FreeWave Export Control and Product Warranty1. Export: Regardless of any disclosure made by Buyer to FreeWave of the ultimate destination of FreeWave products, Buyer shall not export either directly or indirectly any FreeWave product either in contravention of statute or regulation, including but not limited to U.S. Export Control laws and regulations governing the transfer, export or re-export of technical data, the Arms Export Control Act (22 U.S.C. 2778), the International Traffic in Arms Regulations (ITAR, 22 CFR 120-130) and the Export Administration Regulations (EAR, 15 CFR 730-774), or without first obtaining all required licenses and permits from the United States Department of Commerce, Department of State and any other relevant agencies or departments of the United States government. Buyer shall not directly or indirectly export any Products to any country or individual to which such export or transmission is banned, restricted or prohibited by any agency of the U.S. government. Buyer will also timely pay any fine, penalty, or charge by any governmental agency charged against Buyer and/or FreeWave or paid by FreeWave due to any violation of any Export Law by Buyer, together with FreeWave’s costs and reasonable attorneys’ fees for responding to or dealing with such violation. In the event that Buyer violates any Export Law, FreeWave may suspend sales to Buyer until such time as FreeWave determines that such violation is being remedied, payments made as required above, and steps taken to ensure that Buyer will comply with all Export Laws in the future. Any import or export fees or duties assessed as to the Products will be paid by Buyer.
A. Product Warranty. FreeWave warrants that the wireless data transceiver products purchased by Buyer from FreeWave shall be free from defects in materials and workmanship in accordance with FreeWave specifications for the period indicated in the applicable product datasheet, or if no period is so stated, then for a period of two years. All warranty periods begin on the date of shipment (the “Warranty Period”) from FreeWave, without regard to whether any claimed defects were discoverable or latent on the date of shipment. Provided that Buyer notifies FreeWave in writing of any claimed defect in a product immediately upon discovery, obtained prior authorization for the return (as described below) and returned the defective product to the location designated by FreeWave , transportation charges prepaid, including applicable duties, taxes, etc., within the Warranty Period and upon examination FreeWave determines to its satisfaction that such product is defective in material or workmanship, i.e. contains a defect arising out of the manufacture of the product and not a defect caused by other circumstances, including, but not limited to accident, misuse, unforeseeable use, neglect, alteration, improper installation, improper adjustment, improper repair, improper testing or unusual physical, electrical or electromagnetic stress or interference, or used outside of FreeWave’s specifications, FreeWave shall, at its option, repair or replace such product or defective components. FreeWave shall have reasonable time to make such repairs or to replace such product. Any repair of products shall not extend the Warranty Period. Replacement products will have a two year Warranty Period from the date of shipment of such product. If the products are modified or in any way altered, including but not limited to the addition of conformal coating, or repaired by anyone other than FreeWave, without the explicit written consent of FreeWave, then this warranty is null and void.B. Return Material Authorization. Buyer must obtain a RMA number from FreeWave prior to returning any defective product to FreeWave.C. Suitability. FreeWave does not warrant suitability of the products for Buyer’s use. Buyer shall be responsible for determining that the products are suitable for Buyer's use and that such use complies with any applicable local, state or federal law.D. Termination of Warranty. If Buyer shall fail to pay when due any portion of the purchase price or any other payment required from Buyer to FreeWave under this Contract or otherwise, all warranties and remedies granted under this Section terminate without the requirement for notice or other action as to the specific products not paid for.