CrosStars Limited Lifetime Warranty

CrosStar L.L.C. ("CrosStar") manufactures its systems and products from parts and components that are new or equivalent to new in accordance with industry-standard practices. CrosStar warrants that the systems and products it manufactures will be free from defects in materials and workmanship for the life span of the product, beginning on the date of invoice, except as further described below.

This warranty does not cover damage due to external causes, including acts of god, shipping, accident, abuse, misuse, problems with electrical power, problems with telephone service, commissioning or servicing not authorized by CrosStar, usage not in accordance with product instructions, failure to perform required preventive maintenance, and problems caused by use of parts and components not supplied or specified by CrosStar.

This warranty does not cover any items that are in one or more of the following categories: third-party software; motor control centers (MCCs); computers, computer peripherals, or computer accessories; equipment, workmanship, software, accessories or parts added to a CrosStar system or product after the system is commissioned by CrosStar; equipment, workmanship, software, accessories or parts added to a CrosStar system or product through additional project contracts with CrosStar; equipment from third party vendors that has an expected normal lifetime limit including but not limited to batteries, radios, antennae, controllers and data converters, and transducers.

This warranty does not cover surge arrestors. They are expected to be a sacrificial component and their destruction is due to an act of God, or accidental contact with electric potentials for which they are designed to dissipate.

During the one-year period beginning either on the commissioning date or six (6) months from the invoice date, which ever is earlier, CrosStar will repair or replace products returned to CrosStar's facility or as determined by CrosStar, perform on-site system repair. To request warranty service, you must call CrosStar within the warranty period. Refer to the chapter titled “Service and Warranty Repair in your Operation and Maintenance (O&M) Manual for the appropriate telephone number for obtaining customer assistance.

If factory warranty service is required, CrosStar will issue a Return Material Authorization Number. You must ship the products back to CrosStar in their original or equivalent packaging, prepay shipping charges, and insure the shipment or accept the risk of loss or damage during shipment. CrosStar will ship the repaired or replacement products to you freight prepaid if you use an address in the U.S. (excluding Puerto Rico and U.S. possessions). Shipments to other locations will be made freight collect.

If on-site warranty service is required, CrosStar will schedule an authorized repair agent. If the repair or replacements where cause by damage due to external causes not covered by this warranty, you will be billed for the cost of repair or replacements, including travel expenses and labor at CrosStar’s standard service rate.

CrosStar owns all parts removed from repaired products. CrosStar uses new and reconditioned parts made by various manufacturers in performing warranty repairs and building replacement products. If CrosStar repairs or replaces a product, its warranty term is not extended.

During the remanding years of this limited warranty, CrosStar will provide, on an exchange basis, replacement parts for the CrosStar hardware and software product(s) covered under this limited warranty when a part requires replacement. You must report each instance of product failure to CrosStar Technical Support in advance to obtain CrosStar's concurrence that a part should be replaced and to have CrosStar ship the replacement part. CrosStar will ship parts using normal package delivery, shipping prepaid if you use an address in the U.S. (excluding Puerto Rico and U.S. possessions). Shipments to other locations will be made freight collect. CrosStar will include a prepaid shipping container with each replacement part for your use in returning the replaced part to CrosStar. Replacement parts are new or reconditioned. CrosStar may provide replacement parts made by various manufacturers when supplying parts to you. The warranty term for a replacement part is the remainder of the limited warranty term.

You will pay CrosStar for replacement parts when the replaced part is not returned to CrosStar within 30 days after the date the replacement part was shipped by CrosStar and for parts used to repair systems not covered by this limited warranty. In these events, replacement parts will be priced at CrosStar's then-current standard prices. Payment for these parts is due within 30 days from the date of invoice. You accept full responsibility for your software and data. CrosStar is not required to advise or remind you of appropriate backup and other procedures.

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS WHICH VARY FROM STATE TO STATE (OR JURISDICTION TO JURISDICTION. CROSSTAR'S RESPONSIBILITY FOR MALFUNCTIONS AND DEFECTS IN HARDWARE AND SOFTWARE IS LIMITED TO REPAIR AND REPLACEMENT AS SET FORTH IN THIS WARRANTY STATEMENT. ALL EXPRESS AND IMPLIED WARRANTIES FOR THE PRODUCT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THE WARRANTY PERIOD SET FORTH ABOVE AND NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, WILL APPLY AFTER SUCH PERIOD. SOME STATES (OR JURISDICTIONS) DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

CROSSTAR DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH IN THIS WARRANTY STATEMENT OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST DATA OR SOFTWARE. SOME STATES (OR JURISDICTIONS) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.

These provisions apply to CrosStar's life-time limited warranty only. For provisions of any on-site service contract covering your system, refer to the separate on-site service contract that you will receive.