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<br />IIEIIH.-'a'EL
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<br />COMMUNICATIONS INC.
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<br />WARRANTY TERMS AND CONDITIONS
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<br />1. Acceptance by the customer named on this bid/quote ("Customer") of any of the products and services listed on the bid/quote shall
<br />constitute acceptance by Customer of all terms and conditions contained herein.
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<br />2. BERK- TEL COMMUNICATIONS INC. MAKES NO WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, FOR ANY
<br />PRODUCT SOLD BY BERK-TEL COMMUNICATIONS, INC. TO CUSTOMER. INCLUDING WITIIOur LIMITATION,
<br />WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL BERK- TEL
<br />COMMUNICATIONS, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
<br />INCLUDING CONDmONS OR OTHERWISE. CUSTOMER'S SOLE AND EXCLUSIVE REMEDY SHALL BE LIMITED TO
<br />THAT SET FORTH HEREIN, WHICH SHALL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCTS(S) PURCHASED
<br />PURSUANT HERETO. However BerIe-Tel Communications, Inc. will pass-through to customer all manufacturers' warranties that
<br />are available to Berk- Tel Communications, Inc. for up to one year from the date of purchase. Software purchases cany a ninety-day
<br />warranty. Berte-Tel Communications, Inc. will not issue refunds for defective products, but will, during such one year period, make
<br />every effort to repair or replace the defective product as soon as possible. Berk-Tel Communications retains the right, but not the
<br />obligation, to substitute similar products if the returned product is unavailable. The "pass-through" warranty obligations ofBerk-Tel
<br />Communications, Inc. set forth herein are contingent upon, and subject to, agreements between Berk- Tel Communications, Inc. and
<br />it's manufacturers, which agreements may change from time to time without notice to Customer. If the manufacturers' warranty
<br />exceeds one year or if the manufacturer does not honor its full warranty to Berk- Tel Communications, Inc., Customer will be required
<br />to obtain any additional warranty service or information directly from the manufacturer.
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<br />Most manufacturers' warranties apply to defects encountered during normal use of the product while following the
<br />manufacturer's operating and installation instructions. These warranties generally do not apply if the damage or defect
<br />results from: (a) failure to follow such operating or installation instructions: (b) any negligence, mishandling or accident:
<br />(c) use of unauthorized parts or service. Further, most warranties will be voided if the product has been altered in any way,
<br />including without limitation, Products that have been scratched, defaced, labeled or indelibly marked, products with altered
<br />serial numbers, or factory sealed parts that have been tampered with or broken: (d) acts of God including, but not limited
<br />to, Lightning, Flood, Fire, etc.: (e) power brownouts or power surges: (f) war, or: (g) acts or omissions of communications
<br />carriers.
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<br />Berk-Tel Communications, Inc. will not provide, without additional charge, any maintenance or parts in cases involving
<br />damage or failures caused by the following: (a) failure to follow Berk-Tel Communications, Inc. installation, operation, or
<br />maintenance instructions, (b) unauthorized modification of Products or the movement of any Product other than by Berk-
<br />Tel Communications, Inc. or its agents, (c) misuse, abuse, or negligent acts. Furthermore, warranties do not include: (a)
<br />any adds, moves and changes performed at Customer's request, (b) third party contractor or service Provider failure or
<br />fault, (c) user error, or (d) any other causes beyond the reasonable control ofBerk.-Tel Communications, Inc.
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<br />In order to obtain replacement for defective parts purchased from Berk-Tel Communications, Inc., Customer's account with Beck-Tel
<br />Communications, Inc. must be current. Products found to be defective by Berk-Tel Communications, Inc. will be repaired or replaced
<br />as soon as possible, subject to product availability. Repaired or replacement product(s) will be shipped to Customer via ground
<br />shipping prepaid If other than ground shipping is requested by Customer, those charges will be borne by the Customer.
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<br />3. Any matters relating hereto shall be interpreted and construed in accordance with the laws of the State of Minnesota and venue for
<br />any actions arising hereunder shall be had only in Washington County, Minnesota.
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<br />4. This constitutes the entire agreement between Berk.- Tel Communications, Inc. and Customer and supersedes all Customer purchase
<br />orders and other agreements between Berk.- Tel Communications, Inc. and Customer. This agreement may be modified only with the
<br />prior written approval of Berk-Tel Communications, Inc.'s Chief Financial Officer. No course of dealing and no delay or omission on
<br />the part of Berk-Tel Communication, Inc. in exercising any right hereunder shall operate as a waiver of such right or any other right
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<br />5. All materials and equipment remain the property of Berk-Tel Communications, Inc. until the invoice is paid in full.
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<br />AUTHORIZED SIGNATURE:
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<br />BERK-TEL COMMUNICATIONS, INC. 944 S. LAKE STREET FOREST LAKE, MN 55025
<br />PH: 877-362-6177 FAX: 651-982-4828 www.berk-tel.com
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<br />An Equal Opportunity Woman Owned Business
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