Seller warrants the following items at the time of shipment to be free from defects in materials and workmanship, and to conform to the contract specifications, if any:
Persistent Systems Radios (Inside Enclosures) Model # WR-RTR2, Model # WR-MPU3, Model # WR-MPU4, and Model # WR-MPU5.
Persistent Systems OEM Boards, including Model #WR-BRD2, Model #WR-BRD3; Persistent Systems Quad Amp Radio Model #WR-QAMP2; Persistent Systems Embedded Modules, including Model #WR-5200; and Persistent Systems Open Radio Modules, including all models named as Model #RF-XX01 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 at the time of Buyer’s initial order, which Extended Warranty extends this Warranty for an additional one (1) year from the date of expiration of the initial Warranty, namely two (2) years from the date of shipment. Prices for Extended Warranties vary based upon the items purchased and will be quoted to Buyer in Seller’s initial price quote.
Written notice of any defects shall be given to Seller upon discovery of said defects, and
Seller shall promptly correct such defects by repair or replacement, at Seller’s option, without charge to the Buyer. Seller’s option extends to choosing whether to repair the defects in the field or at Seller’s facilities.
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 send an e-mail containing product information (including Serial Numbers) to RMA@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 or consequential damages.
Specifically excluded from this Warranty are:
1) Defects or nonconformance caused by and resulting from improper operation, maintenance, or storage of the equipment.
2) Items of characteristically indeterminate life such as cables, harnesses, batteries, antennas, pouches, mounts, etc.
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)