EMCORE BROADBAND, A DIVISION OF EMCORE CORPORATION STANDARD TERMS AND CONDITIONS
REVISED MARCH 2008
THE FOLLOWING TERMS AND CONDITIONS GOVERN ALL SALES OF PRODUCTS AND MATERIALS (“GOODS”) BY EMCORE BROADBAND, A DIVISION OF EMCORE CORPORATION (“EMCORE”), WHETHER MADE PURSUANT TO ORAL OR WRITTEN ORDERS TO EMCORE’S REPRESENTATIVES OR SALESMEN OR TO ITS HOME OFFICE IN ALBUQUERQUE, NEW MEXICO. NO ORDER SHALL CONSTITUTE A CONTRACT UNLESS AND UNTIL ACCEPTED IN WRITING BY EMCORE
Subject to the terms and conditions set forth below, EMCORE warrants the goods to be free from defects in material and workmanship. This warranty shall extend for a period of twelve months for Emcore Broadband (aka Ortel) Products and thirty-six months for Opticomm Products from date of shipment.
EMCORE’s warranty does not apply if, and EMCORE shall have no liability for goods returned by Buyer as to which EMCORE’s examination reveals that:
- (i) the goods have been exposed to unusual or excessive environmental, mechanical, electrical or thermal stress during the course of installation or use;
- (ii) the absolute maximum ratings are exceeded for any reason including, but not limited to, equipment variations, environment variations, the effects of changes in operating conditions due to variations in device characteristics, improper equipment design, improper device installation or application;
- (iii) goods malfunction is the result of misuse, abuse, improper installation or application, alteration, accident, or negligence in use, storage, transportation or handling or if the original identification markings on the goods have been removed, defaced or altered;
- (iv) goods are tested for Buyer by anyone other than EMCORE unless such procedures have EMCORE’s prior written approval; or
- (v) the goods are classified as other than a commercial production unit, e.g. a design verification unit, sample, preproduction unit, developmental unit, prototype unit, incomplete (with notice) or “fallout” (i.e. out of specification with notice) unit. All warranty claims are subject to verification by EMCORE.
The liability of EMCORE hereunder is solely and exclusively limited to replacement, repair or credit at the purchase price at EMCORE’s option for any goods which are returned by Buyer during the applicable warranty period and which are found by EMCORE to be subject to adjustment under this warranty. Buyer must notify EMCORE of any warranty claim within ten (10) days of discovery of the basis therefor, and if Buyer fails to so notify EMCORE by such time, Buyer shall be deemed to have waived such warranty claim.
The foregoing warranties extend to Buyer only, and not to Buyer’s customers or to users of Buyer’s products. These warranties may not be transferred or assigned, and Buyer shall make no warranty with regard to the goods to any of its customers or other users of Buyer’s products, and Buyer shall indemnify and hold EMCORE harmless against any and all claims, demands, liabilities, losses, costs, fees, expenses, damages and injuries (including reasonable attorney fees) (collectively, “Claims”) incurred by EMCORE in connection with, or relating to, any such warranty made by Buyer. These warranties are the only warranties made by EMCORE and shall not be enlarged by representations, descriptions, course of dealing, trade usage, rendering of technical advice, service, samples, models, or otherwise, and EMCORE MAKES NO OTHER WARRANTIES EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.