Wavetek 147 Spécifications Page 238

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Maintenance: About Our Service
214
12
shipment to Customer. If Installation Services have not been ordered, the
warranty period shall begin upon shipment to Customer. Hereafter these
periods of time shall be collectively referred to as the Initial Warranty Period.
Acternas obligation and customers sole remedy under this Hardware
Warranty is limited to the repair or replacement, at Acternas option, of the
defective product. Acterna shall have no obligation to remedy any such defect
if it can be shown: (a) that the Product was altered, repaired, or reworked by
any party other than Acterna without Acternas written consent; (b) that such
defects were the result of customers improper storage, mishandling, abuse,
or misuse of Product; (c) that such defects were the result of customers use
of Product in conjunction with equipment electronically or mechanically
incompatible or of an inferior quality; or (d) that the defect was the result of
damage by fire, explosion, power failure, or any act of nature.
Acterna warrants that Products returned to Acterna for repair shall be
warranted from defective materials and workmanship for one (1) year for the
same repair issue, and ninety (90) days for a different repair issue from date
of shipment from Acterna to customer, or until the end of the Initial Warranty
Period, whichever is longer. Risk of loss or damage to Product returned to
Acterna for repair or replacement shall be borne by customer until delivery to
Acterna. Upon delivery of such product, Acterna shall assume the risk of loss
or damage until that time that the product being repaired or replaced is
returned and delivered to customer. Customer shall pay all transportation
costs for equipment or software shipped to Acterna for repair or replacement.
Acterna shall pay all transportation costs associated with returning repaired
or replaced product to customer.
Software Warranty Acterna warrants that Software Products licensed to
Customer shall, under normal use and service, and for a period of ninety (90)
days from the date of shipment of the Software to Licensee (the Warranty
Period), perform in all material respects in accordance with the published
specifications for such Software as established by Acterna. However, Acterna
does not warrant that the Software will operate uninterrupted or error free,
operate in the combination with other software, meet Customers
requirements, or that its use will be uninterrupted.
Acternas obligation and Customers sole and exclusive remedy under this
Software Warranty is limited to, at Acternas option, either (i) correcting the
material errors reported to Acterna in writing by Customer during the
Warranty Period and which Acterna is able to reproduce, (ii) replacing such
defective Software, provided that Acterna received written notice of such
defect within the Warranty Period, or (iii) provided that Acterna received
written notice of such defect within the Warranty Period, terminating the
License and, upon return to Acterna of the Software, Documentation and all
other materials provided by Acterna under the applicable License, providing
Customer with a refund of all charges paid with respect thereto. Acterna shall
have no warranty obligations hereunder if (a) the Software is altered or
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