1 1. Limitations of Warranties. A. Digital Comm Link, Inc. makes no express warranties whatsoever, other than the warranties provided by this agreement, with regard to the equipment listed on the face of this Agreement. The equipment is covered solely by the Digital Comm Link, Inc. One Year Warranty or the Digital Comm Link, Inc. Extended Made Right Workmanship Guarantee, whichever may be in effect at the time Customer may seek to invoke such coverage. DIGITAL COMM LINK, INC. DISCLAIMS ALL OTHER IMPLIED WARRANTIES WHICH MAY BE CONSTRUED TO EXIST UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. B. Digital Comm Link, Inc. waives all liability for, and Customer agrees to release Digital Comm Link, Inc. from any liability for, any damages, including, but not limited to, consequential damages, rising out of or in connection with the use or performance of the equipment listed on the face of this agreement. Customer agrees that its sole remedies rising out of or in connection with the use or performance of the equipment listed on the face of this agreement are under and through the Digital Comm Link, Inc. One Year Warranty or the Digital Comm Link, Inc. Extended Made Right Workmanship Guarantee, whichever may be in effect at the time such remedy is claimed. 2. Eligible Product Only equipment manufactured by Digital Comm Link, Inc. is eligible for Digital Comm Link, Inc. s warranty agreements. Only the particular equipment listed on the face of the Agreement is covered by this warranty agreement. 3. Terms of Agreement A. This Agreement is for the Digital Comm Link, Inc. One Year Warranty. The coverage of the Digital Comm Link, Inc. One Year Warranty starts on the calendar day that Customer purchased the piece of equipment subject to this Agreement, and ends on 11:59pm on the same calendar day of the purchase on the following year.
2 B. If Customer desires, Customer may purchase, for additional cost, the Digital Comm Link, Inc. Extended Made Right Workmanship Guarantee. The Digital Comm Link, Inc. Extended Made Right Workmanship Guarantee is a separate agreement that has the effect of extending, by 4 additional years, the coverage of the Digital Comm Link, Inc. One Year Warranty. However, the Digital Comm Link, Inc. Extended Made Right Workmanship Guarantee cannot affect the terms or conditions of the Digital Comm Link, Inc. One Year Warranty, and it must be purchased separately from, and it is not included with or within the Digital Comm Link, Inc. One Year Warranty. C. Digital Comm Link, Inc. reserves the right to terminate this Agreement without notice in the following event: (1) Customer fails to make any payment or perform any obligation or covenant required by this Agreement, (2) Customer either voluntarily or involuntarily files any insolvency proceeding or bankruptcy proceeding, (3) Customer assigns any portion of its assets, including this Agreement for the benefit of creditors, (4) the equipment listed on the face of this Agreement is destroyed, wholly or in parts, (5) Customer fails to properly fulfill its responsibilities or follow the procedures set forth in this Agreement, (6) or any misuse concerning the equipment. 4. Exclusions. THIS LIMITED WARRANTY COVERS ONLY NORMAL, PROPER, AND ORDINARY USE. DIGITAL COMM LINK, INC. DOES NOT WARRANT AND IS NOT RESPONSIBLE FOR: 1. Damage caused by failure to provide a suitable installation or operating environment for the equipment and/or accessories (excessive dust and/or foreign materials inside of equipment unit can cause overheating and will void warranty); 2. Damage during shipment; 3. Damage caused by impact with other objects, dropping, falls, spilled liquids, or immersion in liquids; 4. Damage caused by a power surge or a disaster such as fire, flood, wind, earthquake, or lightning; 5. Damage caused by unauthorized attachments, alterations, modifications or foreign objects; 6. Damage caused by accessories; 7. Damage caused by the use of the equipment or accessories for purposes other than those for which they are customarily used; 8. Damage from improper installation or maintenance; 9. Damage caused by any other abuse, misuse, mishandling, or misapplication;
3 10. Accessories or other products or services of companies other than Digital Comm Link, Inc.; 11. Damage caused by programs, data, viruses, or other files; 12. Damage resulting from any other cause which is not a normal, proper, or ordinary use of the equipment. 5. Service Coverage The repair services provided by Digital Comm Link, Inc. under this Agreement shall include those services necessary to correct the dysfunction of the equipment listed on the face of this Agreement, either electrical or mechanical, which prevent such equipment from operating in accordance with the specification established for such equipment at the date of manufacture by Digital Comm Link, Inc. Except as otherwise provided herein, such service shall include all material and labor deemed necessary to restore the equipment to specifications. All parts and replacement parts used in such service may be either new or refurbished parts of like quality. Whenever Digital Comm Link Inc. uses replacement parts to repair the equipment, all parts of the equipment which were replaced shall be the property of Digital Comm Link Inc. This agreement does not cover a traceable certificate that includes before and after testing. That service can be provided, but will be billed out at Digital Comm Link, Inc. s normal rate. The service provided under this contract shall be performed at the principal place of business of Digital Comm Link, Inc. at State Road 84 Davie, Florida, during normal business hours, 9:00 AM until 5:00 PM Eastern Standard Time, Monday through Friday, excluding holidays designated by Digital Comm Link, Inc. Digital Comm Link, Inc. shall use its best effort to complete the service contemplated by this Agreement within (5) working days commencing upon the day following the date equipment was delivered to Digital Comm Link, Inc. for repair. Service time shall not include delay occasioned by the need to order parts, assemble, or to diagnose intermittent equipment failure. Customer will be responsible for all shipping, handling, customs, duties, and insurance costs for delivery of equipment to be repaired, and for the return of the repaired equipment. It shall be a breach of the Agreement should customer ship equipment to Digital Comm Link, Inc. without shipping insurance that covers the full value of the equipment. 6. Instructions for Return of Equipment.
4 In order to return the equipment to Digital Comm Link, Inc. for service under the terms of this Agreement, Customer shall: A. Package and ship, or deliver, the equipment, freight prepaid, property insured, addressed to: Digital Comm Link,, Inc State Road 84 Davie, FL,, USA B. Enclose a typed or hand printed statement listing the following item: Customer name, mailing address, equipment model and serial number, description of equipment failure, failure history, Service Agreement Number (front of this Agreement), Customer s address, for a predetermined charge. C. Equipment shall be returned to Digital Comm Link, Inc. at customer s expense, and with shipping insurance that covers the full value of the equipment, by returning equipment in a UPS properly cushioned box to avoid further damage to the equipment. 7. Refund. This is a non-refundable policy. 8. Conditions of Service. Digital Comm Link, Inc. shall be under no obligation to furnish services under this Agreement if, in Digital Comm Link, Inc. s opinion, the equipment was damaged because of: (1) abuse or misuse of the equipment, (2) Customer s negligence or failure to follow Digital Comm Link, Inc. s operating instructions for the equipment, (3) natural disasters such as flood or earthquake, (4) strikes, riots, acts, of war, nuclear disaster, or other causes beyond Digital Comm Link, Inc. s control, (5) repairs or modifications to the equipment made that were not authorized Digital Comm Link, Inc. personnel, (6) unusual shock or electrical damage, (7) accident, fire or water damage, air conditioning failure, humidity control failure, a corrosive atmosphere harmful to electronic circuitry, damage during transportation by Customer, damage attributed to any software, or any cause other than normal, ordinary, and proper use. 9. Maintenance Exclusions. Digital Comm Link, Inc. services under this Agreement does not include: (1) operating supplies and consumables such as batteries, fuses and lubricants, (2) maintenance of optional accessories, or (3) any other services not specifically described herein. In the event the equipment is return to Digital Comm Link, Inc. for repair service and no
5 problem can be found, Digatal Comm Link, Inc. reserves the right to charge Customer an evaluation fee based on Digital Comm Link, Inc. s standard service rate for labor in effect at the time of the evaluation. 10. Responsibilities of the Customer. A. Customer will maintain an operating environment for the equipment in accordance with Digital Comm Link, Inc. s published specifications for the equipment. B. Customer will follow routine operating procedures specified in the operation manual for the equipment. C. Customer is responsible for following the instructions for return of the equipment described in paragraph 4 above. D. Any failure of Customer to abide by any of Customer s responsibilities shall give Digital Comm Link, Inc. the right to terminate this Agreement without notice. 11. Remedies and Damages Limitations. A. Digital Comm Link, Inc. s sole and exclusive liability, and customer s sole and exclusive remedy, for any breach by Digital Comm Link, Inc. of this Agreement shall be for Digital Comm Link, Inc. to make all necessary adjustments, repairs and replacements to maintain the equipment in accordance with the terms and conditions of this Agreement. The maximum liability of Digital Comm Link, Inc., regardless of the form of actions taken, shall not in any event exceed the total Agreement Charge paid. B. Digital Comm Link, Inc. shall not be liable for loss or damage to the equipment from theft, mysterious disappearance, fire, nor any other cause occurring at a location other than Digital s Comm Link, Inc. s listed address. C. Digital Comm Link, Inc. shall not be liable for loss of profits, loss of use, or indirect, special incidental, or consequential damages of any kind in connection with, or arising out of, failure to furnish services, equipment or materials, or the performance or maintenance of the equipment under this Agreement, whether alleged as a breach of any provisions of this Agreement, or whether alleged in connection with tortuous conduct. No obligation or liability shall arise or flow out of Digital Comm Link, Inc. regarding technical or other advice in connection with service, equipment, or materials. 12. Contingencies.
6 Digital Comm Link, Inc. is hereby excused from performance rising from, and shall not be held liable for, any delay in whole or part caused by the occurrence of any contingency beyond the reasonable control either of Digital Comm Link, Inc. or its suppliers. These contingencies include, but are not limited to, war, sabotage, insurrection, riot or other civil disobedience, act of public enemy, failure or delay in transportation, act of government or any agency or subdivision thereof affecting the terms of the Agreement or otherwise, judicial action, labor dispute, accident, fire, explosion, flood, severe weather or act of God, shortage of labor, fuel, raw material, or machinery, delays in transportation, or delays or non-delivery by Digital s Comm Link, Inc. s suppliers. 13. General. A. Customer represents that Customer is the owner of the equipment listed on this Agreement. B. Any attempt to assign or transfer any of the rights, duties, or obligations herein is void unless agreed to in advance in writing by Digital Comm Link, Inc. C. The Agreement shall in all respects be governed by laws of the State of Florida. The parties hereby agree that any dispute relating to the service sold hereunder shall be subject to the personal jurisdiction of the courts within the 17th Judicial Circuit Broward County, Florida. D. Digital Comm Link, Inc. reserves the right to withhold, without liability, but with prior written notice, any services authorized by the Customer under this Agreement if the Customer is delinquent in payment of any amount due to Digital Comm Link, Inc., including, but not limited to, payment for charges specified by this Agreement. E. In the event of any default by Customer, Digital Com Link, Inc. may decline to perform further service on the equipment without in any way affecting its rights under this Agreement. If Digital Comm Link, Inc. elects to continue to perform service on the equipment. Digital Comm Link, Inc. s actions shall not constitute a waiver of any default by Customer or in any way affect Digital s Comm Link, Inc. s legal remedies for any such default. F. Digital s Comm Link, Inc. s failure to exercise any of its rights hereunder shall not constitute or be deemed a waiver or forfeiting of such rights. G. Stenographical, typographical, and clerical errors on this Agreement are subject to correction. H. No U.S Government procurement regulations shall be binding on either party unless specifically
7 agreed to in writing prior to incorporation herein. I. Any notices required to be given hereunder shall be given in writing at the address of each party set forth below or such other address as either party may substitute by written notice to the other. J. This contract constitutes the entire and exclusive Agreement and supersedes all previous communications, representations or Agreements, either oral or written, between Digital Com Link and the Customer. Any modifications or additions to any provisions of the Agreement must be agreed to in writing by an authorized representative of Digital Comm Link, Inc. located at Digital s Comm Link, Inc. s principal place of business.