Professional Documents
Culture Documents
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Table of Contents
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1. SOLUTION OVERVIEW
ETS-Lindgrens AMS-8040 Antenna Measurement System is built for testing mobile handsets in freespace environment.
The system is a compact, fully-anechoic RF-shielded enclosure
designed specifically for antenna measurements. This overthe-air test system is ideal for wireless device measurements
including:
Desense testing
Regression testing
1.1
Positioner Overview
The system includes a unique light-duty 2-axis positioner to
enable 3D antenna measurements.
The positioner is
constructed of primarily low-dielectric materials. The positioner
is designed for handheld devices weighing up to 1 lb. (454g)
[AMS-8041: 2.2 lbs. (998g)].
The positioner is controlled by EMQuest via Ethernet.
Control signal is passed through the enclosure via fiber optics
and converted to Ethernet at the control computer.
1.2
Path Length
Typical RF Isolation
> 80 dB
Weight
525 lbs. ( 238 kg) [AMS-8041 Option: 575 lbs. ( 261 kg)]
Electrical Requirements
Solution Overview
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1.3
This service is provided with the assumption that the Customer has staff with existing
expertise in wireless measurement systems and antenna measurement. It is assumed that
the personnel to be trained have a basic understanding of antenna measurement science
and the use of spectrum analyzers, vector network analyzers, and universal communication
testers.
1.4
Customer Responsibilities
The system (both AMS-8040 and 8041) ships fully-assembled. Upon receipt, Customer
must uncrate the system and move it into position prior to ETS-Lindgren arriving to
perform set-up and calibration services.
Set up the computer and connect to the system using the included fiber optic cable.
Connect the dedicated ground stud to a dedicated parent facility grounding point.
Provide the following power within 5 feet of the location where the AMS-8040 will be
located:
208/240 VAC 50-60Hz 10A NEMA 6-15 or 115/230 VAC 50-60Hz 5A NEMA 5-15
Provide ETS-Lindgren Model 3126-series precision sleeve dipole antennas for range
calibration; whether purchased separately or part of an optional Test Package
Supply all RF cables to support set-up and calibration services and perform desired
unless an optional Test Package is selected
Supply all cables necessary to perform any additional testing with the following
exceptions:
ETS-Lindgren will supply the cables described in section 3.1 as part of the baseline
configuration
Solution Overview
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2. PRICING SUMMARY
2.1
PRICE (USD)
2.2
$ 73,000
ESTIMATED FREIGHT:
$ TBD
PRICE (USD)
AMS-8041 Option including a larger test cell measuring of 6-7 x 2-10 x 33 (201.4cm x 87.4cm x 101.1cm) L x W x D and an additional BNC
connector for triggered acquisition functionality.
Pricing Summary
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$ 20,000
2.3
2.4
PRICE (USD)
(Section 4.1)
$ 60,950
(Section 4.2)
$ 54,345
(Section 4.3)
$ 27,100
(Section 4.4)
$ 27,100
(Section 4.5)
$ 27,100
(Section 4.6)
$ 54,075
(Section 4.7)
$ 75,255
(Section 4.8)
$ 25,695
PRICE
$ 4,995
$ 4,100
$ 4,100
$ 4,995
$ 4,100
$ 4,100
$ 4,100
$ 5,500
Pricing Summary
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DESCRIPTION
PRICE
$ 4,995
$ 4,995
$ 4,995
2.5
DESCRIPTION
PRICE
$ 9,975
$ 1,025
$ 14,175
$ 1,540
TOTAL price excludes freight and sales taxes. All pricing is subject to the attached Terms and Conditions. A Purchase order
may only be issued on a Final/Firm Fixed Proposal.
Pricing Summary
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System Components
MODEL NO
DESCRIPTION
QTY
1 Lot
RF-Shielded Door
Single-leaf dual-latching manual RF-shielded door with a nominal clear
7000-001
7001-002
Note: One or more Precision-Sleeve Dipole Antennas are required for range
calibration. Dipoles are included with the optional Test Packages however, if no
package is selected, a dipole must be purchased or provided by the Customer
Integrated dipole mounting bracket located inside door for easy access
Connector Panel
Connector Panel including:
1 Lot
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Note: Three (3) developed drivers are included with this license and must be
selected at time of order.
111069
3.2
DESCRIPTION
QTY
1 Lot
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DESCRIPTION
QTY
Antennas
3126-800
3126-900
3126-1850
3126-2150
Software
EMQuest EMQ-100 Drivers for Cellular testing including GSM,
1 Lot
Integration
Integration of the components in this package and orientation of lab
4.2
DESCRIPTION
QTY
Antennas
3126-2500
Note: Includes standard calibration from 2250 2750 MHz with symmetry being
less than 0.2 dB from 2312 2687 MHz
3126-5500
Note: Includes standard calibration from 5000 6000 MHz with symmetry being
less than 0.2 dB from 5400 5600 MHz
Software
Driver for Wi-Fi Communication Tester. Currently available for:
1 Lot
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MODEL NO
DESCRIPTION
QTY
Integration
Integration of the components in this package and orientation of lab
4.3
DESCRIPTION
QTY
Antennas
3126-700
Software
EMQ-109
1 Lot
Integration
Integration of the components in this package and orientation of lab
1 Lot
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4.4
DESCRIPTION
QTY
Antennas
3126-1575
Software
EMQ-106
1 Lot
Note: Currently, the R&S A-GPS solution only functions with Windows XP
operating systems. Selecting 397075 requires driver P/Ns 397009, 397011, or
397014 and the CMU-200 K90 option.
1 Lot
Integration
Integration of the components in this package and orientation of lab
4.5
DESCRIPTION
QTY
Antennas
3126-1575
Software
EMQ-111
1 Lot
Integration
Integration of the components in this package and orientation of lab
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4.6
DESCRIPTION
QTY
Antennas
3126-2400
Software
397090
1 Lot
Miscellaneous
115195
118281
Integration
Integration of the components in this package and orientation of lab
4.7
DESCRIPTION
QTY
Software
EMQ-107
1 Lot
7001-002
7001-003
Filter Matrix with ten (10) high-pass filters and preamplifier (3U rack
height)
Integration
Integration of the components in this package and orientation of lab
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4.8
DESCRIPTION
QTY
Antennas
3126-1925
3126-2600
Software
TD-SCDMA Driver. Currently available for:
1 Lot
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5.1
5.2
Remittance Information
Payment by Check
(Mail)
ETS-Lindgren Inc.
P. O. Box 841147
Kansas City, MO 64184-1147
Payment by Check
(Overnight Courier)
Commerce Bank
811 Main KC LBX - 841147
Kansas City, MO 64105
Phone: 1-800-207-0886
Bank:
ABA:
Account:
Account Name:
Commerce Bank
101000019
208012547
ETS-Lindgren Inc.
Price Validity
Sixty (60) days from the date of this proposal
5.3
5.4
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5.5
Additional Clarifications
Proposal does not include design reviews at the Clients location or as-built drawings.
Pricing is based on utilizing ETS-Lindgren non-union labor (open shop) onsite.
Price excludes any applicable sales taxes, freight, performance bonds, permits or fees relating
to permits, plan checks, customs or other fees unless stated otherwise.
The proposed equipment does not include ISO 17025 calibration. If Client intends to seek
accreditation, this calibration can be added at an additional cost.
ETS-Lindgren Inc. shall not be obligated to accept or proceed under any proposed contract
resulting from this proposal prior to review and full acceptance of terms and conditions, if such
terms and conditions were not provided with a Request for Proposal (RFP).
This proposal represents ETS-Lindgrens current design concept for the contemplated effort.
ETS-Lindgren reserves the right to 1) change design concepts to utilize the most current
technology available at the time of design finalization and 2) to substitute components or parts
that are equivalent or better in performance to those specified in this offer.
This proposal, as drafted is all-inclusive. No prior verbal or written agreements are to be
assumed included in this proposal unless identified in writing and incorporated by reference.
ETS-Lindgren reserves the right to publicize information about the completed chamber when no
non-disclosure agreement (NDA) is in place.
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Definitions: Products means all materials, goods, or work to be provided to Buyer by Seller, regardless of type
(including chambers and shielding). Seller means ETS-LINDGREN INC., an Illinois corporation, or its affiliated entity
by or through which the Products are sold to Buyer. Buyer means the person or company purchasing Sellers
Products. Contract means the document or documents together constituting the contract between Seller and Buyer
for the sale, purchase and installation of the Products, and includes these Terms and Conditions.
2)
Applicability: These Terms and Conditions apply to all sales of Products by Seller. Buyer's order shall be deemed to
incorporate, without exception, all the terms and conditions hereof notwithstanding any order form of Buyer containing
additional or contrary terms or conditions. Although Buyer may submit purchase orders or other documents on
Buyers forms, Buyer expressly agrees that Sellers acceptance of such forms is solely for Buyers convenience and
that any different or additional terms or conditions set forth on any purchase order or other document submitted by
Buyer shall not apply and shall be void and of no effect. No acknowledgment by Seller of, or reference by Seller to, or
performance by Seller under, any purchase order or other document of Buyer shall be deemed an acceptance by
Seller of any term or condition which is additional to or different from these Terms and Conditions unless such
additional or differing term or condition is set forth in a document generated by Seller or expressly agreed to by Seller
in writing. In no event will Seller accept or be deemed to accept any conditions or requirements that are in violation of
the U.S. restrictive trade practices or antiboycott laws or regulations.
3)
Taxes: The prices stated herein are in U.S. Dollars and do not include any federal, state, or local sales, use, excise,
gross receipts, import, export, transport, value-added or other taxes unless so stated specifically in writing. Any
applicable exemptions to the above taxes must be made available to Seller prior to invoicing or such taxes will be
charged for the state of destination. Any exemption certificates must correlate with the state of destination. Such
taxes will be added to invoice prices in those instances in which Seller is required to collect them from Buyer; provided,
however, that if Seller does not collect any such taxes and is later asked by or required to pay such to any taxing
authority, Buyer will make such payment to Seller or, if requested by Seller, directly to such taxing authority.
4)
Price Adjustments: At Seller's option, prices may be adjusted to reflect any increase in Sellers costs resulting from
state, federal or local legislation, or any change in the rate charge or classification of any carrier. Notwithstanding the
prices agreed upon, if prior to delivery, Sellers costs for copper, aluminum, ferrites, and/or steel (the Primary Material
Components) increase more than 10% as compared to the prices of such Primary Material Components as of the
Contract date, Seller may pass on any such cost increases in excess of 10% to Buyer, provided that Seller notifies
Buyer in advance of such price increases. Buyer acknowledges that the Primary Material Components represent
approximately 20% of the price of the Products. In the event Buyer delays or causes the delay of shipment of any
Products, the price for such Products shall be subject to increase to reflect the Seller's prices in effect for such
Products at the time of the delayed delivery and to reflect Seller's increased costs resulting from such delay.
5)
Payment Terms: Unless otherwise specified by Seller in the Contract, Products shall be invoiced as of the date of
shipment, and payment shall be due net 30 days. Seller may, in additional to any other remedy available under
applicable law, charge Buyer interest on any amounts not paid when due at a rate equal to the lesser of one and onehalf percent (1%) per month or the maximum interest rate allowable under applicable law, and Buyer shall be
responsible and liable for all expenses incurred by Seller in collection, including reasonable attorneys' fees.
6)
Buyer's Financial Responsibility; Rights of Seller: Notwithstanding stated payment terms, if Seller shall at any
time doubt Buyer's financial responsibility, Seller may demand adequate assurance of due performance or decline to
make any further shipments except upon receipt of cash payment in advance or security. If Seller demands adequate
assurance of due performance and the same is not forthcoming within 10 days after the date of Seller's demand, Seller
may, at its option, (i) continue to defer further shipments under this order and/or any other order from Buyer which has
been accepted by Seller until adequate assurance is received, or (ii) cancel this order and/or any other orders from
Buyer which have been accepted by Seller and recover damages. If Buyer fails in any way to fulfill these Terms and
Conditions or any other provision of the Contract, Seller may defer further shipments until such default is corrected or
cancel the order and recover damages.
7)
Security Interest: Buyer hereby grants Seller a security interest in the Products, and all proceeds thereof and
accessions thereto, to secure payment of the purchase price for the Products and all other charges and costs for
which Buyer is responsible hereunder. At Seller's direction, Buyer shall, from time to time, do all acts necessary or
reasonable to protect Seller's security interest herein created and Buyer shall execute and deliver to Seller all Uniform
Commercial Code Financing Statements which Seller may deem necessary to protect its rights and interests as set
forth herein. Buyer hereby irrevocably constitutes and appoints Seller as its true and lawful attorney-in-fact, in its
name, place and stead, to execute, deliver, acknowledge, file or record any and all such Uniform Commercial Code
Financing and Continuation Statements. The grant of the foregoing power of attorney is coupled with an interest and
shall not be revocable by Buyer until all payments due hereunder (including deferred payments whether evidenced by
notes or otherwise) shall have been made in cash. Seller shall have the remedies of a secured party under the
Uniform Commercial Code in force in the State of Texas.
8)
Delivery Dates; Shipment Terms: All delivery dates are approximate, and Seller shall not be responsible for any
damages of any kind resulting from any delay. If shipment terms are specified with reference to Incoterms 2010 (or
any earlier version) the parties responsibilities shall be determined in accordance with such Incoterms except to the
extent the parties may otherwise agree. Otherwise, except to the extent the parties may otherwise agree, (a) Seller
may choose the carrier and means of delivery and arrange for transportation and insurance; (b) all transportation and
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insurance costs will be paid by Buyer; (c) title to the Products and risk of loss or damage thereto shall pass to Buyer
upon tender to the carrier at Sellers factory or warehouse, provided that if delivery is made by Seller's vehicles title
and risk of loss or damage shall pass to Buyer upon delivery to Buyer's premises; (d) Buyer may choose the freight
forwarder and customs broker, subject to Sellers disapproval; and (e) Buyer shall be responsible for filing all claims
with the carrier. No deferment of shipment at Buyer's request will be made except on terms that indemnify Seller
against all loss and additional expense, including but not limited to handling, storage and insurance charges.
9)
Export: If the Products are to be exported, this order is subject to Seller's ability to obtain export licenses and other
necessary papers within a reasonable period. Buyer will be responsible for all export and import charges and consular
and customs declarations and will be responsible for penalties resulting from errors or omissions thereon. Buyer
agrees that it shall not re-export the Products or any goods or items which incorporate the Products if the re-export
would violate United States export laws or the laws of any other country from which they are re-exported.
10)
Warranty: Seller warrants the Products as set forth in its Limited Product Warranty applicable to such Products in
effect at the time of sale, which is incorporated into these Terms and Conditions and which, if not attached to the
Contract documents, is available separately upon request. Buyer agrees that Seller may revise its form of warranty
from time to time after the Contract date by providing a copy of the revised warranty to Buyer or by posting it on
Sellers website.
11)
Claims: Buyer shall promptly inspect all Products upon delivery. No claims for shortages will be allowed unless
shortages are reported to Seller, in writing, within 10 days after delivery. No other claims against Seller will be allowed
unless asserted in writing within 30 days after delivery (or assembly if the Products are to be assembled by Seller) or,
in the case of an alleged breach of warranty, within the warranty period as defined in the applicable Limited Product
Warranty.
12)
LIMITATION OF LIABILITY: IN NO EVENT SHALL SELLER BE LIABLE TO BUYER FOR ANY SPECIAL,
INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR AS THE RESULT OF, THE
SALE, DELIVERY, NON-DELIVERY, SERVICING, ASSEMBLY, USE, LOSS OF USE OR FAILURE OF THE
PRODUCTS OR ANY PART THEREOF, OR FOR ANY CHARGES OR EXPENSES OF ANY NATURE INCURRED
WITHOUT SELLER'S PRIOR WRITTEN CONSENT, EVEN IF SELLER MAY HAVE BEEN NEGLIGENT. IN NO
EVENT SHALL SELLER'S LIABILITY UNDER ANY CLAIM MADE BY BUYER EXCEED THE PURCHASE PRICE OF
THE PRODUCTS IN RESPECT OF WHICH DAMAGES ARE CLAIMED.
13)
Excuse of Performance: Seller shall not be liable for any default or delay in performance caused, directly or
indirectly, by acts of God; war, terrorism, sabotage, riot, insurrection or civil commotion; force of arms; fire, flood,
severe weather, or natural disaster; strikes, labor disputes, picketing or other labor controversies; explosion; accidents;
any governmental action, prohibition or regulation; delay or unavailability of transportation facilities; shortage or
breakdown of or inability to obtain or non-arrival of any labor, material or equipment used in the manufacture of the
Products; failure of any party to perform any contract with Seller relative to the production of the Products; or from any
other cause which is beyond Seller's control, whether or not such cause be similar or dissimilar to those enumerated.
In the event of delay in performance due to any such cause, the date of delivery or time for completion will be
extended by a period of time reasonably necessary to overcome the effect of such delay.
14)
Loss to Buyer's Property; Patent, Trademark, or Copyright Infringement: Seller shall not be liable for, and shall
have no duty to provide insurance against, any damage or loss to any goods or materials of Buyer which are used by
Seller in connection with this order. Where any Product is manufactured from patterns, plans, drawings, or
specifications furnished by Buyer, Buyer shall defend, indemnify Seller against, and save Seller harmless from, all
loss, damage, and expense arising out of any suit or claim against Seller for infringement of any patent, trademark, or
copyright because of Seller's manufacture of such Product or because of the use or sale of such Product by any
person. Upon Seller's request, Buyer shall, at Buyer's sole cost and expense, retain counsel reasonably acceptable to
Seller to appear on Seller's behalf and assume the defense of any litigation arising out of any such claim.
15)
Seller's Specifications, Technical Data: Any specifications, drawings, plans, notes, instructions, engineering
notices, or technical data of Seller furnished to Buyer shall be deemed to be incorporated herein by reference the
same as if fully set forth. Seller shall at all times retain title to all such documents, and Buyer agrees to keep such
information and documents in confidence and not to disclose such to any party other than Seller or a party duly
authorized by Seller.
16)
Site Conditions: Buyer shall be responsible for the structural integrity and the clean, asbestos-free and safe status of
the work area and structure in which Seller will perform any services and deliver or install any Products. Some
installation may involve welding or the use of materials, in which case Buyer shall provide adequate ventilation and
assure that the project area is free and clear of debris, dirt and obstruction. Buyer shall provide at its expense,
temporary lighting and power for the operation of hand tools and welding equipment, if necessary, and an accessible
dumpster for the disposal of debris. Seller shall clean up any materials, debris or obstructions created by Seller.
Installation of the Products by Seller is based upon Seller's access close to the site and the perimeter of the project
site, together with an adequate amount of weather-tight storage space on the project site. If Buyer is not ready to
accept delivery of the Products on the date the Products are to be ready, Buyer shall give Seller sufficient notice of a
local point where delivery will be accepted, or the material may be stored, within or without the Seller's factory at
Buyer's risk and expense. Buyer shall reimburse Seller for all costs incurred due to extra handling and storage. Any
such delay in acceptance shall not delay any agreed-to invoicing or payment schedule.
17)
Cancellations: After acceptance by Seller, orders shall not be subject to cancellation by Buyer, and Products may not
be returned by Buyer, except with Seller's written consent (and at Seller's sole and absolute discretion) and upon
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terms that will indemnify Seller against all direct, incidental and consequential loss or damage including but not limited
to: direct costs; overhead and other costs which are allocable or apportionable under reasonable accounting practices
to the order; storage fees; handling and transportation costs; material or personnel expenses of Seller; and lost profits.
18)
Limitation on Assignment: Neither party may assign any of its rights or obligations hereunder without the prior
written consent of the other except that Seller shall have the right without Buyers consent to (a) subcontract any
portion of its obligations to any party, or (b) assign all its rights and obligations to any entity with which it is affiliated,
into which it shall be merged, with which it shall be consolidated, or by which it, or all or substantially all of its assets,
shall be acquired.
19)
Product Notices and Instructions: Buyer shall provide all users of the Products (including its employees) with all
Seller supplied product notices, warnings, instructions, recommendations, and similar materials, and shall indemnify
Seller against any loss or damages (including attorneys fees) incurred or suffered by Seller as a result of such failure.
20)
Equal Opportunity Clause: This Section applies only in the event that the Products are to be used in whole or in part
for the performance of government contracts and where the dollar value of said Products exceeds, or may in any one
year exceed, $10,000: a)
In connection with the performance of work under this Contract, Seller agrees not to
discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin.
The aforesaid provision shall include, but not be limited to, the following: Employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. Seller agrees to post hereafter in conspicuous places, available for
employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions
of this nondiscrimination clause. The provisions of the Equal Opportunity Clause, as promulgated by Executive Order
11246 dated September 24, 1965, as amended, are incorporated herein by reference. b) The following provisions
regarding equal opportunity, and all applicable laws, rules, regulations, and executive orders specifically related
thereto, including applicable provisions from the Federal Acquisition Regulations, and supplements thereto, are
applicable hereto, to the extent that the minimum monetary amounts under such regulations have been satisfied: 41
CFR 60-1.4, Equal opportunity clause; 41 CFR 60-1.7, Reports and other required information; 41 CFR 60-1.8,
Segregated facilities; 41 CFR 60-250.4, Affirmative action clause (Affirmative Action for Disabled Veterans and
Veterans of the Vietnam Era); 41 CFR 60-741.4, Affirmative action clause (Affirmative Action for Handicapped
Workers).
21)
Other Rights or Remedies: Except as otherwise provided herein, any rights or remedies granted hereunder to either
party shall be in addition to, and not in lieu of, any other rights or remedies of such party at law or in equity.
22)
Severability: In the event that any provision hereof shall violate any applicable statute, ordinance, or rule of law, such
provision shall be ineffective to the extent of such violation without invalidating any other provision hereof.
23)
Electronic Signatures: The Contract documents and any amendment, waiver or notice related thereto may be
executed in counterparts and may be executed and delivered solely by electronic means, including but not limited to
facsimile or electronic mail (e.g. in PDF format), and when so executed and delivered shall be valid whether or not
followed by the delivery of manually signed originals.
24)
Governing Law; Arbitration; Venue: The rights and remedies of the parties under these Terms and Conditions or
otherwise with respect to the Contract or the Products shall be governed by and construed in accordance with the laws
of the State of Texas (without regard to principles of conflicts of laws). Any dispute arising under these Terms and
Conditions or otherwise with respect to the Contract or the Products shall be settled in Travis County, Texas by
arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Judgment
upon the award rendered by the Arbitrator may be entered in either the District Courts for Travis County, Texas or the
Federal District Court for the Western District of Texas. The parties hereby agree that the sole proper jurisdiction and
venue for any disputes not subject to arbitration hereunder shall be either the District Courts for Travis County, Texas
or the Federal District Court for the Western District of Texas. Buyer hereby consents to such venue and to the
personal jurisdiction of such courts and hereby waives the right to demand a jury trial in any such action. For such
purpose, Buyer, if not located in the State of Texas, irrevocably appoints the Secretary of State of Texas as its agent
for receipt of service of process or notices. Any arbitration or other action based upon breach of the Contract or upon
any other claim arising out of this sale (other than an action by Seller for any amount due to Seller by Buyer) must be
commenced within one year from the date of the tender of delivery by Seller or, in the case of a cause of action based
upon an alleged breach of warranty, within the period of time specified in the applicable Limited Product Warranty.
25)
Legal Fees: In the event of any litigation or other proceeding arising herefrom, Seller shall be entitled to recover from
Buyer all reasonable attorneys' fees, costs and expenses incurred by Seller in enforcing any of Seller's other rights
hereunder.
26)
Waiver: Waiver by Seller of any default or breach of these Terms and Conditions or the other Contract documents
shall not be construed as a waiver of any other or continuing breach; and failure to exercise any right arising from any
default or breach shall not be deemed a waiver of such right, which may be exercised at any subsequent time.
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Warranty Policy
or failure any alteration of the product by persons other than Seller, (6)
combining Sellers product with any product furnished by others, (7)
combining incompatible products of Seller, (8) interference to comply
with Sellers operating instructions or recommendations, or (10) acts of
God, acts of civil or military authority, fires, floods, strikes or other labor
disturbances, war, riot, or any other causes beyond the reasonable
control of Seller. This warranty does not cover (A) contact fingers or
replacements unless loss is caused by a defect in material or
manufacturing workmanship otherwise within the scope of this warranty,
or (B) removal and reconstruction of walls, partitions, ceilings and other
facility costs arising from repair or replacement of the product or parts
thereof by Seller under the warranty. Seller does not warrant products of
others which are not included in Sellers published price lists for shielding
products and systems supplies and accessories.
BUYERS REMEDIES
Sellers sole liability for any breach of warranty shall be, at Sellers
option, to repair or replace, or to refund the purchase price of, the
defective or nonconforming product or part or parts thereof.
Warranty service during the applicable warranty period will be
performed without charge to Buyer only within the contiguous 48 United
States during Sellers normal business hours. Subject to the availability
of personnel, after-hours service is available upon request at an
additional charge. For service outside the contiguous 48 United States,
travel and per diem expenses, when required, shall be the responsibility
of the Buyer. Any services performed after the warranty period will be at
Sellers prevailing service rates.
The remedies set forth herein are conditioned upon Buyer promptly
notifying Seller within the applicable warranty period of any defect or
nonconformance and making the product available for correction. Written
authorization must be obtained from Seller prior to the return of any
product for any reason, including for repair, replacement or credit. Buyer
must pay all freight charges for the return of any product as well as for
shipment of any replacement product to Buyer.
The preceding paragraphs set forth Buyers exclusive remedies and
Sellers sole liability for claims based on failure of the products to meet
any warranty, whether the claim is in contract, warranty, tort (including
negligence and strict liability) or otherwise, and however instituted, and,
upon the expiration of the applicable warranty period, all such liability
shall terminate. IN NO EVENT SHALL SELLER BE LIABLE TO BUYER
FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES OF ANY KIND ARISING OUT OF, OR AS A RESULT OF,
THE SALE, DELIVERY, NON-DELIVERY, SERVICING, ASSEMBLING,
USE OR LOSS OF USE OF THE PRODUCTS OR ANY PART
THEREOF, OR FOR ANY CHARGES OR EXPENSES OF ANY
NATURE INCURRED WITHOUT SELLERS WRITTEN CONSENT
DESPITE ANY NEGLIGENCE ON BEHALF OF THE SELLER AND
REGARDLESS
OF
WHETHER
SUCH
DAMAGES
ARE
FORESEEABLE. IN NO EVENT SHALL THE TOTAL AMOUNT OF
SELLERS LIABILITIES UNDER THIS WARRANTY AND ANY OTHER
CLAIM BY BUYER EXCEED THE PURCHASE PRICE OF THE
PRODUCT IN RESPECT OF WHICH DAMAGES ARE CLAIMED.
BUYER UNDERSTANDS AND ACKNOWLEDGES THAT THE
FOREGOING EXCLUSIONS AND LIMITATIONS ARE AN ESSENTIAL
BASIS OF SELLERS BARGAIN WITHOUT WHICH SELLER WOULD
NOT BE WILLING TO MAKE THE PRODUCTS AVAILABLE TO BUYER.
All matters relating to Sellers warranties shall be construed in
accordance with laws of the State of Texas. In the event that any
provision hereof shall violate any applicable statute, ordinance, or rule of
law, such provision shall be ineffective to the extent of such violation
without invalidating any other provision hereof.
Any controversy or claim arising out of or relating to Sellers warranties
shall be settled in Austin, Texas by arbitration in accordance with the
Commercial Arbitration Rules of the American Arbitration Association.
Any such arbitration proceeding must be commenced within one year
after the date on which the defect was or should have been discovered
by Buyer, but in no event later than one year after the end of the
warranty period. Judgment upon the award rendered by the Arbitrator
may be entered in either the District Courts for Travis County, Texas or
the Federal District Court for the Western District of Texas, In the event
any dispute arises hereunder which is not subject to arbitration, such
courts shall be the sole proper jurisdiction and venue for such dispute.
Buyer hereby consents to such venue and to the personal jurisdiction of
such court and hereby waives the right to demand a jury trial in any such
action.
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