User's Manual

61
Seeker & Seeker MCA III Operation Manual
Trilithic Broadband Instruments 2-Year Limited Warranty
Trilithic, Inc. (“Trilithic”) warrants to the buyer that the product will be free from defects in materials and
workmanship, under normal use, operating conditions and service for a period of two (2) years from date of
delivery. Trilithic reserves the right, before having any obligation under this limited warranty, to inspect the
damaged product, and all costs of shipping the product to Trilithic for inspection shall be borne solely by the
buyer. Trilithic’s obligation under this limited warranty shall be limited, at Trilithic’s sole option, to replacing or
repairing the product, or to replacing or repairing any defective part, F.O.B. Indianapolis, Indiana. If neither of the
two options is reasonably available, then Trilithic, in its sole discretion, may provide a prorated refund to the buyer
of the purchase price of the product, as evidenced by the proof of purchase, less any applicable service fees in
accordance with the following schedule: months 0-3 = 100%; months 4-12 = 50%; and months 13–24 = 25%.
Batteries and fans are not included or covered by this limited warranty. Any product or part that is repaired or
replaced under this limited warranty shall be covered only for the remainder of the original warranty period which
applied to the original product or part, or for ninety (90) days, whichever is longer. All products or parts that are
exchanged for replacement shall become the property of Trilithic.
In order to recover under this limited warranty, buyer must make a written claim to Trilithic within sixty (60) days
of the occurrence and must present acceptable proof of original ownership of the product (such as an original
receipt, purchase order or similar documentation). In order for this limited warranty to be effective, the product
must have been handled and used as set forth in the documentation accompanying the product and/or its
packaging.Thislimitedwarrantyshallnotapplytoanydamageduetoaccident,misuse,abuse,neglect,reor
other casualty. Further, this limited warranty shall not apply to any product which has been altered or where the
damagewascausedbyapartnotsuppliedbyTrilithic.Trilithicretainsthenaldecisionwhetheraproductis
within warranty conditions.
THE REMEDY SET FORTH HEREIN SHALL BE THE ONLY REMEDY AVAILABLE TO THE BUYER AND
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TRILITHIC BE LIABLE FOR ANY
SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED
TO, LOST REVENUES, LOST PROFITS, LOSS OF USE OF SOFTWARE, LOSS OR RECOVERY OF DATA,
DOWNTIME, REPLACEMENT EQUIPMENT AND ANY THIRD PARTY CLAIMS ARISING OUT OF ANY THEORY
OF RECOVERY INCLUDING WARRANTY, CONTRACT, STATUTORY OR TORT IN CONNECTION WITH
THE PRODUCT, EVEN IF TRILITHIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT THIS LIMITED WARRANTY FAILS OF ITS
ESSENTIAL PURPOSE, IN NO EVENT SHALL TRILITHIC’S ENTIRE LIABILITY TO BUYER EXCEED THE
PURCHASE PRICE OF THE DEFECTIVE PRODUCT.
EXCEPT FOR THE LIMITED WARRANTY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMITTED
BY LAW, TRILITHIC DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED (INCLUDING WITHOUT
LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE), WITH RESPECT TO THE PRODUCT OR ITS SUITABILITY FOR ANY USE INTENDED FOR IT BY
THE BUYER. TO THE EXTENT ANY IMPLIED WARRANTIES MAY NONETHELESS EXIST BY OPERATION OF
LAW, ANY SUCH WARRANTIES ARE LIMITED TO THE DURATION OF THIS LIMITED WARRANTY.
This limited warranty is non-transferable. This limited warranty does not affect any other legal rights buyer may
have by operation of law. No agent, reseller, distributor or business partner of Trilithic is authorized to modify the
terms of this limited warranty on behalf of Trilithic.