Momentum Warranty

Momentum Warranty
™
EQUIPMENT AND
RECHARGEABLE BATTERY WARRANTY
A.
Harris Corporation, a Delaware Corporation, acting through its RF Communications Division
(hereinafter "Seller") warrants to the original purchaser for use (hereinafter "Buyer") that
MomentumTM Equipment manufactured by or for the Seller shall (i) be free from all defects in
material, workmanship and title; and (ii) comply with all of the MomentumTM Equipment Product
Specifications. 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.
B.
Seller’s obligations set forth in Paragraph C below shall apply only to MomentumTM Equipment
failures to meet the above warranties occurring within the following periods of time from the date of
sale to the Buyer and are conditioned on Buyer’s giving written notice to Seller within thirty (30) days
of such occurrence:
1. for portable radios, mobile radios, repeaters and base stations, thirty-six (36) months (except as
noted in paragraph B.2 and B.3);
2. rechargeable batteries and accessories, twelve (12) months; and
3. all other parts, ninety (90) days.
C.
If any MomentumTM Equipment fails to meet the foregoing warranties, Seller shall correct the failure
at its option (i) by repairing any defective or damaged part or parts thereof, or (ii) by replacing the
failed MomentumTM Equipment with equivalent new or refurbished Equipment. Any repaired or
replacement products or parts furnished hereunder shall be warranted for the balance of the original
applicable Product Warranty Period or one hundred eighty (180) days for Products (other than
batteries, accessories and parts) and ninety (90) days for batteries and accessories, whichever ends
later. Where such failure cannot be corrected by Seller’s reasonable efforts, the parties will negotiate
an equitable adjustment in price. Labor to perform warranty service will be provided at no charge
during the warranty period only for the Equipment covered under Paragraph B. To be eligible for nocharge labor, service must be performed at Seller’s location or other Servicer approved by Seller in
writing to make the specific repairs at its place of business during normal business hours. Seller
shall pay all freight charges relating to the return and shipment of the defective Products and the
repaired or replacement Products to and from the Seller designated location. If it is determined that
the Products are not under warranty, Buyer shall pay all freight charges related to the return and
shipment of the Products and the repaired or replacement Products to and from the Seller
designated location
D.
Seller’s obligations under Paragraph C shall not apply to any Equipment or part thereof, which:
1. has a defect that is not reported during the Product Warranty Period;
2. is disassembled, modified, altered or repaired other than pursuant to Seller’s written
instructions or other written approval by Seller;
3. is not installed, operated or maintained in accordance with written instructions provided by
Seller;
4. has its serial number removed or altered;
5. is not properly stored or suffers detrimental exposure or is treated with abuse, negligence or
other improper treatment; or
6. is damaged in an accident or in a natural disaster (earthquake, storm, flood, fire or other natural
disaster).
E.
The preceding paragraphs set forth the exclusive remedies for claims based upon defects in or
nonconformity of the MomentumTM Equipment, 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 SELLER BE LIABLE FOR ANY
INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR EXEMPLARY DAMAGES.
This warranty applies only within the United States.
Contact your local Harris Dealer to request warranty service.
ECR-7931
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