Radisys Corporation (“Radisys”) warrants that hardware products (“Products”) will be free from defects in materials and workmanship for one (1) year following the date of shipment to the original purchaser.
Radisys does not warrant, and this warranty specifically excludes, (a) the suitability of the Products for any specific use or application, (b) compatibility of the Products with any other hardware or software system not provided by Radisys, (c) software products, or (d) products that have not been assigned a Radisys serial number.
Radisys reserves the right to investigate any warranty claims to resolve the problem or to determine whether such claims are proper. If any Product furnished by Radisys fails to conform to the above warranty, BUYER’s sole and exclusive liability will be, at Radisys’ option, to repair, replace, or credit BUYER account with an amount equal to the price paid for any such Product which fails during the applicable warranty period provided that: (a) BUYER promptly notifies Radisys in writing that such Product is defective and furnishes an explanation of the deficiency; (b) BUYER complies with Radisys Return Materials Authorization (“RMA”) procedure for all warranty claims as set forth by Radisys (c) such Product is returned to Radisys’ service facility at BUYER’S risk and expense; and (d) Radisys is satisfied that claimed deficiencies exist and were not caused by accident, mishandling, misuse, neglect, alteration, repair, improper installation, improper testing, improper packaging by BUYER, failure to follow operating or maintenance instructions as prescribed by Radisys or services performed by someone other than Radisys. If Product is defective, transportation charges for the return of Product to BUYER will be paid by Radisys. Radisys will have a reasonable time to make repairs, replace Product, or to credit BUYER account.
This limited warranty shall not apply to any Product, or parts thereof, (a) from which the Radisys serial number, Radisys model number, or other identification markings have been altered, removed or rendered illegible; (b) has been damaged by or subject to improper installation or operation, misuse, accident, neglect and/or has been used in any way other than in strict compliance with Radisys operation and installation specifications; (c) has become defective or inoperative due to its integration or assembly with any equipment or products not supplied by Radisys; (d) has been repaired, modified or otherwise altered by anyone other than Radisys or its authorized agent, and/or (e) has been subject to the opening of any sealed cabinet boxes or covers without Radisys prior written consent. If any claim by BUYER falls within any of the foregoing exceptions, BUYER shall pay Radisys the then current rates and charges for repair services.
THE ABOVE WARRANTY IS IN LIEU OF ANY OTHER WARRANTY, WHETHER EXPRESSED, IMPLIED, OR STATUTORY; INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR USE OR PURPOSE, OR ANY WARRANTY OTHERWISE ARISING OUT OF ANY PROPOSAL, SPECIFICATION, OR SAMPLE.
RADISYS NEITHER ASSUMES NOR AUTHORIZES ANY PERSON OR ORGANIZATION TO ASSUME FOR IT ANY OTHER LIABILITY.