Warranty

A. Seller warrants its products to be free from defects in material and workmanship for a period of (a) one year for Standard Catalog Products including Amplifiers (b) two years for all SATCOM Products and (c) one year for all Non-Catalog Products including Integrated Assemblies. The designation of "Standard Catalog Products", "SATCOM Products", "Non-Catalog Products" and "Integrated Assemblies" will be determined by Seller. Seller's liability shall be limited to the repair or replacement of the defective item, at the Seller's sole option, provided: (1) Seller is promptly notified in writing upon the discovery of any defect; (2) Buyer assumes payment of all transportation charges; and (3) Any part/item alleged to be defective shall be returned to Seller at 435 Moreland Road, Hauppauge, NY 11788-3926 for inspection, properly packed and all expenses prepaid by Buyer.

B. During the Warranty Period, if equipment fails to meet the foregoing warranties, Seller shall, at its option, correct the failure by: (1) repairing defective or damaged parts or equipment, or (2) making available any necessary repaired or replacement parts, or (3) by providing new or refurbished parts or new or refurbished equipment. Seller will be responsible for shipping charges incurred in returning repaired parts, replacement parts, or equipment to Buyer. All warranty work must be conducted during normal business hours at Seller's place of business. Any repaired or replacement parts or equipment furnished hereunder shall be warranted for the remaining unexpired portion of the original Warranty Period of that part or equipment. The original Warranty Period shall not be extended, unless agreed to in writing by Seller. Where such failure cannot be corrected by Seller's commercially reasonable efforts, Seller will refund to Buyer the fees paid for the parts or equipment less depreciation.

C. Seller's obligations under Paragraph B. shall not apply to any Equipment, or part thereof, which (i) has been modified or otherwise altered other than pursuant to Seller's written instructions or written approval or, (ii) is normally consumed in operation or, (iii) has a normal life inherently shorter than the warranty periods specified, or (iv) is not properly stored, installed, used, maintained or repaired, or (v) where modifications or repairs have been made by other than Seller, or their authorized agents, or, (vi) has been subjected to any other kind of misuse or detrimental exposure, or has been involved in an accident.

D. The preceding paragraphs set forth the exclusive remedies for claims based upon defects in or nonconformity of the Equipment, whether the claim is in contract, warranty, tort (including negligence), strict liability or otherwise, and however instituted. Upon the expiration of the warranty period, all such liability shall terminate. The foregoing warranties are exclusive and in lieu of all other warranties, whether oral, written, expressed, implied or statutory. NO IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE SHALL APPLY.