Limited Product Warranty

The full text of Avtec's Limited Product Warranty is below.

PDF DOWNLOAD
To download a copy of this document in Adobe PDF format, click this link: Avtec Limited Product Warranty (download, 433.81 kB)

Limited Product Warranty

For a period of 12 months from date of delivery, Avtec Systems, Inc. (Avtec), warrants the product delivered to Buyer as follows: (1) the hardware shall be free from defects in material and workmanship and will conform to the applicable Avtec specification and the terms of this proposal, and (2) the software and firmware will conform to the applicable Avtec specification and the terms of this proposal.

This Agreement shall be construed and interpreted in accordance with (i) the Federal common law of Government contracts as enunciated and applied by Federal judicial bodies, boards of contract appeals and quasi-judicial agencies of the Federal Government or (ii) in the absence of such Federal law, the laws of the Commonwealth of Virginia (without regard to its conflict of laws principles).

If a defect occurs during the warranty period, Buyer shall return the product to Avtec or to a facility designated by Avtec for repair or replacement. Avtec shall determine in its sole discretion whether to repair or replace any defective product covered by this warranty. Buyer shall prepay the cost of shipping the product to Avtec or to the designated facility and bear the risk of loss while the product is in transit. Avtec shall pay the shipping charges to return the product to the Buyer and bear the risk of loss during transit, unless Avtec determines that the defect is not covered by this warranty. In the event that Avtec determines that a returned product is not covered by this warranty, Avtec shall immediately notify the Buyer and request instructions regarding disposition. Buyer's sole and exclusive remedy for defects in products covered by this warranty is limited to the correction of the defect by repair or replacement.

The foregoing warranty shall not apply to defects resulting from improper or inadequate maintenance by Buyer, Buyer-supplied software or interfacing, unauthorized modification or misuse, operation outside of the environmental specifications of the product, or improper site preparation or maintenance. This warranty shall also not apply to products that have been subjected to testing for other than specified electrical characteristics or have been subjected to mishandling, misuse, neglect, improper testing, repair, alteration, damage, assembly or processing that alters physical or electrical properties.

IN NO EVENT WILL AVTEC BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES. THIS WARRANTY EXTENDS TO THE BUYER ONLY AND NOT TO ANY BUYER'S CUSTOMERS (EXCEPT FOR THE CASE WHEN THE BUYER'S CUSTOMER IS THE UNITED STATES OF AMERICA) OR USERS OF BUYER'S PRODUCTS, AND IS IN LIEU OF ALL OTHER WARRANTIES WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

CUSTOMER-REQUESTED SPECIFICATIONS/MODIFICATIONS
Avtec products are very complex. As such, even though Avtec has attempted to determine what impact any customer-requested customizations/specifications ("Customer Specifications") may have on the product's base functionality, Avtec is not always able to anticipate the full impact of the Customer Specifications prior to actually making them. Following acceptance, if the Customer requests that Avtec add to the customized product certain base functionality included in the original product but not in the customized product, any such request will result in an additional charge to Customer. Avtec will provide a quote for anticipated charges.