COMMERCIAL WARRANTY


General Information


This warranty applies within the fifty (50) United States, the District of Columbia and Canada.

LIMITED WARRANTY
MOTOROLA COMMUNICATION PRODUCTS

If the affected product is being purchased pursuant to a written Communications System Agreement signed by Motorola, the warranty contained in that written agreement will apply. Otherwise, the following warranty applies.

I. WHAT THIS WARRANTY COVERS AND FOR HOW LONG:

Motorola Solutions, Inc. or, if applicable, Motorola Canada Limited ("Motorola") warrants the Motorola manufactured radio communications product, including original equipment crystal devices and channel elements ("Product"), against material defects in material and workmanship under normal use and service for a period of One (1) Year from the date of shipment.

Motorola, at its option, will at no charge either repair the Product (with new or reconditioned parts), replace it with the same or equivalent Product (using new or reconditioned Product), or refund the purchase price of the Product during the warranty period provided purchaser notifies Motorola according to the terms of this warranty. Repaired or replaced Product is warranted for the balance of the original applicable warranty period. All replaced parts of the Product shall become the property of Motorola.

This express limited warranty is extended by Motorola to the original end user purchaser purchasing the Product for purposes of leasing or for commercial, industrial, or governmental use only, and is not assignable or transferable to any other party. This is the complete warranty for the Product manufactured by Motorola. Motorola assumes no obligations or liability for additions or modifications to this warranty unless made in writing and signed by an officer of Motorola. Unless made in a separate written agreement between Motorola and the original end user purchaser, Motorola does not warrant the installation, maintenance or service of the Product.

Motorola cannot be responsible in any way for any ancillary equipment not furnished by Motorola which is attached to or used in connection with the Product, or for operation of the Product with any ancillary equipment, and all such equipment is expressly excluded from this warranty. Because each system which may use the Product is unique, Motorola disclaims liability for range, coverage, or operation of the system as a whole under this warranty.

II. GENERAL PROVISIONS:

This warranty sets forth the full extent of Motorola's responsibilities regarding the Product. Repair, replacement or refund of the purchase price, at Motorola's option, is the exclusive remedy. THIS WARRANTY IS GIVEN IN LIEU OF ALL OTHER EXPRESS WARRANTIES. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL MOTOROLA BE LIABLE FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCT, FOR ANY LOSS OF USE, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, LOST PROFITS OR SAVINGS OR OTHER INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH PRODUCT, TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW.

III. HOW TO GET WARRANTY SERVICE:

Purchaser must notify Motorola's representative or call Motorola's Customer Response Center at 1-800-247-2346 within the applicable warranty period for information regarding warranty service.

IV. WHAT THIS WARRANTY DOES NOT COVER:

A.    Defects or damage resulting from use of the Product in other than its normal and customary manner.

B.    Defects or damage from misuse, accident, water, or neglect.

C.    Defects or damage from improper testing, operation, maintenance, installation, alteration, modification, or adjustment.

D.    Breakage or damage to antennas unless caused directly by defects in material workmanship.

E.    A Product subjected to unauthorized Product modifications, disassemblies or repairs (including, without limitation, the addition to the Product of non-Motorola supplied equipment) which adversely affect performance of the Product or interfere with Motorola's normal warranty inspection and testing of the Product to verify any warranty claim.

F.    Product which has had the serial number removed or made illegible.

G.    Batteries (they carry their own separate limited warranty).

H.    A Product which, due to illegal or unauthorized alteration of the software/firmware in the Product, does not function in accordance with Motorola's published specifications or with the FCC type acceptance labeling in effect for the Product at the time the Product was initially distributed from Motorola.

I.      Scratches or other cosmetic damage to Product surfaces that does not affect the operation of the Product.

J.     That the software in the Product will meet the purchaser's requirements or that the operation of the software will be uninterrupted or error-free.

K.    Normal and customary wear and tear.

L.     Non-Motorola manufactured equipment unless bearing a Motorola Part Number in the form of an alpha numeric number (i.e., TDE6030B).

V. GOVERNING LAW

In the case of a Product sold in the United States and Canada, this Warranty is governed by the laws of the State of Illinois and the Province of Ontario, respectively.

VI. PATENT AND SOFTWARE PROVISIONS:

Motorola will defend, at its own expense, any suit brought against the end user purchaser to the extent that it is based on a claim that the Product or its parts infringe a United States patent, and Motorola will pay those costs and damages finally awarded against the end user purchaser in any such suit which are attributable to any such claim, but such defense and payments are conditioned on the following:

A.    that Motorola will be notified promptly in writing by such purchaser of any notice of such claim;

B.    that Motorola will have sole control of the defense of such suit and all negotiations for its settlement or compromise; and

C.    should the Product or its parts become, or in Motorola's opinion be likely to become, the subject of a claim of infringement of a United States patent, that such purchaser will permit Motorola, at its option and expense, either to procure for such purchaser the right to continue using the Product or its parts or to replace or modify the same so that it becomes non-infringing or to grant such purchaser a credit for the Product or its parts as depreciated and accept its return. The depreciation will be an equal amount per year over the lifetime of the Product or its parts as established by Motorola.

Motorola will have no liability with respect to any claim of patent infringement which is based upon the combination of the Product or its parts furnished hereunder with software, apparatus or devices not furnished by Motorola, nor will Motorola have any liability for the use of ancillary equipment or software not furnished by Motorola which is attached to or used in connection with the Product. The foregoing states the entire liability of Motorola with respect to infringement of patents by the Product or any its parts thereof.

Laws in the United States and other countries preserve for Motorola certain exclusive rights for copyrighted Motorola software such as the exclusive rights to reproduce in copies and distribute copies of such Motorola software. Motorola software may be used in only the Product in which the software was originally embodied and such software in such Product may not be replaced, copied, distributed, modified in any way, or used to produce any derivative thereof. No other use including, without limitation, alteration, modification, reproduction, distribution, or reverse engineering of such Motorola software or exercise of rights in such Motorola software is permitted. No license is granted by implication, estoppels or otherwise under Motorola patent rights or copyrights.

Motorola Limited Software Warranty

For the first one hundred twenty (120) days following its initial shipment, Motorola warrants that, when properly used, its software will be free from reproducible defects that cause a material variance from its published specification. However, Motorola does not warrant that program operation will be uninterrupted or error-free, that each defect will be corrected, or that any program will meet Licensee's particular requirements.

Motorola's total liability and Licensee's sole remedy for any warranted software shall be limited to, at Motorola's option, software replacement or the payment of Licensee's actual damages, not to exceed the total licensed charge paid by Licensee to Motorola for the item of software that caused the damage.

IN NO EVENT SHALL MOTOROLA BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF USE, TIME OR DATA, INCONVENIENCE, COMMERCIAL LOSS, LOST PROFITS OR SAVINGS) TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW EVEN IF MOTOROLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM AGAINST LICENSEE BY ANY OTHER PARTY.

This warranty extends only to the first licensee; subsequent transferees accept these programs "as is" and without warranties of any kind. THIS WARRANTY IS GIVEN IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

The classification of defects in Motorola supplied software shall be the responsibility of Motorola. Remedy of defects is at the sole discretion of Motorola. If Motorola agrees to remedy a software defect, the new software will be warranted until the end of the original warranty period.

Replacement of any software defect shall constitute Motorola supplying the customer with the appropriate software media and authorization key. Field installation and configuration are not included.

All warranty service will be performed at service locations designated by Motorola. Travel and associated expenses of the Licensee or such expenses incurred by Motorola for visits to Licensee's location by Motorola personnel are not covered by this warranty. This warranty does not cover an item of Software (i) used in other than its normal and customary manner; (ii) subjected to misuse; (iii) subjected to modifications by Licensee or by any party other than Motorola without the prior written consent of Motorola.

For the first one hundred twenty (120) days following its initial shipment, Motorola warrants that the media carrying the software will be free from defects which damage the performance of the software. Motorola will replace any damaged media free of charge during the warranty period. Warranted media is limited to that which is used to transport the software (e.g. floppy disks and authorization key). PROMs which may store the software in equipment are covered in the hardware warranty.

Field software updates/upgrades and new enhancement option software will be warranted for one hundred twenty (120) days from the date of initial shipment.

All special software ("SP") provided to customers by Motorola will be warranted as set forth herein.

 


Return Policy


Motorola does not have a return Policy in place. Returns will be taken on a case by case basis and handled individually. Typically 15% restocking if returned in unopened original boxes with 60 days of receipt of shipment.

 

COMMERCIAL WARRANTY
for
NICKEL-CADMIUM BATTERIES


General Information


COMMERCIALWARRANTY FOR NICKEL-CADMIUM BATTERIES

Nickel-Cadmium batteries sold by Motorola are warranted to be free from defects in workmanship and material for a period of twelve (12) months from the date of shipment. This express warranty is extended by Motorola Communications and Electronics, Inc., 1301 E. Algonquin Road, Schaumburg, Illinois 60196, to the original purchaser only, and only to those purchasing for purpose of leasing or solely for commercial, industrial, or governmental use.

THIS WARRANTY IS GIVEN IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED WHICH ARE SPECIFICALLY EXCLUDED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL MOTOROLA BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW.

Batteries sold for use in citizen Band or Marine products are excluded from this warranty but may carry their own separate limited warranty.

NICKEL-CADMIUM Batteries will be replaced without cost during this twelve (12) month period if:

1. the battery capacity falls below 80% of rated capacity, or
2. the battery develops leakage.

Purchaser shall be responsible for all charges incurred in returning batteries to Motorola. Motorola will be responsible for all charges incurred in shipping replacement batteries to the purchaser.

Replacement batteries are warranteed only for the remaining unexpired warranty period of the original battery. This warranty becomes void if:

a. the batteries are charged by other than Motorola approved battery chargers specified for the charging of the battery;
b. any of the seals on the battery enclosure of cells are broken or show evidence of tampering;
c. the battery is used in equipment or service other than the radio equipment for which it is specified.

In order to obtain performance of this warranty, purchaser must contact a Motorola salesperson or Motorola at the address first above shown, Attention: WSAPD.

This warranty applies only within the United States.

 

SERVICE FROM THE START (SfS) -LITE
SOW


General Information


Description of Service from the Start (SfS):
SfS is an optional service plan available in addition to Motorola's standard Commercial Warranty for select Motorola manufactured two-way, data, paging subscriber and subscriber equipment for an additional fee. This plan is available for purchase at the time of an equipment order. This plan may also be purchased after the equipment order but prior to the expiration of the standard commercial warranty period. Service performed under this plan consists of repair or replacement of the covered equipment as set forth in the SOW herein. Service is provided by a designated Motorola facility. This plan is extended by Motorola Solutions, Inc. (“Motorola”) to the original purchaser or lessee only, and only to those purchasing or leasing for commercial, industrial, or public service use (“Customer”). This plan is not assignable or transferable to any other party and applies within the fifty (50) United States and the District of Columbia.

SOW

1.0    Description

Service From the Start-LITE provides board level service for the Equipment that is specifically named in the applicable agreement to which this Statement of Work (SOW) is attached or any of the agreement’s subsequent revisions.  Services are performed at the Radio Support Center (RSC), or Federal Technical Support Center. 

In addition to Equipment specifically named in the applicable agreement to which this Statement of Work is attached, Service From the Start LITE includes service on single mobile control heads provided that they are required for normal operation of the Equipment and are included at the point of manufacture.

 

Service From the Start LITE excludes repairs to: optional accessories; standard mobile palm microphones; non-standard mobile microphones; iDEN accessories; iDEN mobile microphones; portable remote speaker microphones; optional or additional control heads; mobile external speakers; single and multiple unit portable chargers; batteries; mobile power and antenna cables; mobile antennas; portable antennas, and power supplies.  Engraving service is not covered under standard Service From the Start LITE.  This service does not cover defects, malfunctions, performance failures or damage to the unit resulting from physical, liquid, or chemical damage. An estimate for non-covered repairs will be provided for units displaying extensive damage.  

 

Service From the Start LITE is non-cancelable and non-refundable.  If Equipment is added to the agreement subsequent to the Start Date, these units are also non-cancelable and non-refundable for the agreement duration.  All Equipment must be in good working order on the Start Date or when additional Equipment is added to the agreement.  Equipment may only be added to the agreement, via a customer signed or emailed Motorola Inventory Adjustment Form (IAF).  Complete and accurate serial numbers and model descriptions must be supplied.All inventory adjustment requests for add-on subscriber units received prior to the 15th of the month will be effective the 1st of the following month. Equipment add-on requests received after the 15th of the month will be effective the 1st of the next succeeding month.

 

Equipment deletions from the agreement may only be deleted under the following limited conditions:

a) Equipment was stolen and proof of theft is provided to Motorola; or
b) Motorola determines Equipment is damaged beyond repair; or
c) Motorola determines Equipment is no longer supportable or is obsolete; or
d) Equipment had already been under a previous contract for at least the twelve month requirement.

Equipment deletions, where applicable, will be effective at the end of the month in which the request was received.               

The terms and conditions of this Statement of Work are an integral part of the Motorola Service Agreement or other applicable agreement to which it is attached and made a part thereof by this reference.  If there are any inconsistencies between the provisions of the Motorola Service Agreement or other applicable agreement and this Statement of Work, the provisions of this Statement of Work shall prevail.

2.0    Motorola has the following responsibilities:

2.1      Test and Restore the Equipment to Motorola factory specifications, including Factory Mutual (FM), and Mine Hazard Safety Association (MHSA).

2.2      Reprogram Equipment to original operating parameters based on the Customer template, if retrievable, or from a Customer supplied backup.  If the Customer template or code plug is not usable, a generic template or code plug utilizing the latest Radio Service Software (RSS) or Customer Programming Software (CPS) version for that Equipment will be used.  The Equipment will require additional programming by the Customer to Restore the original template.  All Firmware is upgraded to the latest release for each individual product line.

2.3      Clean external housing of the Equipment.  External components of unit will only be replaced when functionality has been diminished. 

2.4      Pay the outbound freight charges. Motorola will pay the inbound freight charges if the Customer uses the Motorola designated delivery service.

2.5      Provide the Motorola repair request and Inventory Adjustment Form (IAF) via Motorola On Line (MOL).

2.6      Process inventory adjustment requests received by email or fax from Customer.  If the request is received by email, Motorola will email an acknowledgement to the sender.

2.7      Perform covered services as requested by Customer on the Motorola repair request form.

2.8      If applicable, notify Customer of changes in Motorola designated inventory adjustment email address or fax number.

3.0    Customer has the following Responsibilities:

3.1      Supply Motorola complete and accurate serial numbers and model description.

3.2      Utilize the Motorola designated delivery service program to obtain Motorola payment for inbound shipping

3.3      Access the Motorola repair request form and Inventory Adjustment Form (IAF) through Motorola On Line (MOL).

3.4      Initiate service request via Motorola On Line (MOL) or complete a Motorola repair request form with contract number referenced, and submit with each unit of Equipment sent in for service.  Mobile control heads or accessory items sent in must reference the serial number of the main unit.

3.5      If desired, supply Motorola with a Software template or programming in order to assist in returning the Equipment to original operating parameters.  This step must be completed for Equipment that will not power up.  If applicable, record the current flashcode for each radio.

3.6      If Motorola must utilize a generic template or code plug to Restore Equipment to operating condition, Customer is responsible for any programming required to Restore Equipment to desired parameters.

3.7      Provide a signed or emailed Motorola Inventory Adjustment Form (IAF) for all Equipment additions.

3.8      Local services or annual maintenance required for maintaining normal operation of the equipment, unless specified on the service agreement.   

 

 

Service from the Start (SfS) Comprehensive with Radio Purchase

SOW


General Information


Service from the Start (SfS) Comprehensive with Radio Purchase is an optional service plan available in conjunction with Motorola’s standard Commercial Warranty for select Motorola manufactured two-way subscriber equipment. This plan is available for purchase at the time of an equipment order. The plan is paid in full at the time of purchase and is non-cancelable and non-refundable.

Description of Service from the Start (SfS) Comprehensive:
Service From The Start (SFS) Comprehensive  provides all-component level service for the Equipment that is specifically named in the applicable agreement to which this Statement of Work (SOW) is attached or any of the agreement’s subsequent revisions.  Services are performed at the Radio Support Center (RSC), or Federal Technical Support Center. 

SFS Comprehensive is only applicable on  XTS®, XTL™,APX™, and some MOTOTRBO™model radios. A radio model may be added to an SFS Comprehensive service agreement while it is currently being manufactured by Motorola, or for up to one (1) year after manufacturer cancellation date of said model

SFS Comprehensive includes:

·         Repair and or replacement of cracked housings, frames, covers, crushed components, shields, missing components, circuit boards, warped circuit boards

·         Damage to LCD screens (cracks to screen, or any damage that does not pass Motorola test parameters)

·         Damaged foils/traces/lands

·         Electrical damage

·         Water/chemical corrosion

·         Contaminants visible which cannot be cleaned up reliably

The customer will incur additional charges at the prevailing rates for any of the following activities, which are NOT covered under SfS Comprehensive with Radio Purchase:

1. Replacement of consumable parts or accessories, as defined by product, such as  batteries, antennas, and other similar items

2. Damages from natural or man-made disasters where normal use of the product was not a factor, such as but not limited to fire, theft, and floods that would cause internal and external component damage or destruction.

3. Non-remedial work, such as but not limited to firmware or protocol upgrades, reprogramming, and product configuration

4. Repair of non-covered products

5. Damages caused by using the device outside of the product’s operational and environmental specifications

6. Damages caused as a result of the device being modified or repaired by a third party

Motorola reserves the right to monitor the customer’s repair history under this SFS Comprehensive service agreement. Motorola may take appropriate action if the customer’s repair history under this SFS Comprehensive service appears to be in violation of this Statement of Work.

 

MOTOTRBO, XTS, XTL and APX model radios that are presently on a standard service agreement may be transferred to an SFS Comprehensive service agreement. These transferred units must either be models that are currently being manufactured by Motorola or models where manufacturing by Motorola was canceled within the prior 364 days.

                                                                                    

Customers who wish to add MOTOTRBO, XTS, XTL  and APX model radios that are currently being manufactured by Motorola that are not presently on a standard service agreement must be operating in accordance with Motorola specifications, and are not damaged. If Customer attempts to add radios to the SFS Service Agreement that are not operating in accordance with Motorola specifications or are damaged, Motorola may either terminate the Service Agreement, as provided in the Service Terms and Conditions, or in its sole discretion, Motorola may terminate just those services covered by this SFS Comprehensive Statement of Work.

 

Motorola recommends a Preventative Maintenance check be completed on radios that are not currently under an SFS service agreement so the customer can confirm radios are operational and aligned with Motorola specifications, and are not damaged.

 

In addition to Equipment specifically named in the applicable agreement to which this Statement of Work is attached, Service From the Start Comprehensive includes single mobile control heads provided that they are required for normal operation of the Equipment and are included at the point of manufacture.

 

SFS Comprehensive excludes repairs to: optional accessories; standard mobile palm microphones; non-standard mobile microphones; iDEN mobile microphones; portable remote speaker microphones; optional or additional control heads; mobile external speakers; mobile power and antenna cables; and power supplies.  Engraving service is not covered under SFS Comprehensive. 

 

SFS Comprehensive is non-cancelable and non-refundable.  If Equipment is added to the agreement subsequent to the Start Date, these units are also non-cancelable and non-refundable for the agreement duration.  Equipment may only be added to the agreement, via a customer signed or emailed Motorola Inventory Adjustment Form (IAF).  Complete and accurate serial numbers and model descriptions must be supplied.

 

All inventory adjustment requests for add-on subscriber units received prior to the 15th of the month will be effective the 1st of the following month. Equipment add-on requests received after the 15th of the month will be effective the 1st of the next succeeding month. 

 

Equipment deletions from the agreement may only be deleted under the following limited conditions:

a) Equipment was stolen and proof of theft is provided to Motorola; or

b) Motorola determines Equipment is damaged beyond repair; or

c) Motorola determines Equipment is no longer supportable or is obsolete; or

d) Equipment had already been under a previous contract for at least the twelve month requirement.

 

Equipment deletions, where applicable, will be effective at the end of the month in which the request was received.            

 

The terms and conditions of this Statement of Work are an integral part of the Motorola Service Agreement or other applicable agreement to which it is attached and made a part thereof by this reference.  If there are any inconsistencies between the provisions of the Motorola Service Agreement or other applicable agreement and this Statement of Work, the provisions of this Statement of Work shall prevail.

  Motorola has the following responsibilities:

1. Test and Restore the Equipment to Motorola factory specifications, including Factory Mutual (FM), and Mine Hazard Safety Association (MHSA).

2.  Reprogram Equipment to original operating parameters based on the Customer template, if retrievable, or from a Customer supplied backup.  If the Customer template is not usable, a generic template or code plug utilizing the latest Radio Service Software (RSS) or Customer Programming Software (CPS) version for that Equipment will be used.  The Equipment will require additional programming by the Customer to restore the original template.  All Firmware is upgraded to the latest release for each individual product line.

3. Clean external housing of the Equipment.  External components of unit will only be replaced when functionality has been diminished.

4. Replace currently manufactured Equipment if it is determined that the Equipment is unrepairable. Motorola will contact the customer to inform them if Equipment needs to be replaced and that the cycle time may be increased because of the replacement. If unrepairable Equipment is no longer manufactured, the customer will have the option of having the radio returned unrepaired to them.

5. Pay the outbound freight charges. Motorola will pay for outbound shipping via Motorola’s published ship card.   Motorola will pay the inbound freight charges if the Customer uses the Motorola designated delivery service.

6.  Provide Customer with the Motorola repair request form and Inventory Adjustment Form (IAF). 

7. Perform covered services as requested by Customer on the Motorola repair request form.

8. Process inventory adjustment requests received by email or fax from Customer.  If the request is received by email, Motorola will email an acknowledgement to the sender.

9. If applicable, notify Customer of changes in Motorola designated inventory adjustment email address or fax number.

Customer has the following Responsibilities:

1. Supply Motorola complete and accurate serial numbers and model description.

2. Utilize the Motorola designated deliver service program to obtain Motorola payment for inbound shipping.

3. Access the Motorola repair request form through Motorola On Line

4. Initiate service request via Motorola On Line or complete a Motorola repair request form with contract number referenced, and submit it with each unit of Equipment sent in for service. Mobile control heads or palm microphones sent in must reference the serial number of the main unit.

5. If desired, supply Motorola with a backup Software template or programming in order to assist in return the Equipment to original operating parameters. this step must be completed for Equipment that will not power up. If applicable, record the current flashcode for each radio.

6. If Motorola must utilize a generic template or code plug to Restore Equipment to operating condition, Customer is responsible for any programming required to Restore Equipment to desired parameters.

7. Provide a signed or emailed Motorola Inventory Adjustment Form (IAF) for all Equipment additions.