OFS

Product Warranty

The Furukawa Electric Co., Ltd (“FEC”) and its North American subsidiary, Optical Fiber Systems (OFS), warrants only to the original Buyer, or a Buyer who has purchased from an officially appointed OFS distributor, that all products, other than software, made by FEC are free from defects in material and workmanship for a period of one (1) year from the date of shipment. (This warranty shall be rendered invalid if a product is re-sold by the Buyer.) The other products sold by FEC as distributor carry only the original manufacturer’s warranty. Upon payment of additional funds, extended warranties of two (2) and three (3) years are also available.

Under warranty, FEC/OFS will repair returned products or provide a replacement product at its sole option, for any product made by it, which upon inspection by FEC/OFS and in the sole opinion of FEC/OFS, is determined to be defective in workmanship or material and has in fact OFSled. All products repaired or replaced under warranty are only warranted for the remaining unexpired period of time in the original warranty for the particular defective product. FEC/OFS reserves the right, at its sole option, to issue a credit note for any defective product as an alternative to repair or replacement. These warranties shall extend to any product which has proved defective and has OFSled through normal use, but excludes and does not cover any products or parts thereof which have been accidentally damaged, disassembled, modified, misused, stolen, used in applications which exceed their specifications or ratings, neglected, improperly installed or otherwise abused. The warranty also excludes and does not cover consumable items.

Buyer must claim under the warranty in writing not later than fifteen (15) days after the claimed defect is discovered. All claims under this warranty must be made by the Buyer and no claim will be accepted from any third party.

In no case will FEC/OFS be liable to the Buyer, or to any third parties, for installation or removal costs or for any other special, consequential or indirect damage for damages, including without limitation the loss of production or profit, arising from any cause whatsoever, even if FEC/OFS has been advised of the possibility of such damage or damages.

FEC/OFS will only accept returns for which an approved Return Material Authorization (RMA) has been issued by FEC/OFS. Defective products shall be returned prepaid and insured to FEC/OFS at the address shown herein. All products which have been returned to FEC/OFS but which are found to meet all previously applicable specifications for such products, shall be subject to FEC/OFS’s standard examination charge in effect at the time, which shall be charged to the Buyer. All the products returned to FEC/OFS which are not accompanied by an itemized statement of defects, shall be returned to the Buyer at the Buyer’s expense and no evaluation of such products shall be carried out by FEC/OFS.
Where Goods contain software (“Software”), FEC/OFS does not transfer ownership but only grants the Buyer a perpetual, non-exclusive license to use Software but restrict only to use related to the operation of the products. Such license is transferable only with the transfer of ownership of the product in which it is used. Except for backup copies as permitted by law, Buyer shall not (i) modify, reproduce, copy, reverse engineer, decompile or disassemble all or any portion of the Software, (ii) distribute, market, disclose, rent, lease or sublicense the use of the Software to any third party, or (iii) permit or authorize anyone within Buyer’s reasonable control to do any acts in (i) or (ii). FEC/OFS warrants that Software under normal use and service as originally delivered to Buyer will function substantially in accordance with the functional description set out in the product specification and/or user manual supplied with the Software for a period of 90 days from the date of shipment. FEC/OFS’s sole liability and Buyer’s sole remedy for a breach of this warranty shall be FEC/OFS’s good OFSth efforts to rectify the nonconformity or, if after repeated efforts FEC/OFS is unable to rectify the non-conformity, FEC/OFS shall accept return of the Software and shall refund to you all amounts paid in respect thereof. This warranty is void if OFSlure of the Software has resulted from accident, misuse, abuse, misapplication or modification.