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Warranty
1. ACKNOWLEDGMENT AND ACCEPTANCE.
Acknowledgment and acceptance of any order by seller is
expressly limited to and made conditional upon the terms
and conditions contained herein. Any of the buyer's terms
and conditions which are in addition to or different from
those contained herein and which are not separately agreed
to in writing (except additional provisions specifying quality,
character of the products ordered, and shipping instructions)
are hereby objected to and shall be of no effect. The buyer
shall be deemed to have assented to all terms and conditions
contained herein if any part of the products described herein
is accepted.
2. ENTIRE AGREEMENT. This instrument contains
the entire and only agreement between the parties hereto
relating to the subject matter hereof, and any representation,
affirmation of fact, and course of prior dealings, promise or
condition in connection, therewith, or usage of the trade not
incorporated herein, shall not be binding on either party. The
rights and obligations contained herein shall inure to and be
bind upon the parties, their legal representatives, successors,
and permitted assigns.
3. WARRANTY. Seller warrants that upon delivery to the
Buyer, the product sold thereunder shall be free of defects
in materials and workmanship and that such product shall
substantially conform to the specifications provided by Seller.
This Warranty commences on the date of delivery to the Buyer
unless another time for commencement has been negotiated
between Seller and Buyer prior to such delivery. Should
the product be delivered through a third party (UPS, USPS,
Federal Express, etc.) the warranty period shall commence
on the date that such third party receives the product unless
another time for commencement has been negotiated between
Seller and Buyer prior to such delivery. The duration of the
Warranty shall be one (1) year from the date of delivery as
set forth above. This Warranty shall be effective only if Seller
receives notice of such defects in materials and workmanship
during the period of the Warranty stated above. After Seller
receives such notice, Buyer shall obtain a Return Material
Authorization (hereafter RMA) number. To obtain an RMA
number, Buyer shall contact Seller's Customer Service
Department, with the model number(s), serial number(s),
and original purchase order number(s) of the product or
products. Buyer shall include a brief description of the
problem or failure mode experienced. Buyer shall mark the
outside of the package containing the product or products,
conspicuously, with the letters RMA and the number
assigned by Seller. Any packaged returned without RMA and
the RMA number clearly visible will be rejected at Seller's
receiving dock. After Buyer has provided notice and obtained
the appropriate RMA number, Buyer shall return the product,
upon request, to General Digital Corporation, 8 Nutmeg
Road South, South Windsor, CT 06074, not later than thirty
(30) days after Seller's receipt of notice of the alleged problem
or failure mode. Buyer shall prepay all transportation charges
for return of the product(s) to Seller. Seller shall pay for the
cost of sending the product(s) back to Buyer. Transportation
charges to Buyer shall be deemed Best Way and any other
transportation charges shall be at the Buyer's cost. All costs
of customs clearance, shipping, and any other related charges
for transportation outside of the contiguous 48 United States
shall be at the Buyer's expense. After Buyer's compliance,
Seller shall, at Seller's option, repair or replace the product(s).
Excluded from this Warranty are all problems or failures
resulting from:
• Improper or inadequate maintenance of the product by the
Buyer;
• Unauthorized opening, servicing or modification of the
GENERAL DIGITAL CORPORATION
(Hereinafter Seller)
STANDARD TERMS AND CONDITIONS OF SALES
product by any means;
• Operation of the product outside its environmental
specifications;
• Neglect, misuse, abuse or accidental damage of the
product;
• Loss of illumination source (e.g., bulbs, LEDs) beyond its
expected lifetime;
• User-replaceable fuses;
• Modification or integration with other components
not covered by a Seller warranty when such integration
increases the likelihood of problems, failures, or damage.
Further, this warranty is between seller and buyer only, and
does not extend to buyer's customers or users of buyer's
products. In addition, and in the event that buyer integrates
seller's product with components manufactured or supplied
by any other company, this warranty shall only relate to
defects in materials and workmanship of seller's product and
not to problems with or failures of seller's product caused
by other components integrated with it. Seller's rendering
of technical advise and/or assistance or Seller's performance
of service work in connection with Buyer's order of the
product(s) shall not change or enhance this warranty in any
way. Buyer's reliance on Seller's skill or judgment to select
or furnish suitable goods shall be at Buyer's risk. Seller shall
not be liable for any direct, indirect, special incidental, or
consequential damages including, but not limited to, loss of
profits and/or destruction of other property, caused by any
application of the product(s) and/or its integration with other
components. Seller's liability shall be limited to the amount
paid by the Buyer for the product(s). The aforementioned
remedies are in lieu of and exclude all others. Buyer assumes all
other risks and liabilities for loss, damages or injury, whether
or not caused by Seller's negligence, to persons or property
and arising out of, connected with, or resulting from, the use
of Seller's products or services either alone or in combination
with other products or services. Seller specifically excludes
any and all other warranties, written or oral, including, but
not limited to, implied warranties of merchantability and
fitness for a particular purpose.
4. SPECIAL PRODUCTS. The following provisions are to
be considered a part of all Special Product Acknowledgments
and Orders. Special Product orders are those calling for
products not contained in Seller's current catalog and price
list, or those requiring modifications to catalog products or
those requiring sample, environmental, mechanical or life
testing, 100% reliability screening, quality conformance
qualifications, or any combination thereof. These provisions
supersede any part of the other clauses relating to the same
project.
A. Delivery dates are best estimates only and are subject to
(1) Receipt by Seller of order and negotiated specifications
containing, where applicable, all quoted waivers and/or
exceptions, (2) successful, first time passage of products
submitted to electrical performance test, to environmental
and/or
life
test
specifications.
B. Seller assumes no responsibility for, refund or replacement
of products shipped at the Buyer's request prior to successful
completion of acceptance and/or qualification test performed
by Seller, except those subject only to Buyer's incoming
visual inspection.
5. PATENTS. Seller shall defend any suit or proceeding
which is based on a claim that any products or part thereof,
furnished under this contract constitutes an infringement
of any valid United States patent, if notified promptly in
writing and given authority, information and assistance for
the defense or settlement of same. In case said product, or
Saber PanelMount NVIS 90-3104-005 User's Manual
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processing
required
by
applicable
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