Motorola HMN9051A - HMN - Speaker Microphone User Manual page 93

II. GENERAL PROVISIONS:
This warranty sets forth the full extent of Motorola's responsibilities regarding the
Product. Repair, replacement or refund of the purchase price, at Motorola's option, is
the exclusive remedy. THIS WARRANTY IS GIVEN IN LIEU OF ALL OTHER EXPRESS
WARRANTIES. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS,
EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT
SHALL MOTOROLA BE LIABLE FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE
OF THE PRODUCT, FOR ANY LOSS OF USE, LOSS OF TIME, INCONVENIENCE, COM-
MERCIAL LOSS, LOST PROFITS OR SAVINGS OR OTHER INCIDENTAL, SPECIAL, INDI-
RECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO
USE SUCH PRODUCT, TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW.
III. HOW TO GET WARRANTY SERVICE:
Purchaser must notify Motorola's representative or call RPSD at 1-800-422-4210
within the applicable warranty period for information regarding warranty service
IV. WHAT THIS WARRANTY DOES NOT COVER:
A) Defects or damage resulting from use of the Product in other than its normal
and customary manner.
B) Defects or damage from misuse, accident, water, or neglect.
C) Defects or damage from improper testing, operation, maintenance, installation,
alteration, modification, or adjustment.
D) Breakage or damage to antennas unless caused directly by defects in material
workmanship.
E) A Product subjected to unauthorized Product modifications, disassemblies or
repairs (including, without limitation, the addition to the Product of non-
Motorola supplied equipment) which adversely affect performance of the
Product or interfere with Motorola's normal warranty inspection and testing of
the Product to verify any warranty claim.
F) Product which has had the serial number removed or made illegible.
G) Freight costs to the repair depot.
H) A Product which, due to illegal or unauthorized alteration of the
software/firmware in the Product, does not function in accordance with
Motorola's published specifications or with the FCC type acceptance labeling
in effect for the Product at the time the Product was initially distributed from
Motorola.
I) Scratches or other cosmetic damage to Product surfaces that does not affect
the operation of the Product.
J) That the software in the Product will meet the purchaser's requirements or that
the operation of the software will be uninterrupted or error-free.
K) Normal and customary wear and tear.
L) Non-Motorola manufactured equipment unless bearing a Motorola Part
Number in the form of an alpha numeric number (i.e., TDE6030B).
M) Processing of date data from, into, and between the year 2000 and the year 2001.
V. GOVERNING LAW
In the case of a Product sold in the United States and Canada, this Warranty is gov-
erned by the laws of the State of Illinois and the Province of Ontario, respectively.
VI. PATENT AND SOFTWARE PROVISIONS
Motorola will defend, at its own expense, any suit brought against the end user pur-
chaser to the extent that it is based on a claim that the Product or its parts infringe a
United States patent, and Motorola will pay those costs and damages finally award-
ed against the end user purchaser in any such suit which are attributable to any such
claim, but such defense and payments are conditioned on the following:
A) that Motorola will be notified promptly in writing by such purchaser of any
notice of such claim;
B) that Motorola will have sole control of the defense of such suit and all
negotiations for its settlement or compromise; and
C) should the Product or its parts become, or in Motorola's opinion be likely to
become, the subject of a claim of infringement of a United States patent, that
such purchaser will permit Motorola, at its option and expense, either to pro
cure for such purchaser the right to continue using the Product or its parts or to
replace or modify the same so that it becomes noninfringing or to grant such
purchaser a credit for the Product or its parts as depreciated and accept its
return. The depreciation will be an equal amount per year over the lifetime of
the Product or its parts as established by Motorola. Motorola will have no
liability with respect to any claim of patent infringement which is based upon
the combination of the Product or its parts furnished hereunder with software,
apparatus or devices not furnished by Motorola, nor will Motorola have any
liability for the use of ancillary equipment or software not furnished by
Motorola which is attached to or used in connection with the Product. The
foregoing states the entire liability of Motorola with respect to infringement of
patents by the Product or any of its parts thereof.
Laws in the United States and other countries preserve for Motorola certain exclu-
sive rights for copyrighted Motorola software such as the exclusive rights to repro-
duce in copies and distribute copies of such Motorola software. Motorola software
may be used in only the Product in which the software was originally embodied and
such software in such Product may not be replaced, copied, distributed, modified in
any way, or used to produce any derivative thereof. No other use including, without
limitation, alteration, modification, reproduction, distribution, or reverse engineering
of such Motorola software or exercise of rights in such Motorola software is permit-
ted. No license is granted by implication, estoppel or otherwise under Motorola
patent rights or copyrights.
TO OBTAIN WARRANTY SERVICE:
Replacement Parts/Kits/Accessories/Batteries
To obtain warranty service on replacement parts/kits/accessories/batteries, the item
must be delivered, transportation prepaid to:
Motorola
Radio Products and Services Division
Attn: Warranty Dept
2222 Galvin Drive
Elgin, Illinois 60123
Each shipment of returned items must include a Motorola Warranty Replacement
Form, with each item being returned listed by quantity, type, frequency of code,
defect code, radio model number and serial number (when returning items removed
from a Motorola radio) sales or factory order number. Items returned with no manu-
facturer's date code will be assumed to be out of warranty and subject to charges for
repair or replacement.
In the event that Motorola in its discretion elects to replace an item, and a replace-
ment is ordered prior to the return of the defective product, credit for the defective
product will be issued against the replacement order provided that the defective
units covered by this warranty are returned within forty-five (45) days of the replace-
ment order date and the replacement factory order number is properly provided.
After 45 days, Motorola's sole obligation is limited to replacement of the defective
unit covered by this warranty with a unit that meets original factory specifications,
and credit cannot be issued.
Cellular Motorola Manufactured Accessories
Effective January 1, 2000, a new Limited Lifetime Warranty was instituted for the
following accessories purchased after January 1, 2000: vehicle power adapters, carry
cases, holsters, chargers (desktop bases and AC power supplies) and hands-free
headsets. For all other accessories, and all accessories purchased prior to January 1,
2000, the warranty period begins on the date of the consumer purchase and lasts for
twelve months. Proof of purchase documentation or the MSN/SN of the associated
telephone determines the warranty period. Although the date codes are on some of
the accessories or ancillary components such as batteries, there are no date codes
on others such as antennas. Therefore, the best way to determine if an accessory is
in warranty is to verify the consumer's proof of purchase. The proof of purchase doc-
umentation must be included for replacement under warranty. Accessories are not
considered repairable.
Warranty policies for Cellular parts are indicated in the "Authorized Cellular Servicer
Agreement". Test Equipment. Motorola manufactured items, including service moni-
tors, should be returned to the Test Equipment Service Center and processed per the
Test Equipment Products Limited Warranty on the following page. Third party manu-
factured items should be returned to the facility designated by the Manufacturer.
Motorola will notify the customer who to contact for warranty service of said items.
For further information call:
In the U.S. and Canada: 1-800-422-4210
Outside the U.S: 1-847-538-8023
U.S. Federal Government: 1-800-826-1913
MOTOROLA TEST EQUIPMENT PRODUCTS LIMITED WARRANTY
(EXCLUDES EXPORT SHIPMENTS)
Motorola Test Equipment Products, and Motorola Service Monitors, (herein the "prod-
uct") that are manufactured or distributed by Motorola's Radio Products and Services
Division are warranted by Motorola for a period of one (1) year from date of ship-
ment against defects in material and workmanship. This express warranty is extend-
ed to the original purchaser only. In the event of a defect, malfunction, or failure dur-
ing the period of warranty of a Motorola manufactured Test Equipment items,
Motorola, at its option, will either repair or replace the product providing Motorola
received written notice specifying the nature of the defect during the period of war-
ranty, and the defective product is returned to: Motorola, Test Equipment Service,
2216 Galvin Drive, Elgin, IL 60123 transportation prepaid. Proof of purchase and evi-
dence of date of shipment (packing list or invoice), must accompany the return of the
defective product.
For a RETURN AUTHORIZATION – PLEASE CALL 1-800-323-6967.
Transportation charges for the return of the product to Purchaser shall be prepaid by
Motorola. This warranty is void, as determined in the reasonable judgement of
Motorola, if:
A) The product has not been operated in accordance with the procedures
described in the operating instruction.
B) The seals on non-user serviceable components or modules are broken.
C) The product has been subject to misuse, abuse, damage, accident, negligence,
repair or alteration.
Many items manufactured by third parties are warranted directly by the manufacture.
In such cases customers may be put in direct contact with the manufacturer's service
facility for warranty repair or replacement. In no event shall Motorola be liable for
any special, incidental or consequential damages. In the event Motorola elects to
repair a defective product by replacing a module or subassembly, Motorola, at its
option, may replace such defective module or subassembly with a new or recondi-
tioned replacement module or subassembly. Only the unexpired warranty of the war-
ranty product will remain in force on the replacement module or subassembly.
EXCEPT AS SPECIFICALLY SET FORTH HEREIN, ALL WARRANTIES EXPRESS OR
IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR
PURPOSE OR MERCHANTABILITY, ARE EXCLUDED.
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