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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-
ment 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 in-
cluding return shipment are subject to a charge as quoted by
ADTRAN. The cost of the repair will be invoiced and the return of
the item will be made using the most economical shipment means
available. ADTRAN will use other means of express shipment at
the request of the Buyer. In this case, the cost of shipping shall be
paid by the Buyer.
ALTERATION TO EQUIPMENT PURCHASED:
Modification
or alteration to purchased equipment by Buyer, other than that
specifically authorized by this Agreement or by ADTRAN, shall
VOID AND NULLIFY, in its entirety, all warranty conditions as
set forth in Warranty paragraph.
ENGINEERING CHANGES:
ADTRAN reserves the right to
make progress and design changes in standard product items or-
dered without prior approval or notification to Buyer and without
incurring any obligations or liability to make the same changes in
items previously manufactured.
DATA RIGHTS:
Rights to any intellectual property residing in
the products or any data furnished hereunder are not granted ex-
cept by specific written permission by an authorized representa-
tive of ADTRAN. Buyer shall have no right to copy or reproduce
in whole or part any data furnished hereunder without the prior
written consent of ADTRAN.
PATENT AND COPYRIGHT INDEMNITY:
ADTRAN warrants
that the equipment and documentation furnished under this
Agreement shall be free and clear of infringement of any patent or
copyright covering the structure or composition of such articles or
documentation. In the event of a claim, suit or action against Buy-
er alleging such infringement, ADTRAN shall save Buyer and its
affiliates, agents or customers harmless from liability as finally de-
termined by a court of competent jurisdiction, for such infringe-
ment, provided that Buyer gives ADTRAN notice promptly of