVIDED IN CONNECTION WITH THIS
AGREEMENT INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WIRELESSSHALL NOT BE LIABLE FOR ANY OTHER DAMAGE INCLUDING, BUT
NOT LIMITED TO, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF OR IN CONNECTION WITH FURNISHING OF GOODS, PARTS AND
SERVICE HEREUNDER, OR THE PERFORMANCE, USE OF, OR INABILITY TO USE
THE GOODS, PARTS AND SERVICE.
EMS Wireless test reports or data indicating mean-time-to-failure, mean-time-
between-failure, or other reliability data are design guides and are not intended to
imply that individual products or samples of products will achieve the same
results. These numbers are to be used as management and engineering tools,
and are not necessarily indicative of expected field operation. These numbers
assume a mature design, good parts, and no degradation of reliability due to
manufacturing procedures and processes.
TM
Link2Cell
-19
Manual
Confidential
Return authorization shall be received from the EMS Wireless Customer
Service prior to returning any device. Advise the EMS Wireless Customer
Service of the model, serial number, and the discrepancy. The device
shall then be forwarded to EMS Wireless, transportation prepaid. Devices
returned freight collect or without authorization may not be accepted.
Prior to repair, EMS Wireless Customer Service will advise the customer
of EMS Wireless test results and will advise the customer of any charges
for repair (usually for customer caused problems or out-of-warranty
conditions).
If returned devices meet full specifications and do not require repair, or if
non-warranty repairs are not authorized by the customer, the device may
be subject to a standard evaluation charge. Customer approval for the
repair and any associated costs will be the authority to begin the repair at
EMS Wireless. Customer approval is also necessary for any removal of
certain parts, such as connectors, which may be necessary for EMS
Wireless testing or repair.
Repaired products are warranted for the balance of the original warranty
period, or at least 90 days from date of shipment.
EMS Wireless
EMS
6
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