Manufacturer’s Representations And Warranties
RIEDEL Communications Inc.

These General Terms and Conditions of Sale and Delivery These Representations andWarranties are applicable to all customers (the “Customers” and each, individually, a“Customer”) purchasing products (the “Products”) sold by RIEDEL Communications, Inc.
(the “Company”).
1.

Warranty and Limitations:1.1. Company warrants solely to the original purchaser of the Products that for theWarranty Period (as defined below), the Products will be free from defects in materials andworkmanship under normal use, and will conform to Company’s published specificationsof the Products. Notwithstanding the foregoing, Company retains its right to deviate fromits published specifications due to the latest innovations and improvements in function anddesign of the Products.
1.2. The foregoing warranty is subject to the proper storage, transportation and use of theProducts, and does not include defects due to normal wear and tear or deterioration.
1.3. Customer shall immediately, but in any event no later than eight (8) days following
delivery or installation of the Product, inspect the Products for conformity and visible
defects. Customer shall give Company immediate written notice of any non-conformities
or visible defects regarding the Products. In the event that Customer fails to provide theCompany within eight (8) days following delivery or installation of the Products with noticeof any non-conformities or visible defects, any warranty claims in this regard shall bedeemed waived.
1.4. Customer shall immediately notify Company in writing of any other defects ofthe Products and return such defective Product. Company’s sole obligation under theforegoing warranty is, at Company’s option, to replace or exchange the defective Product orissue a merchandise credit for the defective Product. Any replaced or exchanged Products
shall be subject to the warranty set forth in 1.1., following their replacement or exchange. If
Company has received notification from Customer, and no defects of the Product could bediscovered, Customer shall bear the costs that Company incurred as a result of the notice.
It shall be in Company’s sole discretion to determine if the Product has a defect.
1.5. With respect to orders made to custom, any defects of the Products caused by
Customer’s specifications are excluded from the warranty set forth in 1.1.
1.6. Company also makes no warranty that the Products manufactured under an ordermade to custom do not infringe the intellectual property or other proprietary rights of any
third party and Customer is solely responsible for assuring that such Products do not soinfringe.
1.7. The “Warranty Period” begins on the date of delivery of the Product to Customer, andcontinues to be in effect for twenty-four (24) months for Products of the RIEDEL brand, andsix (6) months for all other Products.
1.8. Company does not authorize any person or party to assume or create for it any otherobligation or liability in connection with the Products except as set forth herein.
1.9. All requests and notices under this Warranty shall be directed to:
RIEDEL Communications, Inc.
25702A Rye Canyon Blvd
Santa Clarita, CA 91355
USA
Phone: (+1) 818 559 6900
Email: customerservice-us@riedel.net
1.10. THE WARRANTY SET FORTH IN SECTION 1.1 IS MADE IN LIEU OF ALL OTHERWARRANTIES (WHETHER EXPRESS OR IMPLIED), RIGHTS OR CONDITIONS, AND CUSTOMERACKNOWLEDGES THAT EXCEPT FOR SUCH LIMITED WARRANTY, THE PRODUCTS AREPROVIDED “AS IS.” COMPANY SPECIFICALLY DISCLAIMS, WITHOUT LIMITATION, ALL OTHERWARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, WITHOUT LIMITATION,THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULARPURPOSE, NON-INFRINGEMENT, AND THOSE WARRANTIES ARISING FROM A COURSE OFPERFORMANCE, A COURSE OF DEALING OR TRADE USAGE.
2.

Limitation of Liability:

2.1. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE,SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FORLOSS OF PROFITS, REVENUE, GOODWILL OR USE, INCURRED BY CUSTOMER OR ANY THIRDPARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY, OR IMPOSEDBY STATUTE, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
COMPANY’S LIABILITY FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THISAGREEMENT SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF THE PRODUCTS. IT ISAGREED AND ACKNOWLEDGED THAT THE PROVISIONS OF THIS AGREEMENT ALLOCATETHE RISKS BETWEEN COMPANY AND CUSTOMER, THAT COMPANY’S PRICING REFLECTSTHIS ALLOCATION OF RISK, AND BUT FOR THIS ALLOCATION AND LIMITATION OF LIABILITY,COMPANY WOULD NOT HAVE ENTERED INTO THIS AGREEMENT.
2.2. IN JURISDICTIONS THAT LIMIT THE SCOPE OF OR PRECLUDE LIMITATIONS OREXCLUSION OF REMEDIES OR DAMAGES, OR OF LIABILITY, SUCH AS LIABILITY FOR GROSSNEGLIGENCE OR WILLFUL MISCONDUCT OR DO NOT ALLOW IMPLIED WARRANTIES TOBE EXCLUDED, THE LIMITATION OR EXCLUSION OF WARRANTIES, REMEDIES, DAMAGESOR LIABILITY SET FORTH ABOVE ARE INTENDED TO APPLY TO THE MAXIMUM EXTENTPERMITTED BY APPLICABLE LAW. CUSTOMER MAY ALSO HAVE OTHER RIGHTS THAT VARYBY STATE, COUNTRY OR OTHER JURISDICTION.

RIEDEL Communications, Inc. | 25702A Rye Canyon Blvd| Santa Clarita, CA 91355| USA