Radiflow’s Limited Warranty

Radiflow warrants that all Products will be manufactured in accordance with applicable laws and that the customer shall receive good, free and marketable title to the Products, upon delivery, free and clear of any liens, encumbrance or claims. Radiflow further warrants that the hardware and software in all Products to be delivered hereunder shall be free of defects in material and workmanship under normal use and service and shall comply with the applicable Product documentation for a period of thirty six (36) months following the date of shipment (“Warranty Period”).

If, during the Warranty Period, any hardware part of the Product becomes defective by reason of material or workmanship or fails to conform with the applicable documentation, Radiflow shall have the option to choose the appropriate corrective action: a) supply a replacement part, or b) request return of equipment to its plant for repair, or c) perform necessary repair at the equipment’s location. In the event that Radiflow requests the return of equipment, each party shall pay one-way shipping costs.

If during the Warranty Period any software part of the Product performs not according to the specified functionality, Radiflow shall provide a software maintenance release which includes the required bug fix or supply configuration instructions for an alternative operational mode that bypasses the defect. During the Warranty Period, Radiflow shall also provide access to new available maintenance releases which include bug fixes in connection with the warranted Product.

Radiflow shall be released from all obligations under its warranty in the event that the Product has been subjected to misuse, neglect, accident or improper installation, or if repairs or modifications were made by persons other than Radiflow’s own authorized service personnel, unless such repairs by others were made with the written consent of Radiflow.

The above warranty is in lieu of all other warranties, expressed or implied. There are no warranties which extend beyond the face hereof, including, but not limited to, warranties of merchantability and fitness for a particular purpose, and in no event shall Radiflow be liable for consequential damages.

Radiflow shall NOT be liable to any person for any special or indirect damages, including, but not limited to, lost profits from any cause whatsoever arising from or in any way connected with the manufacture, sale, handling, repair, maintenance, distribution or use of the Products.