Seller warrants the following items at the time of shipment to be free from defects in materials and workmanship, and to conform to the product specifications, if any:
Part Number WR-5100 (“MPU5”); Part Number(s) RF-XXX0; Part Number(s) RF-XXX2; Part Number(s) WR-PTT-XX; Part Number(s) WR-DISP-XX (“RDC”); Part Number TRK-AUTO-SYS-XX; and Part Number WR-INT-ANT-SYS-XX
For purposes of this Warranty, the phrase “conform to the product specifications” does not include performance characteristics that are described as goals or objectives, nor does it include cosmetic damage resulting from normal wear and tear.
Persistent Systems OEM Boards, including Persistent Systems Embedded Modules Part Number WR-52XX; Persistent Systems Open Radio Modules, including all models named as Model #RF-XXX1; and all legacy product lines (including #WR-RTR2, #WR-MPU-3, #WR-MPU4) are specifically excluded from this Warranty.
Seller’s liability under this Warranty shall terminate one (1) year from the date of shipment. Buyer may purchase, at Seller’s sole option, an Extended Warranty that extends this Warranty for an additional one (1) year or two (2) years from the date of expiration of the initial Warranty, namely two (2) years or three (3) years, as applicable, from the date of shipment. Prices for Extended Warranties vary based upon the items purchased and will be quoted to Buyer by Seller.
Written notice of any defects shall be given to Seller upon discovery of said defects, except that, in the unlikely event of items being dead-on-arrival (“DOA”), Buyer has a maximum of thirty (30) days from the date the items are received at Buyer’s dock to notify Seller. Buyer’s failure to notify Seller within thirty (30) days regarding any DOA items exonerates the Seller from any repair or replacement obligations in connection with said DOA items.
Upon receipt of written notice of any defects, Seller shall promptly correct such defects by repair or replacement, at Seller’s option, without charge to the Buyer. Seller’s option extends both (1) to choosing whether to repair the defects in the field or at Seller’s facilities and (2) to replacing the defective item(s) with Seller’s then-current version of said item(s), which may not be identical to the defective item(s). A repaired item means an item that has been repaired to the level that it will once again perform in accordance with the product specifications, excluding repairs to fix cosmetic damage.
As part of Seller’s RMA process, all items shipped to Seller (and/or shipped back to Buyer) for Warranty- related matters must be shipped via Seller’s FedEx account. To initiate an RMA, which must be initiated before Buyer returns any items to Seller, Buyer must submit a claim containing product information (including Serial Numbers) via the technical support portal: https://techsupport.persistentsystems.com/
Buyer bears the risk of invoking Warranty coverage for items, otherwise covered by the Warranty, that do not require repair or replacement. In the event that Seller determines, in its discretion, that neither repair nor replacement is required, Buyer shall be responsible for shipping costs from Buyer to Seller; for Seller’s labor costs in checking the items that require neither repair nor replacement; and for shipping costs to return the items from Seller to Buyer. Such items will not be shipped back to Buyer unless and until Buyer issues a Purchase Order to cover the aforementioned shipping and labor costs. If Buyer fails to issue a Purchase Order, the items shall remain in the possession of Seller and shall be scrapped, at Seller’s discretion, after 6 months.
Buyers wishing to avail themselves of Seller’s RMA process for items not covered by Seller’s Warranty (whether by virtue of time elapsed since initial shipment or otherwise) must submit a Purchase Order before shipping the items back to Seller. The Purchase Order must cover shipping costs to return the items from Buyer to Seller; Seller’s labor costs to check the Items; and shipping costs to return the items from Seller to Buyer. Items may not be shipped back to Seller unless and until Buyer submits the aforementioned Purchase Order. The shipping and labor costs covered by the pre-return Purchase Order are separate from and in addition to any repair or replacement costs quoted by Seller to Buyer after Seller examines the returned items.
Seller is not responsible for any defects that occur as a result of Buyer’s attempts to self-correct defects otherwise covered by this Warranty, except that a Buyer who has completed Seller’s training courses and possesses a Persistent Systems Maintenance Training Certificate is permitted to open enclosures and to perform maintenance operations without defeating this Warranty. Any Buyer, even one who possesses a Maintenance Training Certificate, who attempts to replace boards that are inside enclosures automatically forfeits the benefits of this Warranty.
In no event shall seller’s liability under this Warranty exceed the cost of repair or replacement of such defective item, and under no circumstances shall seller be liable for special, incidental, or consequential damages, nor does this Warranty cover liability for loss, damage, or injury to third parties.
Specifically excluded from this Warranty are:
1) Defects or failures caused by and/or resulting from improper operation of the equipment, improper maintenance of the equipment, improper storage of the equipment, tampering with the equipment, and/or modifications made to the equipment.
2) Items of characteristically indeterminate life such as cables, harnesses, batteries, antennas, pouches, mounts, etc.
3) Defects or failures caused by misuse, neglect, failure to provide necessary preventive maintenance, abuse, or accident to the items
4) Defects or failures caused by or in combat
5) Defects or failures caused by unauthorized modification(s) to the items
6) Defects or failures caused by exposure of the items to conditions beyond the environmental, power, and operating constraints specified by Persistent
7) Defects or failures caused by integration or installation of the items not in accordance with their intended use
8) Items received for which no evidence of failure is found by Persistent
This Warranty constitutes Seller’s sole and exclusive liability hereunder and Purchaser’s sole and exclusive remedy for defective or nonconforming items and is in lieu of all other warranties, express implied or statutory (including the warranty of merchantability or fitness for a particular purpose)
Read More About Terms and Conditions of Purchase Order
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