GENERAL WARRANTY. PCTEL warrants that the Products furnished hereunder shall be free from defects in material and workmanship for the following periods of time commencing with the date of shipment by PCTEL:
|Warranty Period ||Description of Product
||SeeGull® CW Transmitter; SeeWave® interference locating system; SeeHawk® Touch and SeeHawk® Collect software applications; PCTEL battery products
||SeeGull® EX family scanning receiver products; PCTEL RF and GPS antenna products
||SeeGull® MX scanning receiver
||MXflex®, EXflex® and IBflex® scanning receiver products
PCTEL also warrants the following: (a) The greater of (A) 90 days, and (B) the remaining warranty on the customer's original scanning receiver when upgraded to an EXflex platform; (b) the greater of (A) one (1) year, and (B) the pass-through warranty offered by the applicable third party manufacturer for any other Products sold and furnished herewith. PCTEL software applications (SeeWave, SeeHawk Touch, and SeeHawk Collect) have a one (1) year subscription for support and maintenance commencing on date of shipment. An individual SeeHawk Collect license converted to a pool license will have a one (1) year subscription for support and maintenance commencing on the date of conversion. If a software application subscription has lapsed, such subscription must be retroactively renewed to bring the license up-to-date before any new software subscription or update is provided.
PCTEL's sole and exclusive obligation under the foregoing warranty shall be, at its option, to repair or replace any defective Product that fails during the warranty period. This warranty shall only apply to the Products purchased or licensed and shall not apply to any other equipment. The expense of removal and reinstallation of any item is not included in this warranty. THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE WITH RESPECT TO THE PRODUCTS. Repair or replacement in the manner provided above shall be the sole and exclusive remedy of Buyer for breach of warranty and shall constitute fulfillment of all liabilities of PCTEL with respect to the quality and performance of the Products.
EXCEPTIONS. PCTEL DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCTS IS ERROR-FREE OR THAT OPERATION WILL BE UNINTERRUPTED. IN NO EVENT SHALL PCTEL BE LIABLE FOR: (i) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES TO THE BUYER OR ANY THIRD PARTY ARISING HEREUNDER OR ANY DEFECTIVE PRODUCT WHETHER THE DEFECT IS WARRANTED AGAINST OR NOT, WHETHER THE CLAIM IS BASED UPON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, (ii) ANY AMOUNT EXCEEDING THE PURCHASE PRICE OF THE PRODUCT, (iii) THE BUYER'S SELECTION OF PRODUCTS FOR THE BUYER'S APPLICATION, AND/OR (iv) FAILURE OF PRODUCTS TO MEET SPECIFIC GOVERNMENT OR REGULATORY REQUIREMENTS. The foregoing general warranty shall apply only if: (a) the Product has been properly installed and used at all times in accordance, in all material respects, with the applicable Product documentation; (b) no modification, alteration or addition has been made to the Product by persons other than PCTEL or PCTEL's authorized representatives or otherwise approved by PCTEL in writing; and (c) the Product has not been subjected to abuse, misuse, neglect or unusual physical, electrical or electromagnetic stress, or some other type of accident. EXCEPT FOR MATTERS RELATING TO INDEMNIFCATION (Section 8 below), PCTEL'S MAXIMUM AGGREGATE LIABILITY TO BUYER RELATED TO OR IN CONNECTION WITH THE PURCHASE BY BUYER OF THE PRODUCT SHALL BE LIMITED TO THE TOTAL AMOUNT PAID BY BUYER TO PCTEL FOR THE PRODUCTS COVERED BY BUYER'S PURCHASE ORDER PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY AND DAMAGES SHALL NOT APPLY TO DAMAGES FOR PERSONAL INJURY.
WARRANTY PROCEDURES. In the event of a warranty claim, the Buyer must contact PCTEL to arrange for Product return. No Product will be accepted for replacement or repair without first obtaining a Return Material Authorization (RMA) number from the PCTEL website at http://rfsolutions.pctel.com/rfs_rma_form.cgi, or by contacting PCTEL Customer Service by telephone at 1.240.460.8833 or by email at email@example.com. PCTEL reserves the right to inspect all defective Products. Products returned without an RMA number will not be processed and will be returned to Buyer freight collect. The warranty period of any repaired or replaced product shall not extend beyond its original term. Product to be repaired or replaced under warranty is to be returned, freight prepaid, to the following address with the assigned RMA number displayed on the box:
Attn: RMA Coordinator
20410 Observation Drive, Suite 200
Germantown, MD 20876 USA