Tyco P5400 series - Battery Warranty

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7 BATTERY WARRANTY

A. M/A-COM, Inc. (hereinafter "Seller") warrants to the original purchaser for use (hereinafter "Buyer")

that nickel-cadmium and nickel-metal hydride batteries supplied by Seller shall be free from defects

in material and workmanship, and shall conform to its published specifications for a period of

twelve (12) months from the date of purchase.

B. For purposes of this warranty, batteries shall be deemed defective if (1) the battery capacity is less

than 80% rated capacity, or (2) the battery develops leakage.

C. If any battery fails to meet the foregoing warranty, Seller shall correct the failure by issuing a

replacement battery upon receipt of the defective battery at an Authorized Service Center (ASC) or

M/A-COM factory (for OpenSky® Equipment only).

D. Replacement batteries shall be warranted only for the remaining unexpired warranty period of the

original battery. This warranty becomes void if:

1. The battery has been subjected to any kind of misuse, detrimental exposure, or has been

involved in an accident.

2. The battery is used in equipment or service other than the radio equipment for which it is

specified.

E. The preceding paragraphs set forth the exclusive remedies for claims based upon defects in or

non-conformity of any battery, whether the claim is in contract, warranty, tort (including

negligence), strict liability or otherwise, and however instituted. Upon the expiration of the warranty

period, all such liability shall terminate. The foregoing warranties are exclusive and in lieu of all

other warranties, whether oral, written, expressed, implied or statutory. NO IMPLIED OR

STATUTORY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR

PURPOSE SHALL APPLY. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY

INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR EXEMPLARY DAMAGES.

This warranty applies only within the United States.

M/A-COM, Inc. M/A-COM, Inc.

1011 Pawtucket Blvd. 221 Jefferson Ridge Parkway

Lowell, MA 01853 Lynchburg, VA 24501

1-877-OPENSKY 1-800-528-7711

ECR-7048B