PAC-Radio Extended Warranty Described: PAC-Radio’s extended warranty plan is an optional plan, available in addition to PAC-Radio’s standard commercial warranty, for select PAC-Radio distributed two-way subscriber equipment. This plan is available for purchase at the time of an equipment order if requested. Service performed under this plan consists of repair of the covered equipment as set forth in the terms and conditions herein. Service is provided by PAC-Radio. This plan is extended by Professional Affordable Commercial Radio, (“PAC-Radio”) to the original purchaser or lessee only, and only to those purchasing or leasing for commercial, industrial, or public service use (“customer”). This plan is not assignable or transferable to any other party and applies within the fifty (50) United States and the District of Columbia. Duration of Coverage The duration of the plan varies by equipment model and may provide for up to three (3) years of coverage. The plan provides service coverage for one (1), two (2), or three (3) years beyond the commercial warranty, at a designated PAC-Radio rate. The term of coverage begins on the first day after the commercial warranty expires and continues for the duration of the extended period as agreed.
Services Provided If equipment covered by the plan fails to perform in accordance with the published specifications in effect at the time equipment was purchased. Such action on the part of PAC-Radio shall be the full extent of PAC-Radio’s liability under the plan. However, equipment damaged beyond repair will not be replaced by PAC-Radio. Under this plan, repair includes: ● Testing and restoring the equipment to manufacturer’s factory specifications. Restoration, at PAC-Radio’s option, may include the replacement of parts or boards with functionally equivalent, reconditioned, or new parts or boards. Replaced parts, boards, or equipment are covered for the remaining time period of the plan. All replaced parts, boards, or equipment shall become the property of PAC-Radio and will not be returned to the customer. ● Reprogramming equipment to original operating parameters based on the customer template, if retrievable, or from a customer-supplied backup diskette. If the customer template is not retrievable, a generic template utilizing the latest radio programming software version for that equipment will be used. ● Cleaning of external housing of the equipment. PAC-Radio will pay the inbound shipping charges only if the customer uses the PAC-Radio-designated delivery service. PAC-Radio will pay for outbound shipping.
General Provisions There are no warranties, express or implied, regarding repair service advantage, including, without limitation to, implied warranties of merchant’s ability and fitness for a particular purpose. Not withstanding any other provision, except for personal injury, PAC-Radio’s total liability for losses arising out of or related to this plan, whether for breach of contract, negligence, warranty, strict liability in tort, or otherwise, is limited to the price of twelve (12) months of service provided under the plan for the particular equipment covered. In no event, whether for breach of contract, warranty, or otherwise, will PAC-Radio be liable for incidental, special, indirect, punitive, or consequential damages to the full extent such may be disclaimed by law, including, but not limited to, loss of profit or revenue, loss of use of the products or any associated equipment, loss of data, cost of capital, cost of substitute product(s), facilities, or services, or downtime costs, or for any claim against customer by any party except for money due upon an open account. No action shall be brought for any breach of these plans more than one (1) year after the accrual of such cause of action.
Equipment Excluded Excluded equipment includes encryption, analog voice secure board (manufactured by Transcrypt), custom or special products, belt clips, optional accessories, non-standard mobile microphones, iDEN accessories, iDEN mobile microphones, portable remote speaker microphones, optional or additional control heads, mobile external speakers, single and multiple-unit portable chargers, batteries, mobile power and antenna cables, mobile antennas, portable antennas, power supplies, and radio manufacturer software, such as, but not limited to, Motorola Solutions, Vertex Standard, and Icom America. Equipment whose serial number has been removed or made illegible and will not power up also is excluded. Services Excluded This plan does not cover defects, malfunctions, performance failures, or damages to the unit resulting from: ● Use in other than its normal and customary manner ● Misuse, vandalism, accident, acts of God, or neglect ● Defects or damage due to physical, chemical, or liquid damage ● Improper disassembly, testing, operation, maintenance, installation, modification, adjustment, alteration, or repair. Coverage for the following can be included in the extended warranty at an additional cost: Use in other than its normal and customary manner, Misuse, neglect.
This plan also excludes: ● Radio frequency coverage or range over which the equipment will transmit and receive signals ● Upgrades and reprogramming ● Local services or annual maintenance required for maintaining normal operation of the equipment ● Scratches or cosmetic damage to equipment surfaces that do not affect operation ● Inbound freight insurance charges for declared values in excess of $100 on inbound shipments General Terms ● If any court renders any portion of this plan unenforceable, the remaining terms will continue in full force and effect. ● This plan and the rights and duties of the parties will be governed and interpreted in accordance with the laws of the State of California. ● Failure to exercise any right will not operate as a waiver of that right, power, or privilege. ● Neither party is liable for delays or lack of performance resulting from any causes, such as strikes, material shortages, or acts of God that are beyond that party’s reasonable control. ● These terms and conditions may not be altered, amended, or modified. ● Neither party will be bound by any terms contained in customer’s purchase orders, acknowledgements, or other writings.