Wavetek 147 Dokumentacja Pobierz pdf (Strona 238)

Maintenance: About Our Service

214

shipment to Customer. If Installation Services have not been ordered, the

warranty period shall begin upon shipment to Customer. Hereafter these

periods of time shall be collectively referred to as the “Initial Warranty Period.”

Acterna’s obligation and customer’s sole remedy under this Hardware

Warranty is limited to the repair or replacement, at Acterna’s option, of the

defective product. Acterna shall have no obligation to remedy any such defect

if it can be shown: (a) that the Product was altered, repaired, or reworked by

any party other than Acterna without Acterna’s written consent; (b) that such

defects were the result of customer’s improper storage, mishandling, abuse,

or misuse of Product; (c) that such defects were the result of customer’s use

of Product in conjunction with equipment electronically or mechanically

incompatible or of an inferior quality; or (d) that the defect was the result of

damage by fire, explosion, power failure, or any act of nature.

Acterna warrants that Products returned to Acterna for repair shall be

warranted from defective materials and workmanship for one (1) year for the

same repair issue, and ninety (90) days for a different repair issue from date

of shipment from Acterna to customer, or until the end of the Initial Warranty

Period, whichever is longer. Risk of loss or damage to Product returned to

Acterna for repair or replacement shall be borne by customer until delivery to

Acterna. Upon delivery of such product, Acterna shall assume the risk of loss

or damage until that time that the product being repaired or replaced is

returned and delivered to customer. Customer shall pay all transportation

costs for equipment or software shipped to Acterna for repair or replacement.

Acterna shall pay all transportation costs associated with returning repaired

or replaced product to customer.

Software Warranty — Acterna warrants that Software Products licensed to

Customer shall, under normal use and service, and for a period of ninety (90)

days from the date of shipment of the Software to Licensee (the “Warranty

Period”), perform in all material respects in accordance with the published

specifications for such Software as established by Acterna. However, Acterna

does not warrant that the Software will operate uninterrupted or error free,

operate in the combination with other software, meet Customer’s

requirements, or that its use will be uninterrupted.

Acterna’s obligation and Customer’s sole and exclusive remedy under this

Software Warranty is limited to, at Acterna’s option, either (i) correcting the

material errors reported to Acterna in writing by Customer during the

Warranty Period and which Acterna is able to reproduce, (ii) replacing such

defective Software, provided that Acterna received written notice of such

defect within the Warranty Period, or (iii) provided that Acterna received

written notice of such defect within the Warranty Period, terminating the

License and, upon return to Acterna of the Software, Documentation and all

other materials provided by Acterna under the applicable License, providing

Customer with a refund of all charges paid with respect thereto. Acterna shall

have no warranty obligations hereunder if (a) the Software is altered or

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