ADTRAN Express 3010 Manual page 12

WARRANTY: ADTRAN warrants that items manufactured by
ADTRAN and supplied under Buyer's order shall be free from de-
fects in materials and workmanship and will conform to applica-
ble specifications and drawings. ADTRAN's liability herein,
whether based upon breach of warranty or contract or negligence
in manufacture, shall be limited to replacement or repair at ADT-
RAN's election of all such defective or nonconforming items, pro-
vided that this warranty shall apply only where Buyer has given
ADTRAN written notice of such defects or nonconformity within
five (5) years* after delivery by ADTRAN of such items to Buyer.
ADTRAN shall have the right prior to return to inspect at Buyer's
plant any items claimed to be defective or nonconforming.
*Note: The following items carry warranty period as shown.
1. Items not of ADTRAN manufacture will carry the remain-
ing warranty and related terms and conditions of the origi-
nal manufacturer.
2. Encapsulated U-Repeater and Encapsulated DDS Repeater
- 2 years.
The foregoing constitutes the sole and exclusive remedy of the
Buyer and exclusive liability of ADTRAN AND IS IN LIEU OF
ANY AND ALL OTHER WARRANTIES EXPRESSED OR IM-
PLIED OR STATUTORY AS TO MERCHANTABILITY, FITNESS
FOR PURPOSE SOLD, DESCRIPTION, QUALITY, PRODUC-
TIVENESS OR ANY OTHER MATTER. Without limiting the fore-
going, in no event shall ADTRAN be liable for the loss of use or
profit or other collateral, special or consequential damages.
RETURNS: Return authorization must be obtained from ADT-
RAN prior to return of any items, including those for repair. Buy-
er's right to repair or replacement are governed by this Warranty.
Issuance of credit for returned items shall be made at ADTRAN's
discretion upon Buyer's request. All returns for credit accepted by
ADTRAN are subject to a restocking fee.
SHIPPING: The cost of shipping the equipment from Buyer's fa-
cility back to ADTRAN shall be paid by the Buyer. The cost for re-
turn shipping of the equipment by surface carrier shall be paid by
ADTRAN. ADTRAN will utilize other means of express shipment
at the request of the Buyer. The cost of shipping shall be paid by
the Buyer if express shipment is requested. In-warranty equip-
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