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Appendix C Warranty and Repairs
Product Warranty
Seller warrants to Buyer that any unit shipped to Buyer, under normal and proper use, be
free from defects in material and workmanship for a period of 12 months from the date of
shipment to Buyer. This warranty will not be extended to items repaired by anyone other
than the Seller or its authorized agent. The foregoing warranty is exclusive and in lieu of all
other warranties of merchantability, fitness for purpose, or any other type, whether express
or implied.
Remedies and Limitation of Liability
A. All claims for breach of the foregoing warranty shall be deemed waived unless notice of
such claim is received by Seller during the applicable warranty period and unless the items
to be defective are returned to Seller within thirty (30) days after such claim. Failure of
Seller to receive written notice of any such claim within the applicable time period shall be
deemed an absolute and unconditional waiver by buyer of such claim irrespective of
whether the facts giving rise to such a claim shall have been discovered or whether
processing, further manufacturing, other use or resale of such items shall have then taken
place. B. Buyer’s exclusive remedy, and Seller’s total liability, for any and all losses and
damages arising out of any cause whatsoever (whether such cause be based in contract,
negligence, strict liability, other tort or otherwise) shall in no event exceed the repair price
of the work to which such cause arises. In no event shall Seller be liable for incidental,
consequential, or punitive damages resulting from any such cause. Seller may, at its sole
option, either repair or replace defective goods or work, and shall have no further
obligations to Buyer. Return of the defective items to Seller shall be at Buyer’s risk and
expense. C. Seller shall not be liable for failure to perform its obligations under the contract
if such failure results directly or indirectly from, or is contributed to by any act of God or of
Buyer; riot; fire; explosion; accident; flood; sabotage; epidemics; delays in transportation;
lack of or inability to obtain raw materials, components, labor, fuel or supplies;
governmental laws, regulations or orders; other circumstances beyond Seller’s reasonable
control, whether similar or dissimilar to the foregoing; or labor trouble, strike, lockout or
injunction (whether or not such labor event is within the reasonable control of Seller)
Copyright Notice
Copyright ©2004 CXR Telcom, Inc. All rights reserved. This document may not, in part or in
entirety, be copied, photocopied, reproduced, translated, or reduced to any electronic
medium or machine-readable form without first obtaining the express written consent of
CXR Telcom. Restricted rights legend: Use, duplication, or disclosure by the U.S.
government is subject to restrictions set forth in subparagraph (c)(1)(ii) of the Rights in
Technical Data and Computer Software clause in DFARS 52.227-7013 and in similar clauses
in the FAR and NASA FAR Supplement. Information in this document is subject to change
without notice and does not represent a commitment on the part of CXR Telcom, Inc.