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LIMITED WARRANTIES (A) PRODUCTS MANUFACTURED BY PHOENIX MOBILE AIR,
INC: In the event any product sold hereunder is manufactured by
Phoenix Mobile Air, Inc and is defective on account of workmanship
or material, Phoenix Mobile Air, Inc agrees for a period of 90 days
from shipment date, at its option, to replace or repair the
product. This agreement, however, is upon condition that the
Customer returns the product(s) and promptly notifies Phoenix Mobile
Air, Inc in writing of any claim in this respect, setting forth in
detail any such claimed defect and that Phoenix Mobile Air, Inc may
be afforded a reasonable opportunity to examine the product and to
investigate the claimed defect. Phoenix Mobile Air, Inc shall be in
no event, liable for damages beyond the price paid by the Customer
for such defective product and shall not be liable for any
incidental or consequential damages whatsoever. This warranty does
not obligate Phoenix Mobile Air, Inc to bear any charges for
transportation or third party services in connection with the
replacement or repair of defective products. (B) PRODUCTS
MANUFACTURED BY OTHERS: As to any product or item manufactured by
other persons or firms (whether sold separately hereunder or
incorporated into another product sold hereunder), Phoenix Mobile
Air, Inc agrees to present the Customer's claim with respect to
defects to the manufacturer for adjustment, and the Customer agrees
that Phoenix Mobile Air, Inc shall have no further liability or
responsibility. Each manufacturer whose products are resold by
Phoenix Mobile Air, Inc are sold under a limited warranty and NO
SUCH MANUFACTURER MAKES ANY WARRANTY OR GUARANTEE, EXPRESS OR
IMPLIED AS TO MERCHANTABILITY, FITNESS, DESIGN, PERFORMANCE,
CAPACITY OR EFFICIENCY OF ANY PRODUCT SOLD, AND PROVIDES THAT NO
CLAIM FOR LABOR, TRANSPORTATION, SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES WILL BE ALLOWED. (C) LIMITED WARRANTIES EXCLUSIVE, THE ABOVE
LIMITED WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR
IMPLIED AND BY ACCEPTANCE HEREOF, THE CUSTOMER AGREES THAT THERE IS
NO EXPRESS OR IMPLIED WARRANTY BY PHOENIX MOBILE AIR, INC OR BY ANY
MANUFACTURER AS TO THE FITNESS FOR A PARTICULAR USE,
MERCHANTABILITY, CAPACITY, OR EFFICIENCY OF ANY PRODUCTS SOLD, AND
THERE ARE NO ORAL OR IMPLIED ADDITIONAL WARRANTIES MADE IN
CONNECTION WITH ANY SALE BASED HEREON, THERE IS NO WARRANTY BY THE
COMPANY OR BY ANY MANUFACTURER AS TO ANY PRODUCT DESIGNATED AS
SUBSTANDARD. No modification or addition to this agreement with
respect to warranty of Phoenix Mobile Air, Inc, either before or
after contract of sale, shall be made except on written authority of
the President or Vice President of Phoenix Mobile Air, Inc. (D)
AGREEMENT TO LIMIT WARRANTIES ON RESALE: By acceptance hereof, the
Customer covenants and agrees that in the event any products
purchased hereunder are resold, either in their original form or as
a component of another product or system, the LIMITED WARRANTIES
provision set forth above will be included in all sales documents by
which the Customer resells any of such products. In all such cases,
the sales documents by which a purchaser from a Customer purchases
or accepts delivery of the products sold hereunder will include such
LIMITED WARRANTIES and prior to any such sale or delivery an
authorized representative of the subsequent purchaser will be made
aware of the limitations on the warranty of Phoenix Mobile Air, Inc
or other manufacturer of the products and that the disclaimers of
Phoenix Mobile Air, Inc apply to the resale of such products. The
Customer agrees to indemnify and hold harmless Phoenix Mobile Air,
Inc from any loss, claim or damage, including attorney's fees and
expenses, resulting from a breach of the foregoing covenant. (E)
USED PRODUCTS: Used products and equipment delivered by Phoenix
Mobile Air, Inc or picked up by the Customer are sold without
warranties, express or implied, "as is, where is" unless there is a
clear agreement with the Customer in writing to the contrary. The
Customer agrees to inspect any and all such equipment before
purchase is completed and to accept the same without any warranty of
MERCHANTABILITY or fitness for a particular purpose.
MERCHANDISE RETURN: In the event Phoenix Mobile Air, Inc agrees to
accept returned merchandise for credit only, written authorization
must be obtained from the home office of Phoenix Mobile Air, Inc,
and must be returned in salable condition, and will bear a 30%
restocking charge.
CANCELLATION BY CUSTOMER: No merchandise may be returned for credit
or replacement except on written approval by Phoenix Mobile Air,
Inc. Orders placed with and accepted by Phoenix Mobile Air, Inc may
not be canceled except with Phoenix Mobile Air, Inc written consent.
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