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WARRANTY: ADTRAN warrants that items manufactured by ADTRAN
and supplied under Buyer’s order shall be free from defects in materials and
workmanship and will conform to applicable 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 ADTRAN’s election of all such defective or nonconforming items,
provided 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 remaining
warranty and related terms and conditions of the original
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 IMPLIED OR STATUTORY AS TO MER-
CHANTABILITY, FITNESS FOR PURPOSE SOLD, DESCRIPTION, QUAL-
ITY, PRODUCTIVENESS OR ANY OTHER MATTER. Without limiting the
foregoing, 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 ADTRAN prior to
return of any items, including those for repair. Buyer’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 facility back to
ADTRAN shall be paid by the Buyer. The cost for return 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 equipment returned for repair that is found not defective will carry
a nominal charge to cover handling cost.
OUT OF WARRANTY: The cost of out-of-warranty repairs including return
shipment are subject to a charge as quoted by ADTRAN. The cost of the