|
1/4/2017 Legal Notices-MRV Communications—Empowering the Optical Edge
<br /> 3. Acceptance of Orders. No order by Purchaser, regardless of whether a deposit has been accepted,
<br /> shall be binding upon MRV until the order has been accepted by MRV. [An MRV order
<br /> acknowledgement, electronic acceptance] or commencement of performance shall be deemed
<br /> acceptance of the purchase order.
<br /> 4. Delivery and Acceptance of Products. Delivery of the Product shall be "EXW" Ex-Works, MRV factory
<br /> per INCOTERMS 2000. The cost of transportation, handling, insurance, export clearance, taxes,
<br /> duties and other related fees will be the responsibility of the Purchaser, Unless otherwise instructed
<br /> in writing, MRV may, in its reasonable discretion, select which carrier MRV will use to transport the
<br /> Products to Purchaser. Subject to Section A(1), title to the Products (other than the Software) and
<br /> the risk of loss of or damage to the Products ordered by Purchaser will pass to Purchaser upon
<br /> MRV's tender of delivery to the carrier for shipment.The Products will be deemed accepted by
<br /> Purchaser upon shipment,
<br /> 5. License. MRV grants Purchaser a nonexclusive, nontransferable license to use the Software for
<br /> Purchaser's internal business purposes in conjunction with Purchaser's use of the Products, MRV
<br /> may provide third party software or hardware with the Products. In this case, Purchaser hereby
<br /> agrees to any additional terms and conditions relating to the third party software or hardware that
<br /> are specified to MRV's suppliers as described in the documentation delivered with the Product.
<br /> Purchaser agrees that the Purchaser will not attempt, and will use the Purchaser's best efforts to
<br /> prevent any other individual or entity, from attempting, to reverse engineer, disassemble, modify,
<br /> translate, create derivative works, rent, lease, loan, distribute or sublicense the Products, in whole or
<br /> in part.
<br /> 6. Limited Warranty. MRV warrants that for a period of(i) two years from delivery of the Product, the
<br /> hardware portion of the Product(other than Products included in MRV's LX Product Line ("LX
<br /> Product"), MR Series Product Line ("MR Series Product")and pluggable optical transceivers included
<br /> in or with the Product and)will perform without Defects; (ii) three years from delivery of the LX
<br /> Product, the hardware portion of the LX Product will perform without Defects; (iii) one year from
<br /> delivery of the Product, the pluggable optical transceivers included in or with the Product, will
<br /> perform without Defects; and ; (iv) 90 days from delivery of the Product, the Product Accessories or
<br /> Software portion of the Products will perform substantially without Defects. If a Product has a
<br /> Defect, MRV shall, at its option, repair(which may include a workaround for the Defect) or replace
<br /> the Product or refund the fees paid by Purchaser for such Product(following Purchaser return of the
<br /> Product). Advance replacement will be given for Products that are dead on arrival ("DOA") free of
<br /> charge (including shipping costs). A Product will be considered DOA when a defect is identified within
<br /> a period of 90 days after the invoice date. In such cases, Purchaser is requested to place a purchase
<br /> order for the replacement unit and will be credited as soon as the defective unit will be received at
<br /> MRV repair facilities.The foregoing sets forth the Purchaser's sole and exclusive remedy for a breach
<br /> of the above warranties. "Defect," as used in this Agreement, means a failure of a Product to operate
<br /> in substantial conformance with MRV's technical specifications set forth in the end user manual.
<br /> 7. Exception to Limited Warranty, The warranties set forth in Section A(6)shall not apply to (i) any
<br /> Products which have been provided on a"sale or return," or similar conditional basis; (ii) any third
<br /> party software or hardware, whether or not such third party software or hardware is provided by
<br /> MRV; (iii) any Products which have been modified, repaired or altered, except by MRV; or(iv) any
<br /> Products which have not been maintained in accordance with handling or operating instructions
<br /> supplied by MRV or have been subjected to unusual physical or electrical stress, misuses, negligence
<br /> or accidents. In addition, MRV's products that use pluggable transceivers were designed and tested
<br /> with the pluggable transceivers offered by MRV.The warranty covers the safety, performance, and
<br /> quality of the Product when used with MRV-branded and approved pluggable transceivers which are
<br /> httn/Jmrvnnm/l anal-nntires/ 2/7
<br />
|