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E .
R E M E D I E S
A V A I L A B L E
T O
T H E
G O V E R N M E N T
O R
E N D - U S E R
1. The rights and remedies of the Government or end-user provided in
the contract warranty clause apply notwithstanding inspection and
acceptance by the Government or end-user of supplies furnished
under end-user's purchase order/contract, or any conditions of the
contract concerning the conclusiveness thereof.
2. The rights and remedies of the Government or end-user provided in
this warranty are in addition to and do not limit any rights afforded
to the Government or end-user by any other clause of end-user's
purchase order/contract or by operation of law.
F .
D I S A G R E E M E N T S
P E R T A I N I N G
T O
W A R R A N T Y
C O V E R A G E
1. When supplies have been returned by the end-user pursuant to
Motorola's instruction, and Motorola upon examination of the
supplies, determines the problem to be outside the scope of the
warranty set forth Motorola will promptly notify the user of this
determination and inform the user that written authorization from
the end-user's contracting personnel is needed before Motorola
can make any repairs or replacements outside the scope of the
w a r r a n t y.
Notwithstanding any determination by Motorola that defects in the
supplies are outside the scope of the warranty. Motorola shall bear
the risk of loss or damage and shall be liable for any and all costs
associated with the transportation of the supplies to Motorola's
facility and the return thereof to the end-user, provided that the sup¬
plies were shipped to Motorola's facility pursuant to Motorola's
i n s t r u c t i o n . M o t o r o l a s h a l l a l s o b e a r a l l c o s t s a s s o c i a t e d w i t h i t s
examination, handling and storage of supplies the end-user reason¬
ably expected to be covered by the warranty. In the event, however,
that Motorola fails to receive appropriate written authorization
from the end-user within 60 calendar days from the date the end-
user was notified of Motorola's out-of-warranty determination.
Motorola may, without notice to the end-user, but at Motorola's
expense, return the supplies to the end-user.
2 .
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