Limited Product Warranty - Symmetricom 8040C User Manual

Limited Product Warranty

1. Hardware and embedded software - For a period of one (1) year from date of shipment by
Symmetricom, Symmetricom warrants that all Products shall be free from defects in design,
material, and workmanship; shall conform to and perform in accordance with Symmetricom's
published specifications, if any; shall be free and clear of any liens and encumbrances; and shall
have good and valid title. This warranty will survive inspection, acceptance, and payment by
Buyer. Symmetricom does not warrant that the operation of such Products will be uninterrupted or
error free. This warranty does not cover failures caused by acts of God, electrical or
environmental conditions; abuse, negligence, accident, loss or damage in transit; or improper site
preparation.
This warranty shall be null and void in the event (i) Buyer or any third party attempts repair of the
goods without Symmetricom's advance written authorization, or (ii) defects are the result of
improper or inadequate maintenance by Buyer or third party; (iii) of damage to said goods by
Buyer or third party-supplied software, interfacing or supplies; (iv) of improper use (including
termination of non-certified third party equipment on Symmetricom's proprietary interfaces and
operation outside of the product's specifications) by Buyer or third party; or (v) the goods are
shipped to any country other than that originally specified in the Buyer's purchase order.
Goods not meeting the foregoing warranty will be repaired or replaced, at Symmetricom's option,
upon return to Symmetricom's factory freight prepaid; provided, however that Buyer has first
obtained a return materials authorization number ("RMA Number") from Symmetricom authorizing
such return. The RMA Number shall be placed on the exterior packaging of all returns.
Symmetricom will pay shipping costs to return repaired or replacement goods to Buyer.
Symmetricom reserves the right to disallow a warranty claim following an inspection of returned
product. When a warranty claim is questioned or disallowed, Symmetricom will contact Buyer by
telephone or in writing to resolve the problem.
2. Software - Symmetricom warrants that for a period of ninety (90) days from date of shipment
by Symmetricom the accompanying media will be free from defects in materials and workmanship
under normal use. The physical media warranty does not apply to defects arising from misuse,
theft, vandalism, fire, water, acts of God or other similar perils. Symmetricom will not be liable for
any damages caused by the Buyer's failure to fulfill its responsibilities as stated above.
3. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE HOWSOEVER ARISING.
4. Limitation of Liability - The remedies provided herein are the Buyer's sole and exclusive
remedies. In no event or circumstances will Symmetricom be liable to Buyer for indirect, special,
incidental or consequential damages, including without limitation, loss of revenues or profits,
business interruption costs, loss of data or software restoration, or damages relating to Buyer's
procurement of substitute products or services. Except for liability for personal injury or property
damage arising from Symmetricom's negligence or willful misconduct, in no event will
Symmetricom's total cumulative liability in connection with any order hereunder or Symmetricom's
Goods, from all causes of action of any kind, including tort, contract, negligence, strict liability and
breach of warranty, exceed the total amount paid by Buyer hereunder. SOME JURISDICTIONS
DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY, SO THE ABOVE
LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO ALL BUYERS.
15254-201.docx
3
Rev. C, 07/12/2011