1.1. Limited Warranty.
(a) iDirect warrants to Partner that the Equipment or Refurbished Equipment will during the Warranty Period (defined below), materially conform to iDirect’s applicable published specifications in effect on the date of shipment, and will, under normal use and service, perform free of material defects in accordance therewith. The warranty period (the “Warranty Period) for (a) any Equipment shall be fifteen (15) months from the date iDirect ships the relevant Equipment to Partner and (b) for any Refurbished Equipment shall be sixty (60) days from the date iDirect ships the relevant Refurbished Equipment. Partner may elect to purchase an extended warranty for a particular item of Equipment or Refurbished Equipment. If Partner elects to purchase such extended warranty coverage, Partner must purchase the additional extended warranty coverage (i) for a given item of Equipment within the initial Warranty Period for such given item of Equipment or (ii) for a given item of Refurbished Equipment at the time of purchase order placement for such given item of Refurbished Equipment. The extended warranty option is not available on Equipment or Refurbished Equipment that has entered the End of Life notice period. Depending on the specific extended warranty package purchased by Partner the Warranty Period will be extended to the corresponding time period specified. Depending upon the particular warranty package purchased iDirect shall arrange for evaluation and repair of the covered Equipment or Refurbished Equipment in accordance with the provisions of (b) and (c) within the accelerated timeframes set forth in the corresponding extended warranty packages. Partner shall be charged, in accordance with the applicable fees for returns and repairs performed by iDirect that are (i) outside of the warranty period, (ii) repairs due to misuse of the Equipment or Refurbished Equipment, or (iii) if iDirect determines that there is no trouble found with respect to the particular item of returned Equipment or Refurbished Equipment.
(b) iDirect’s sole obligation, and Partner’s sole remedy, is limited to the repair or replacement, at iDirect’s option, of the defective Equipment’s or Refurbished Equipment’s material non-conformities. In the event of a warranty claim during the Warranty Period, or a request for out-of-warranty service, in respect of Equipment or Refurbished Equipment, Partner will notify the Global Support Website, iSupport Online at http://tac.idirect.net or email tac@idirect.net with the serial number and description of the problem and steps taken to resolve the issue. iDirect may elect to provide additional troubleshooting steps to try and restore the unit locally. If the unit cannot be restored, iDirect shall provide to Partner a RMA tracking number within twenty four (24) hours or the next business day, via e-mail or telephone to be referenced by Partner in the documentation that accompanies the Equipment or Refurbished Equipment being returned to iDirect. Upon receipt of the Equipment or Refurbished Equipment with the RMA tracking number, iDirect shall use commercially reasonable efforts to repair or replace the returned Equipment or Refurbished Equipment at no charge to Partner or End user within thirty (30) days of receipt of the returned Equipment or Refurbished Equipment unless: (i) the Equipment or Refurbished Equipment was altered, repaired, or reworked by a party other than iDirect without iDirect’s prior written consent; (ii) such defects or errors were the result of (1) Partner’s or an End user’s improper testing, installation, or storage, or mishandling, abuse, or misuse of the Equipment or Refurbished Equipment; (2) Partner’s or a End user’s use of the Equipment or Refurbished Equipment in conjunction with another product which is electronically or mechanically incompatible, or of an inferior quality; (3) damage by fire, explosion, power failure, or any act of nature or (4) use of an antenna kit or radio package not provided by, or approved by, iDirect (a list of approved configurations is available from the Global Support Website, iSupport Online at http://tac.idirect.net or email tac@idirect.net; (iii) the Warranty Period for the specific Equipment or Refurbished Equipment has expired; (iv) the Equipment or Refurbished Equipment was damaged as a result of accident; unusual physical, electrical or electromagnetic stress; neglect; misuse; failure or fluctuation of electric power, air conditioning or humidity control; excessive heat; fire and smoke damage; operation of Equipment or Refurbished Equipment and/or Software with other media and hardware, software or telecommunication interfaces not meeting or not maintained in accordance with the manufacturer’s specifications; or causes other than ordinary use; or (v) iDirect determines that there is no defect in the returned Equipment or returned Refurbished Equipment. Defective Equipment or Refurbished Equipment returned during the Warranty Period will be (i) returned by Partner to iDirect’s designated facility, at Partner’s expense, (ii) repaired or replaced by iDirect at no charge to Partner and (iii) shipped to Partner DAP Partner’s designated facility (as defined in Incoterms 2010) and Partner shall be responsible for importation and all applicable taxes. Partner shall assume risk of loss or damage to Equipment or Refurbished Equipment returned to iDirect for repair or replacement until delivery to iDirect.
(c) Partner agrees to pay for all services and expenses not covered by this warranty during the Warranty Period or for any out-of-warranty service request. Partner also agrees to pay iDirect its then-current out-of-warranty service request fee for each out-of-warranty service request. For repair or replacement services that are not covered by the warranty or for any out-of-warranty service request, iDirect shall invoice Partner for (i) iDirect’s services at its then-current rates, (ii) materials and (iii) delivery charges to and from iDirect’s facilities. iDirect reserves the right in its sole discretion to include in the repaired or replaced Equipment embedded software that is upgraded, modified, or different and/or Refurbished Equipment, provided that the Refurbished Equipment will have the same compatibility as the failed Equipment and will offer the same functionality as the failed Equipment did when purchased by Partner. iDirect shall have no obligation to repair a Product three (3) years following the effective date of iDirect’s End of Life date.
(d) The “Warranty Period” for any Equipment or Refurbished Equipment corrected, repaired, or replaced is sixty (60) days from the date of correction or shipment, as applicable, or until the end of the Warranty Period, whichever is longer.
1.2. iDirect makes no representations or warranties about Third Party Software or any Third Party Equipment, but to the extent permitted, will pass through any manufacturer or licensor warranties with respect to such third party materials. Such warranties are set forth or referenced at http://tac.idirect.net. iDirect shall provide reasonable assistance to Partner to facilitate Partner making any warranty claims regarding such third party materials.
1.3. Disclaimer. NEITHER IDIRECT NOR ITS SUPPLIERS WARRANT THAT USE OF PRODUCTS OR ANY SERVICES PROVIDED UNDER THIS AGREEMENT WILL BE UNINTERRUPTED OR ERROR FREE OR AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION DATA TRANSFER RATES OR OVER SUBSCRIPTION LEVELS THAT MAY BE ACHIEVED. EXCEPT AS EXPRESSLY STATED HEREIN, IDIRECT AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NONINFRINGEMENT, ACCURACY, INTEGRATION, AND ALL WARRANTIES ARISING OUT OF USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE AND ALL PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS.