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WARRANTY
Lightwave Electronics Corporation ("Lightwave") warrants products of its manufacture against
defective materials and workmanship for a period of one (1) year from the date of installation by the
purchaser or, if shorter, for a period of thirteen (13) months from the date of shipment to the
purchaser. The liability of Lightwave under this warranty is limited, at Lightwave’s option, solely to
repair or replacement with equivalent products, or an appropriate credit adjustment not to exceed the
sales price to the purchaser, provided that
(a) Lightwave is notified in writing by the purchaser within the warranty period promptly upon
discovery of defects,
(b) the purchaser has obtained a Return Materials Authorization Number ("RMA") from
Lightwave, which RMA Lightwave agrees to provide the purchaser promptly upon request,
(c) the defective products are returned to Lightwave, in the original packing material or alternate
material approved by Lightwave, with transportation charges prepaid by the purchaser, and
(d) Lightwave’s examination of such products discloses to its satisfaction that defects were not
caused by optical feedback, backpulse, negligence, misuse, improper installation, accident,
or unauthorized repair or alteration.
The original warranty period of any product which has been repaired or replaced by Lightwave
shall not thereby be extended.
T
HE FOREGOING WARRANTY IS PROVIDED EXPRESSLY IN LIEU OF AND LIGHTWAVE HEREBY
DISCLAIMS ALL OTHER WARRANTIES
, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF
MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE
, AND OF ALL OTHER OBLIGATIONS OR
LIABILITIES ON
LIGHTWAVE’S PART, AND LIGHTWAVE NEITHER ASSUMES NOR AUTHORIZES ANY OTHER
PERSON TO ASSUME FOR
LIGHTWAVE ANY OTHER LIABILITIES.
The foregoing warranty is only valid for Lightwave products sold in the United States. For
products sold outside of the United States, please refer to the local authorized Lightwave distributor
for applicable warranty terms and conditions.
LIMITATION OF LIABILITY
The remedies set forth above constitute the sole and exclusive remedies against Lightwave for
the furnishing of nonconforming or defective products. In no event, including if the products are
nonconforming, defective, delayed, or not delivered, shall Lightwave be liable for any special,
contingent, indirect, or consequential damages, even if Lightwave has been advised of the
possibility of such damages, whether under a contract, tort, property, or other legal theory. Such
damages for which Lightwave is not responsible include, but are not limited to, personal injury,
property damage, anticipated profits, labor expended, delays, and loss of use.
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