Warranty
Opticomm Corp. (“Opticomm”) Terms of Limited Warranty
Effective September 1, 2002, Opticomm warrants certain products to be free from defects in materials and workmanship for a period of ten (10) years from the date of delivery, to the extent and subject to the terms hereof.
The sole remedy provided under such warranty shall be the replacement or repair, at the sole option of Opticomm, of any equipment which Opticomm judges to be defective (“Defective Equipment”) provided:
(1) the equipment has not been abused, has been subjected to normal use and service and used for its intended purpose; and
(2) the defect is not due to any damage or problem occurring after the original date of shipment to the Purchaser (defined below); and
(3) the equipment has not been altered, modified, opened, or in any way tampered with by persons other than Opticomm authorized employed service personnel; and
(4) the equipment has not operated outside of specifications and/or otherwise than in accordance with guidelines provided/published by Opticomm (eg. as set forth in product data sheets and/or operational manuals); and
(5) the Purchaser has returned the alleged defective product immediately upon discovery of the alleged defect, shipment prepaid with a copy of the invoice to: Technical Support, Opticomm Corporation, 6827 Nancy Ridge Drive, San Diego, CA., 92121.
These terms and conditions of limited warranty contained herein apply to all Opticomm products, with the following exceptions:
- Switching Systems (“OLX” Series) – One (1) Year Warranty;
- CATV/RF Systems (“RF” Series) - One (1) Year Warranty;
- Certain Datacom Systems (“DS/DMX/USB” Series) - One (1) Year Warranty;
- Defects related to Optical Components and/or Programmable Devices – Three (3) Year Warranty;
- Discontinued Products/Components - in the event of a discontinuation in the manufacture and/or sale of any Opticomm Product (or component used in such product), the term of the warranty stated herein shall be reduced to such period which shall be the lesser of (i) one (1) year from the date of such discontinuation, and (ii) ten (10) years from the original date of shipment.
- Accessories and Custom Products – accessories and custom products are not covered under this warranty. Contact your Opticomm representative to see if there are any warranty or service package options available for Opticomm accessories and/or custom products.
This warranty is provided to the actual purchaser of the Opticomm Product only (“Purchaser”). Before any equipment is returned to Opticomm for repair or replacement, a Returned Material Authorization (RMA) number must be obtained as further specified below. Opticomm will pay return non-expedited shipping expenses within the United States for the repaired equipment provided the equipment is found by Opticomm to be Defective Equipment and is within the limits of the warranty. Otherwise, the Purchaser is liable for all handling, shipping, costs of repair or replacement and related costs. In the event the equipment is found by Opticomm to be Defective Equipment and is within the limits of the warranty, after such equipment has been repaired or replaced, Opticomm will reinstate the remainder of the warranty period for the repaired or replaced equipment.
The warranty does not cover any damage, problems or defects resulting from the occurences described above and/or any accidents, alterations, failure to follow instructions, misuse, fire, flood, and/or acts of God. In such case or if repairs or modifications are attempted or made by any persons other than Opticomm's authorized employed service personnel, Opticomm shall be released from all obligations under this warranty. Opticomm shall have no liability or responsibility to the Purchaser or any third party whatsoever beyond the repair or replacement of Defective Equipment which is within the limits of this warranty.
For the avoidance of any doubt, Opticomm shall not be liable for any damages, punitive or otherwise, personal injury, death, economic loss, interruption of service, loss of business or anticipatory profits or any loss caused or alleged to be caused directly or indirectly by Defective Equipment or any Opticomm Products, and/or resulting from the use or operation thereof, or the negligence of Opticomm’s personnel or any party, whatsoever, including, but not limited to, any indirect, incidental, consequential, special or exemplary damages such as loss of profits, or loss of business opportunity, even if such damages are foreseeable and whether or not Opticomm has been advised of the possibility thereof, and whether a claim is made or brought by Purchaser or any third party. It is the responsibility of the Purchaser to determine the suitability and compatibility of each Opticomm Product for the intended use.
Opticomm’s aggregate liability hereunder, whether by contract, tort or otherwise, shall not exceed the repair or replacement of equipment which is found by Opticomm to be Defective Equipment and is within the limits of the warranty, regardless of any claims made. In no event shall the liability of Opticomm hereunder, including for breach of warranty, and/or arising in the connection with any Opticomm Products and/or Defective Equipment, regardless of the type of claim, exceed the repair or replacement of equipment involved, provided such equipment has been found by Opticomm to be Defective Equipment and is within the limits of the warranty. This warranty is in lieu of all other warranties, expressed or implied, of any kind to any person, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose or non-infringement. No representative or person is authorized to represent or assume for Opticomm any liability with respect to the sale of Opticomm Products. For repairs outside of warranty service or after the warranty period, charges will be in accordance with Opticomm’s prevailing authorized repair prices.
Product maintenance agreements and other customer assistance arrangements may be available for Opticomm Products and should be raised with your Opticomm sales representative.
Return Merchandise Authorization Policy
- any and all defective merchandise must be covered by a Return Merchandise Authorization Number (“RMA Number”) to be obtained by the Purchaser from Opticomm’s Customer Service department prior to the return of the merchandise;
- any merchandise received by Opticomm without an RMA Number clearly visible on the external portion of the packaging shall be refused and returned to the Purchaser at the Purchaser’s own risk and expense;
- such request for an RMA Number from Opticomm shall include the original invoice number of Opticomm, the date of the original purchase order placed by Purchaser, and a detailed description of the alleged defect.
Opticomm shall, upon receipt of the merchandise, evaluate any alleged defect and in Opticomm’s own discretion, shall assess whether the product in question is covered by warranty. If the product is found not to be covered by warranty, Opticomm shall obtain Purchaser’s prior authorization of charges and expenses, either verbally or in writing, before repair work shall commence.
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