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REV: 12-14-23 MI <br />Products will occur upon successful completion of the acceptance verification or testing. <br />Notwithstanding the preceding sentence, Customer’s use of the Products for their <br />operational purposes will constitute acceptance. <br />Section 8 REPRESENTATIONS AND WARRANTIES <br />8.1. EQUIPMENT WARRANTY. During the Warranty Period, Motorola warrants that <br />the Equipment under normal use and service will be free from material defects in <br />materials and workmanship. If Acceptance is delayed beyond six (6) months after <br />shipment of the Products by events or causes within Customer’s control, this warranty <br />expires eighteen (18) months after the shipment of the Products. <br />8.2. MOTOROLA SOFTWARE WARRANTY. Unless otherwise stated in the Software <br />License Agreement, during the Warranty Period, Motorola warrants the Motorola <br />Software in accordance with the terms of the Software License Agreement and the <br />provisions of this Section that are applicable to the Motorola Software. If Acceptance is <br />delayed beyond six (6) months after shipment of the Software by events or causes within <br />Customer’s control, this warranty expires eighteen (18) months after the shipment of the <br />Software. <br />8.3. EXCLUSIONS TO EQUIPMENT AND MOTOROLA SOFTWARE WARRANTIES. <br />These warranties do not apply to: (i) defects or damage resulting from: use of the <br />Equipment or Motorola Software in other than its normal, customary, and authorized <br />manner; accident, liquids, neglect, or acts of God; testing, maintenance, disassembly, <br />repair, installation, alteration, modification, or adjustment not provided or authorized in <br />writing by Motorola; Customer’s failure to comply with all applicable industry and OSHA <br />standards; (ii) breakage of or damage to antennas unless caused directly by defects in <br />material or workmanship; (iii) Equipment that has had the serial number removed or made <br />illegible; (iv) batteries (because they carry their own separate limited warranty) or <br />consumables; (v) freight costs to ship Equipment to the repair depot; (vi) scratches or <br />other cosmetic damage to Equipment surfaces that does not affect the operation of the <br />Equipment; and (vii) normal or customary wear and tear. <br />8.4. WARRANTY CLAIMS. To assert a warranty claim, Customer must notify Motorola <br />in writing of the claim before the expiration of the Warranty Period. Upon receipt of this <br />notice, Motorola will investigate the warranty claim. If this investigation confirms a valid <br />warranty claim, Motorola will (at its option and at no additional charge to Customer) repair <br />the defective Equipment or Motorola Software, replace it with the same or equivalent <br />product, or refund the price of the defective Equipment or Motorola Software. That action <br />will be the full extent of Motorola’s liability for the warranty claim. If this investigation <br />indicates the warranty claim is not valid, then Motorola may invoice Customer for <br />responding to the claim on a time and materials basis using Motorola’s then current labor <br />rates. Repaired or replaced product is warranted for the balance of the original applicable <br />Warranty Period. All replaced products or parts will become the property of Motorola. <br />8.5. ORIGINAL END USER IS COVERED. These express limited warranties are <br />ATTY/AGR.2023.310/Motorola (Radios) (Page 6 of 62)