Appendix D Warranty and Repair
Warranty information
376 9102 Handheld Spectrum Analyzer Software version 5.31
Warranty information
Aeroflex warrants that all of its products conform to Aeroflex's
published specifications and are free from defects in materials and
workmanship for a period of one year from the date of delivery to the
original buyer, when used under normal operating conditions and
within the service conditions for which they were designed. This
warranty is not transferable and does not apply to used or demonstra-
tion products.
In case of a warranty claim, Aeroflex's obligation shall be limited to
repairing, or at its option, replacing without charge, any assembly or
component (except batteries) which in Aeroflex’s sole opinion proves
to be defective within the scope of the warranty. In the event Aeroflex
is not able to modify, repair or replace nonconforming defective parts
or components to a condition as warranted within a reasonable time
after receipt thereof, the buyer shall receive credit in the amount of the
original invoiced price of the product.
It is the buyer's responsibility to notify Aeroflex in writing of the defect
or nonconformity within the warranty period and to return the affected
product to Aeroflex’s factory, designated service provider, or autho-
rized service center within thirty (30) days after discovery of such
defect or nonconformity. The buyer shall prepay shipping charges and
insurance for products returned to Aeroflex or its designated service
provider for warranty service. Aeroflex or its designated service
provider shall pay costs for return of products to the buyer.
Aeroflex’s obligation and the customer’s sole remedy under this hard-
ware warranty is limited to the repair or replacement, at Aeroflex’s
option, of the defective product. Aeroflex 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 Aeroflex without
Aeroflex’s written consent; (b) that such defects were the result of
customer’s improper storage, mishandling, abuse, or misuse of the
product; (c) that such defects were the result of customer’s use of the
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.
The warranty described above is the buyer’s sole and exclusive remedy
and no other warranty, whether written or oral, expressed or implied by
statute or course of dealing shall apply. Aeroflex specifically disclaims
the implied warranties of merchantability and fitness for a particular
purpose. No statement, representation, agreement, or understanding,
oral or written, made by an agent, distributor, or employee of Aeroflex,
which is not contained in the foregoing warranty will be binding upon
Aeroflex, unless made in writing and executed by an authorized repre-
sentative of Aeroflex. Under no circumstances shall Aeroflex be liable
for any direct, indirect, special, incidental, or consequential damages,
expenses, or losses, including loss of profits, based on contract, tort, or
any other legal theory.
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