Warranty will survive inspection, acceptance and payment by Buyer.
Hardware and embedded software - Symmetricom warrants that for a period of
one (1) year from date of shipment, Goods are and will be free from defects in
design, material, and workmanship; will conform to and perform in accordance
with the Specifications, if any; that it will convey good and valid title to all Goods;
and that all Goods are provided free and clear of any and all liens and
encumbrances.
This warranty does not include periodic recalibration. Symmetricom does not
warrant that the operation of the Goods 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;
improper site preparation.
This warranty shall be null and void in the event that (i) Buyer or any third party
attempts repair of the Goods without Symmetricom's advance written
authorization; (ii) improper or inadequate maintenance or calibration by Buyer or
damage by Buyer; (iii) third party-supplied software, interfacing or supplies; (iv)
improper use (including termination of non-certified third party equipment on
Symmetricom's proprietary interfaces); (v) operation outside of the Specifications
for the Goods; (vi) or the Goods are shipped to any country other than that
originally specified in Buyer's Purchase Order. Goods not meeting this warranty
will be promptly 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.
Software - Symmetricom warrants that for a period of ninety (90) days from date of
shipment, the accompanying media will be free from defects in materials and
workmanship under normal use for Software only products. The physical media
warranty does not apply to defects arising from misuse, theft, vandalism, fire,
water, acts of God or other similar perils.
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.