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 1 year 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.
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.