Hardware – Symmetricom warrants, for a period of twelve (12) months from Symmetricom’s date of shipment, the Goods shall be free from defects in design, material, and workmanship under normal use and service, and shall conform to and perform substantially in accordance with Symmetricom's published specifications in effect at the time of shipment. Symmetricom further warrants that the Goods shall be free and clear of all liens and encumbrances and shall have good and valid title at the time of shipment by Symmetricom. This warranty shall survive inspection, acceptance, and payment by Buyer. Symmetricom does not warrant that the operation of the Goods shall be uninterrupted or error free or meet Buyer’s intended use or purpose. Symmetricom’s warranty does not cover failures caused by acts of God, including electrical or environmental conditions; abuse, negligence, accident, damage in transit; or improper site preparation.
This warranty shall be null and void in the event (i) Buyer or any third party repairs or attempts repair of the Goods without Symmetricom’s advance written authorization; or (ii) defects are the result of repairs, modifications, alterations, improper or inadequate maintenance by Buyer or third party; or (iii) damages to said Goods are caused by Buyer or third party-supplied software, interfacing or supplies; or (iv) of improper use (including termination of non-certified third party equipment on Symmetricom’s proprietary interfaces and operation outside of the product's specifications) by Buyer or third party; or (v) the Goods are shipped to any country other than that originally specified in the Buyer's purchase order.
Buyer’s sole remedy for a breach of the foregoing Goods warranty, whether express or implied, howsoever arising, shall be as set forth in this Section. Goods not meeting the foregoing warranty during the warranty period shall be repaired or replaced, at Symmetricom’s option, upon return of such Goods to Symmetricom’s factory; provided, however, that Buyer has first obtained a return materials authorization (“RMA”) number from Symmetricom authorizing such return. Buyer may obtain an RMA number by logging onto Symmetricom’s website www.symmetricom.com. Buyer shall place the RMA number on the exterior packaging of all returns. Buyer shall be responsible for the shipping costs to ship the Good to Symmetricom and Symmetricom shall pay for shipping costs to return the repaired or replacement Good to Buyer. Repaired or replaced portion of the Good shall be warranted for the remainder of the unused warranty term or for ninety (90) days from shipment, whichever is longer.
Software Media - Symmetricom warrants that the accompanying media shall be free from defects in materials and workmanship under normal use for a period of ninety (90) days from date of shipment. The physical media warranty does not apply to defects arising from misuse, theft, vandalism, fire, water, acts of God or other similar perils. Symmetricom shall not be liable for any damages caused by the Buyer's failure to fulfill its responsibilities as stated above. Buyer’s sole and exclusive remedy and Symmetricom’s entire liability for a breach of the foregoing warranty shall be for Symmetricom, at its option to replace the Software media, or if unable to replace the Software media, then to refund the license fee paid for the Software.
THE FOREGOING WARRANTY SHALL BE THE ONLY WARRANTY WITH RESPECT TO THE SUBJECT MATTER HEREOF AND SHALL BE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT HOWSOEVER ARISING. WHERE LEGISLATION IMPLIES IN THIS AGREEMENT ANY CONDITION OR WARRANTY AND THAT LEGISLATION VOIDS OR PROHIBITS PROVISIONS IN A CONTRACT WHICH EXCLUDE OR MODIFY THE OPERATION OF THAT CONDITION OR WARRANTY, THE CONDITION OR WARRANTY IS DEEMED TO BE INCLUDED IN THIS AGREEMENT. HOWEVER, SYMMETRICOM’S LIABILITY FOR BREACH OF THE CONDITION OR WARRNTY WILL BE LIMITED AT SYMMETRICOM’S OPTION TO REPLACE OR REPAIR THE GOODS. TO THE EXTENT ANY OF THE FOREGOING LIMITED REMEDY FINALLY FAILS ITS ESSENTIAL PURPOSE, SYMMETRICOM’S TOTAL LIABILITY TO BUYER FOR SUCH BREACH SHALL BE LIMITED TO THE ACTUAL PRICE PAID BY BUYER FOR THE DEFECTIVE GOODS AND SUBJECT TO THE “LIMITATION OF LIABILITY” SECTION (in the full Product Terms and Conditions of Purchase).
NOTE: Symmetricom’s GPS positioning products for navigation are an AID TO NAVIGATION only and MUST be used in conjunction with normal navigation practices.