Common use of Seller Supplied Equipment Clause in Contracts

Seller Supplied Equipment. (a) Seller warrants that for a period of [*] months from Equipment's Ship Date, that under normal use and service the Equipment subject to this Agreement will be free from material defects or faulty workmanship, and shall operate in compliance with the applicable Specifications. The foregoing warranty shall not apply to items normally consumed during operation such as, but not limited to, lamps and fuses. All like-kind Equipment (i.e., Equipment with the same frequency, functionality, and model number) sold by Seller to Buyer under this Agreement shall be Backwards Compatible with all such like-kind Equipment for a period of [*] from the earlier of (i) the end of the Initial Term of this Agreement, or (ii) termination of this Agreement. If Equipment is not free from material defects or faulty workmanship and fails to comply with the applicable Specifications during the warranty period, Seller will, within thirty (30) days, at its option, repair, replace, or modify the Equipment so that it is free from defects and complies with the applicable Specifications. This warranty service shall be performed at the Buyer's installation site or Seller's facility, as determined by Seller. If Seller is unable to repair or modify the Equipment within thirty (30) days, so that the Equipment conforms to the applicable Specifications, Seller shall replace the Equipment with Equipment that conforms to such Specifications. In such cases Seller does not guarantee that Equipment with like serial numbers will be returned to the Buyer. Seller's sole obligation and Buyer's exclusive remedy under the warranty provisions of this Article 13 with respect to Equipment shall be limited to repair, modification, or replacement of the defective Equipment or refund to Buyer the applicable Equipment's purchase price in the event Seller cannot provide Buyer with Equipment that complies with Specifications. (b) The warranties set forth in this Article 13 shall not apply to any Equipment where the defect or non-conformance is due to: (i) accident, alteration, abuse, misuse, or repair not performed by Seller; (ii) storage or operation of Equipment other than as set forth in the Equipment Specifications; (iii) failure to comply with all applicable environmental requirements for Equipment as set forth in the Equipment Specifications, including but not limited to temperature or humidity ranges; (iv) performance of Equipment installation, maintenance, operation, repair, relocation, or other service not in compliance with the Equipment Specifications, unless such non-complying service was performed by Seller or on Seller's behalf; (v) breakage, damage, alteration, or removal of any Seller affixed seal or label located on the IFU without the Seller's prior written approval. The IFUs contain no Buyer serviceable parts; (vi) use in conjunction with a product, or category of products specified by Seller as incompatible with such Equipment; (vii) any error, act, omission, vandalism, mishandling or misuse of Equipment by anyone other than Seller or Seller's agents, employees, subcontractors and vendors; or (viii) where written notice of the defect has not been given to Seller within the applicable warranty period. (c) Buyer shall be responsible for de-installation and re-installation of any warranty repair or replacement Equipment. Buyer shall use only qualified technicians to perform any maintenance and/or repair to the Equipment during the warranty period, where such maintenance and/or repair shall be confined to routine tasks performed in accordance with Seller provided Documentation. [*] Confidential treatment requested. (d) A return material authorization ("RMA") must be obtained by Buyer from the Seller prior to the return of any Equipment. Information regarding the RMA process is set forth in Exhibit 3, attached hereto. (e) Warranty replacement Equipment may be new or reconditioned to perform as new, at Seller's option. Notwithstanding the foregoing, the warranty period of Equipment which has been subject to repair or replacement by Seller shall commence on the Ship Date of the repaired or replacement Equipment to Buyer and shall expire on the later of one hundred and twenty (120) days from such Ship Date or the last day of the original warranty period for the Equipment that was repaired or replaced. (f) All Equipment to be repaired or replaced, whether in or out of warranty, shall be packed by Buyer in accordance with Seller's reasonable instructions and shall follow Seller's repair and return policy and procedures. Buyer shall bear risk of loss and shall pay for all transportation charges for Equipment returned to Seller and Seller shall bear such risk of loss and pay for transportation charges for repaired or replacement Equipment shipped to Buyer. Seller shall use commercially reasonable best efforts to ship repaired or replacement Equipment within thirty (30) days of receipt of the defective Equipment for routine warranty repair or replacement. Seller shall return the repaired or replaced Equipment to the Buyer using the same transport method in which the Buyer sent the Equipment to the Seller. (g) If the Equipment that is returned to Seller is determined by Seller to be beyond repair and is outside the warranty period, Seller shall notify Buyer and Seller shall sell to Buyer, upon Buyer's request, replacement Equipment at the then current Agreement price between the Parties for such Equipment, or if no such Agreement exists, at Seller's then current list price for such Equipment. (h) In the event an IFU under warranty fails to perform in accordance with Specifications, and Buyer requests expedited warranty replacement of such IFU, Seller will provide Buyer with replacement spare Equipment within [*] of Buyer's request for such replacement spare Equipment ("Expedited Replacement Policy"). Seller shall impose a monetary charge for such Expedited Replacement Policy in the amount of [*] for each replacement spare Equipment shipped to Buyer on an expedited basis. Once shipped, the replacement spare Equipment shall become the property of Buyer, and upon shipment, Seller will be entitled to keep the defective IFU which Buyer must return to Seller within seven (7) days of Buyer's request for the replacement spare. In the event Seller fails to receive the defective IFU within seven (7) days, Seller may invoice Buyer for the cost of the replacement spare. It is anticipated that this Expedited Replacement Policy will only be used to replace Seller's Equipment that was previously installed in a network and such Equipment subsequently failed to perform and Buyer did not have sufficient spare Equipment on hand to replace such Equipment. Seller's obligation to provide expedited replacement of spares shall be limited to an inventory of two (2) IFUs for each category of Equipment installed by Buyer. Seller shall replenish its inventory of replacement spare Equipment within thirty (30) days of sending any replacement spare Equipment to Buyer pursuant to this policy.

Seller Supplied Equipment. (a) Seller warrants that for a period ending on (i) the later of [*] fifteen (15) months from Equipment's the Ship DateDate or twelve (12) months after installation for the first 1,000 RPSs; or (ii) fifteen (15) months from the Ship Date for all RPSs delivered after the first 1,000 RPSs, that under normal use and service the Equipment subject to this Agreement will be free from material defects or faulty workmanship, and shall operate in compliance with the applicable Product Specifications. In the event the Buyer changes its network configuration in a manner that causes the Equipment not to operate in compliance with the applicable Product Specifications, the Seller shall use commercially reasonable [*] Confidential Treatment Requested -------------------------------------------------------------------------------- Triton Network Systems, Inc. Confidential 13 Supply Agreement No. _____________ December 21, 1999 G2.0 14 efforts to modify the Equipment so that it will so operate and the parties shall negotiate in good faith applicable amendments to the Product Specifications and the cost of Product if necessary. The foregoing warranty shall not apply to items normally consumed during operation such as, but not limited to, lamps and fuses. All like-kind [*] Equipment (i.e., Equipment with the same frequency, functionality, and model number) sold by Seller to Buyer under this Agreement shall will be Backwards Compatible with all such like-kind Equipment for a period of [*] from the earlier of (i) the end of the Initial Term of this Agreement, or (ii) termination of this Agreementother Equipment and Software. If Equipment is not free from material defects or faulty workmanship and or fails to comply with the applicable Specifications Product Specification during the warranty period, or is not Backwards Compatible as required by the immediately preceding sentence, Seller will, within thirty (30) days, at its option, repair, replace, or modify the Equipment so that it is free from defects and complies does comply with the applicable SpecificationsProduct Specifications and is so Backwards Compatible. This The warranty service shall be performed at the Buyer's installation site or Seller's facility, as determined by Seller. If Seller is unable to repair or modify the Equipment within thirty (30) days, a reasonable period of time so that the Equipment conforms to the applicable SpecificationsProduct Specification and is so compatible, Seller shall replace the Equipment with Equipment that conforms to such SpecificationsProduct Specification and is so compatible. In such cases Seller does not guarantee that Equipment equipment with like serial numbers will be returned to the BuyerBuyer but such replacement Equipment shall meet all Product Specifications and provide the same function as the Equipment it replaces. Seller's sole obligation and Buyer's exclusive remedy under the warranty provisions of this Article 13 with respect to Equipment shall be limited to repair, modification, or replacement of the defective or non functioning Equipment or refund to Buyer the applicable Equipment's purchase price in the event Seller if Equipment cannot provide Buyer with Equipment that be provided which complies with Product Specifications. (b) The warranties set forth in this Article 13 shall not apply to any Equipment Products where the defect or non-conformance is due to: (i) accident, alteration, abuse, misuse, or repair not performed by SellerSeller or Seller qualified technician, provided that Seller will approve agreed upon employees of Buyer and its agents as qualified technicians; (ii) storage or operation of Equipment other than as set forth in the Equipment SpecificationsProduct Specification; (iii) failure to comply with all applicable environmental requirements for Equipment Product as set forth in the Equipment SpecificationsProduct Specification, including but not limited to temperature or humidity ranges; (iv) performance of Equipment Product installation, maintenance, operation, repair, relocation, or other service not in compliance with the Equipment Product Specifications, unless such non-complying service was performed by Seller or on Seller's behalf; (v) breakage, damage, alteration, or removal of any Seller affixed seal or label located on the IFU RPS without the Seller's prior written approval. The IFUs RPSs contain no Buyer serviceable parts; (vi) use in conjunction with a product, or category of products product specified by Seller as incompatible with such EquipmentProducts; (vii) any error, act, omission, vandalism, mishandling or misuse of Equipment by anyone other than Seller or Seller's agents, employees, subcontractors vendors, and vendorssubcontractors; or (viii) where written notice of the defect has not been given to Seller within the applicable warranty period. (c) Buyer shall be responsible for de-installation and re-installation of any warranty repair or replacement Equipment. Buyer shall use only qualified technicians to perform any [*] Confidential Treatment Requested -------------------------------------------------------------------------------- Triton Network Systems, Inc. Confidential 14 Supply Agreement No. ____________ December 21, 1999 G2.0 maintenance and/or repair to the Equipment Product during the warranty period, where such maintenance and/or repair shall be confined to routine tasks performed in accordance with Seller provided Documentation. [*] Confidential treatment requested. (d) A return material authorization ("RMA") must be obtained by Buyer from the Seller prior to the return of any EquipmentProduct. Seller shall not unreasonably delay or withhold issuing any RMA to Buyer. Information regarding the RMA process is set forth provided in Exhibit 3, attached hereto. (e) Warranty replacement Equipment may be new or reconditioned to perform as new, at Seller's option. Notwithstanding the foregoing, the warranty period of Equipment which has been subject to repair or replacement by Seller shall commence on upon the Ship Delivery Date of the repaired or replacement Equipment to Buyer and shall expire on the later of one hundred and twenty (120) days from such Ship the Delivery Date or the last day of the original warranty period for with respect to the Equipment that which was repaired or replaced. (f) All Equipment to be repaired or replaced, whether in or out of warranty, shall be packed by Buyer in accordance with Seller's reasonable instructions and shall follow Seller's reasonable repair and return policy and procedures. Buyer shall bear risk of loss and shall pay for all transportation charges for Equipment returned to Seller and Seller shall bear such risk of loss and pay for transportation charges for repaired or replacement Equipment shipped to Buyer. Seller shall use commercially reasonable best efforts to ship repaired or replacement Equipment within thirty (30) days of receipt of the defective Equipment for routine warranty repair or replacementEquipment. Seller shall return the repaired or replaced Equipment to the Buyer using by the same transport method in which the Buyer sent the Equipment to the Seller. (g) If the Equipment that is returned to Seller is determined by Seller to be beyond repair and is outside the warranty period, Seller shall notify Buyer and Seller shall upon request from Buyer sell to Buyer, upon Buyer's request, Buyer replacement Equipment at the then current Agreement price between the Parties for such Equipment, or if no such Agreement exists, at Seller's then current list the last price paid for such EquipmentProduct. (h) In the event an IFU under warranty fails to perform in accordance with Specifications, and Buyer requests expedited warranty replacement of such IFU, Seller will provide Buyer with replacement spare Equipment within [*] of Buyer's request for such replacement spare Equipment ("Expedited Replacement Policy"). Seller shall impose maintain an adequate inventory of spare parts to repair and replace all Products for a monetary charge for such Expedited Replacement Policy in period beginning on the amount date of [*] for each replacement spare Equipment shipped to Buyer this Agreement and ending on an expedited basis. Once shipped, the replacement spare Equipment shall become the property of Buyer, and upon shipment, Seller will be entitled to keep the defective IFU which Buyer must return to Seller within seven fifth (75th) days of Buyer's request for the replacement spare. In the event Seller fails to receive the defective IFU within seven (7) days, Seller may invoice Buyer for the cost anniversary of the replacement spare. It is anticipated that termination of this Expedited Replacement Policy will only be used to replace Seller's Equipment that was previously installed in a network and such Equipment subsequently failed to perform and Buyer did not have sufficient spare Equipment on hand to replace such Equipment. Seller's obligation to provide expedited replacement of spares shall be limited to an inventory of two (2) IFUs for each category of Equipment installed Agreement or, if longer, as otherwise provided by Buyer. Seller shall replenish its inventory of replacement spare Equipment within thirty (30) days of sending any replacement spare Equipment to Buyer pursuant to this policylaw.

Seller Supplied Equipment. (a) Seller warrants that for a period of [*] ending fifteen (15) months from Equipment's the Ship Date, that under normal use and service the Equipment subject to this Agreement will be free from material defects or faulty workmanship, and shall operate in compliance with the applicable Product Specifications. The foregoing warranty shall not apply to items normally consumed during operation such as, but not limited to, lamps and fuses. All like-kind Equipment (i.e., Equipment with the same frequency, functionality, and model number) sold by Seller to Buyer under this Agreement shall be Backwards Compatible with all such like-kind Equipment for a period of [*] from the earlier of (i) the end of the Initial Term of this Agreement, or (ii) termination of this Agreement. If Equipment is not free from material defects or faulty workmanship and or fails to comply with the applicable Specifications Product Specification during the warranty period, Seller will, within thirty (30) days, at its option, repair, replace, or modify the Equipment so that it is free from defects and complies does comply with the applicable SpecificationsProduct Specification. This The warranty service shall be performed at the Buyer's installation site or Seller's facility, as determined by Seller. If Seller is unable to repair or modify the Equipment within thirty (30) days, a reasonable period of time so that the Equipment conforms conform to the applicable SpecificationsProduct Specification, Seller shall replace the Equipment with Equipment that conforms to such SpecificationsProduct Specification. In such cases Seller does not guarantee that Equipment equipment with like serial numbers will be returned to the BuyerBuyer but such replacement Equipment shall meet all Product Specifications and provide the same function as the Equipment it replaces. Seller's sole obligation and Buyer's exclusive remedy under the warranty provisions of this Article 13 with respect to Equipment shall be limited to repair, modification, or replacement of the defective or non functioning Equipment or refund to Buyer the applicable Equipment's purchase price in the event Seller if Equipment cannot provide Buyer with Equipment that be provided which complies with Product Specifications. (b) The warranties set forth in this Article 13 shall not apply to any Equipment Products where the defect or non-conformance is due to: (i) accident, alteration, abuse, misuse, or repair not performed by SellerSeller or Seller qualified technician, provided that Seller will approve agreed upon employees of Buyer and its agents as qualified technicians; (ii) storage or operation of Equipment other than as set forth in the Equipment SpecificationsProduct Specification; (iii) failure to comply with all applicable environmental requirements for Equipment Product as set forth in the Equipment SpecificationsProduct Specification, including but not limited to temperature or humidity ranges; (iv) performance of Equipment Product installation, maintenance, operation, repair, relocation, or other service not in compliance with the Equipment Product Specifications, unless such non-complying noncomplying service was performed by Seller or on Seller's behalf; (v) breakage, damage, alteration, or removal of any Seller affixed seal or label located on the IFU without the Seller's prior written approval. The IFUs IFU contain no Buyer serviceable parts; (vi) use in conjunction with a product, or category of products product specified by Seller as incompatible with such EquipmentProducts; (vii) any error, act, omission, vandalism, mishandling or misuse of Equipment by anyone other than Seller or Seller's agents, employees, subcontractors and vendorssubcontractors; or (viii) where written notice of the defect has not been given to Seller within the applicable warranty period. (c) Buyer shall be responsible for de-installation and re-installation of any warranty repair or replacement Equipment. Buyer shall use only qualified technicians to perform any maintenance and/or repair to the Equipment Product during the warranty period, where such maintenance and/or repair shall be confined to routine tasks performed in accordance with Seller provided Documentation. [*] Confidential treatment requested. (d) A return material authorization ("RMA") must be obtained by Buyer from the Seller prior to the return of any Equipment. Information regarding the RMA process is set forth in Exhibit 3, attached heretoProduct. (e) Warranty replacement Equipment may be new or reconditioned to perform as new, at Seller's option. Notwithstanding the foregoing, the warranty period of Equipment which has been subject to repair or replacement by Seller shall commence on upon the Ship Delivery Date of the repaired or replacement Equipment to Buyer and shall expire on the later of one hundred and twenty (120) days from such Ship the Delivery Date or the last day of the original warranty period for with respect to the Equipment that which was repaired or replaced. (f) All Equipment to be repaired or replaced, whether in or out of warranty, shall be packed by Buyer in accordance with Seller's reasonable instructions and shall follow Seller's reasonable repair and return policy and procedures. Buyer shall bear risk of loss and shall pay for all transportation charges for Equipment returned to Seller and Seller shall bear such risk of loss and pay for transportation charges for repaired or replacement Equipment shipped to Buyer. Seller shall use commercially reasonable best efforts to ship repaired or replacement Equipment within thirty (30) days of receipt of the defective Equipment for routine warranty repair or replacement. Seller shall return the repaired or replaced Equipment to the Buyer using by the same transport method in which the Buyer sent the Equipment to the Seller. (g) If if the Equipment that is returned to Seller is determined by Seller to be beyond repair and is outside the warranty period, Seller shall notify Buyer and Seller shall upon request from Buyer sell to Buyer, upon Buyer's request, Buyer replacement Equipment at the then current Agreement price between the Parties for such Equipment, or if no such Agreement exists, at Seller's then current list the last price paid for such EquipmentProduct. (h) In the event an IFU under warranty fails to perform in accordance with Specifications, and Buyer requests expedited warranty replacement of such IFU, Seller will provide Buyer with replacement spare Equipment within [*] of Buyer's request for such replacement spare Equipment ("Expedited Replacement Policy"). Seller shall impose a monetary charge for such Expedited Replacement Policy in the amount of [*] for each replacement spare Equipment shipped to Buyer on maintain an expedited basis. Once shipped, the replacement spare Equipment shall become the property of Buyer, and upon shipment, Seller will be entitled to keep the defective IFU which Buyer must return to Seller within seven (7) days of Buyer's request for the replacement spare. In the event Seller fails to receive the defective IFU within seven (7) days, Seller may invoice Buyer for the cost of the replacement spare. It is anticipated that this Expedited Replacement Policy will only be used to replace Seller's Equipment that was previously installed in a network and such Equipment subsequently failed to perform and Buyer did not have sufficient spare Equipment on hand to replace such Equipment. Seller's obligation to provide expedited replacement of spares shall be limited to an adequate inventory of two (2) IFUs spare parts to repair and replace all Products for each category a period of Equipment installed 5 years or as otherwise provided by Buyer. Seller shall replenish its inventory of replacement spare Equipment within thirty (30) days of sending any replacement spare Equipment to Buyer pursuant to this policylaw.