SUMITOMO ELECTRIC LIGHTWAVE INC. (“WARRANTOR”) ACCEPTS YOUR ORDER ON THE EXPRESS CONDITION THAT YOU (“WARRANTEE”) ASSENT TO THE TERMS AND CONDITIONS BELOW (THE“CONTRACT”), AND NO OTHERS. YOUR ACCEPTANCE AND RECEIPT OF WARRANTOR’S GOODS AND SERVICES SHALL CONSTITUTE YOUR ASSENT TO THE CONTRACT. WARRANTOR SHALL NOT BE BOUND TO WARRANTEE’S DIFFERENT OR ADDITONAL TERMS UNLESS WARRANTOR ACCEPTS SUCH TERMS IN WRITING.
COVERED EQUIPMENT AND/OR PRODUCTS:
This Warranty shall cover the specific optical fiber fusion splicer(s) and specific accessory products included in the Warrantor’s bill-of-materials for the specific optical fiber fusion splicer kit(s) purchased by the Warrantee. This warranty only covers equipment or products purchased from Warrantor authorized distribution channels. Warrantee may not assign or transfer this Warranty without the prior written consent of Warrantor. Any purported assignment or transfer of the Warranty done without Warrantor’s prior written consent is null and void.
WARRANTY PERIOD:
The warranty period begins the day the equipment is shipped from the Warrantor and ends on the third anniversary of the shipment date.
WARRANTY COVERAGE AND EXCLUSIONS:
The Warranty covers the workmanship, components and software of the optical fiber fusion splicer equipment as well as the workmanship and components for any and all accessory products (ie. optical fiber cleaver, jacket remover) that were included in the Warrantor’s bill-of-materials for the specific optical fiber fusion splicer kit purchased by the Warrantee. Provided that Warrantee complies with Warrantor’s return merchandise authorization (RMA) procedure, Warrantor will, at its option, repair or replace the affected optical fiber fusion splicer equipment or accessory products having recognizable serial number labels and proven to be defective within the warranty period. The Warranty does not cover (i) the repair and/or replacement of consumable components or parts, including but not limited to : electrodes, cleaver blades, and jacket remover blades, (ii) non-conformances or defects caused by defective consumable components or parts, (iii) recalibration or additional performance verification unless otherwise required as a result of an under-warranty repair, (iv) damage or malfunction caused by misuse, mishandling, non-qualified repair, disassembly, modification, unsuitable physical or operating environment, improper storage or any other irregular execution, (v) damage or malfunction caused by drop, fall or any other improper treatment such as to be explained in precautions on the user manual, (vi) damage or malfunction caused by actions that are beyond Warrantor’s control including for example, fire, flooding, earthquake, theft, lightning, power surges, power fluctuations, or similar disaster, or any other accident, (vii) damage or malfunction caused by the use of optical fiber fusion splicer equipment or accessory products in conjunction with accessories, products, or consumables not specified or approved by Warrantor, (viii) travel expenses that are charged if a trip for repair is requested by the Warrantee, (ix) damage or malfunction caused by use of AC adapters, batteries and battery chargers not specified or approved by Warrantor, (x) products found burnt, corroded due to exposure to water, liquid, dew condensation, sand, dust, or dirt that is inconsistent with the specifications or user manual, and (xi) ordinary wear and tear.
WARRANTY VOIDANCE:
The Warranty shall be deemed void for the specific equipment if and when the optical fiber fusion splicer and/or accessory product has been (i) altered in any way while not in the physical possession of the Warrantor and without prior written consent of the Warrantor detailing the full and itemized extent of such alterations, (ii) repaired by any unauthorized service center or personnel or in any unauthorized way, or (iii) damaged due to misuse, abuse or mishandling. The determination of whether an action or inaction has occurred that would constitute the voidance of the Warranty shall be at the sole discretion of the Warrantor.
LIMITATION OF LIABILITY:
In no event will Warrantor’s aggregate, cumulative liability to Warrantee arising out of or related to the supply of optical fiber fusion splicer(s) and accessory products exceed the total amount paid to Warrantor by Warrantee for such splicer(s) and accessory products. In no event, whether as a result of breach of contract or warranty, tort (including negligence) or otherwise, shall Warrantor be liable for any indirect, special, punitive, consequential, incidental or exemplary damages, including, without limitation, any loss of profit or revenues, loss of use of any equipment or any other equipment, damage to other equipment, cost of substitute equipment, claim by Warrantee for damages of Warrantee’s customers or down time costs.
SOLE AND EXCLUSIVE REMEDIES:
THE REMEDIES EXPRESSLY PROVIDED IN THIS WARRANTY WILL BE WARRANTEE’S SOLE AND EXCLUSIVE REMEDIES AND SHALL BE IN LIEU OF ANY OTHER RIGHTS OR REMEDIES WARRANTEE MAY HAVE AGAINST WARRANTOR WITH RESPECT TO ANY NON-CONFORMANCE OR DEFECT OF ANY OPTICAL FIBER FUSION SPLICERS OR ANY ACCESSORY PRODUCTS. THE WARRANTIES IN THIS WARRANTY ARE EXCLUSIVE, AND NO OTHER WARRANTY, WHETHER WRITTEN OR ORAL, IS EXPRESSED OR IMPLIED. WARRANTOR SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, DURABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
RETURN MATERIAL AUTHORIZATION (RMA) PROCEDURE:
All claims for defective or non-conforming optical fiber fusion splicer equipment and accessory products will be repaired or replaced at the sole discretion of Warrantor. All returned equipment or products must have a valid Warrantor RMA number. This number is necessary to ensure proper tracking and handling of returned equipment or products. Do not return any equipment or products until an RMA is issued. Warrantor reserves the right to refuse shipments that do not have an authorized RMA number. To obtain an RMA number, contact Warrantor’s customer service department at info@sumitomoelectric.com or utilize Warrantor’s online RMA process at Sumitomoelectriclightwave.com. You will receive an email from Warrantor’s customer service department with an RMA number and instructions on where and how to send the affected equipment and/or products to Warrantor’s customer service department.