Our Lifetime Warranty is our promise to end-user customers. It applies to pre-owned original equipment manufacturer (“OEM”) branded equipment, OEM branded equipment acquired outside of authorized resale channels (i.e. “new in box” or “out of channel” equipment) and new Whaley Communications branded equipment (collectively, the “Equipment”).

Whaley Communications warrants that the Equipment sold to Buyer will be free from defects in material and workmanship for the lifetime of such Equipment provided that the Equipment is properly used and maintained.

During the warranty period, Whaley Communications will replace any defective Equipment, or if it is unable to locate a suitable replacement, Whaley Communications will repair the Equipment. If it is unable to do either, Whaley Communications will refund the purchase price to Buyer. Whaley Communications reserves the right to replace defective Equipment with the same model or with an upgraded model with comparable functionality. Buyer must return the defective Equipment to Whaley Communications within ten (7) days of receipt of the Replacement Equipment. Whaley Communications shall cover the costs of shipping the defective Equipment back to Whaley Communications. Buyer must obtain a valid return authorization number from Whaley Communications for all returns prior to returning Equipment.

Whaley Communications will pay for the costs to ship any “Repaired Equipment” or “Replacement Equipment” to the Buyer. Replacement Equipment and Repaired Equipment will be shipped using Whaley Communications’ preferred carrier, freight prepaid by Whaley Communications. Whaley Communications shall also cover the cost of any import duties, taxes or other similar fees, arising in connection with the shipment of such Equipment, except for any such duties, taxes or fees arising as a result of shipments to India, China, Russia or Brazil, which shall be Buyer’s responsibility.

This warranty does not apply to any failure of the Equipment as a result of misuse, abuse, accident, neglect or mishandling, lack of proper maintenance, environmental factors, improper installation or configuration, flood, fire or other natural disasters, physical damage, electrical issues such as lightning, power surges or incorrect electrical voltages, or improper modifications.

This warranty is only valid for the original purchaser of the Equipment (“Buyer”).

This warranty does not apply to any new OEM branded equipment for which Whaley Communications is an authorized reseller or any new OEM branded equipment acquired for resale by Whaley Communications from an authorized reseller. Warranties for such equipment are provided solely by the manufacturer of the equipment.

WHALEY COMMUNICATIONS EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO ANY SUCH EQUIPMENT, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WHATSOEVER. To the extent it is authorized, Whaley Communications will pass through to the Buyer any transferable warranties. Whaley Communications sole responsibility with respect to any such warranties is to provide Buyer with reasonable assistance in its efforts to have the manufacturer honor the warranties.

This warranty does not apply to any products purchased in wholesale transactions. This warranty does not cover software products, batteries, licenses or any services, including SMARTnet and or other maintenance services. Whaley Communications disclaims any warranty, express or implied, for such goods and services, except as separately agreed to in writing by Whaley Communications

EXCEPT AS SET FORTH ABOVE, OR AS OTHERWISE AGREED TO BY WHALEY COMMUNICATIONS IN WRITING, WHALEY COMMUNICATIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH REGARDTO THE EQUIPMENT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, SUITABILITY, OR NON-INFRINGEMENT. THE REMEDY OF REPAIR, REPLACEMENT OR REFUND, AS DETERMINED IN WHALEY COMMUNICATIONS’ SOLE DISCRETION, WILL BE THE EXCLUSIVE AND SOLE REMEDY OF BUYER WITH RESPECT TO ANY CLAIMS BASED ON THE EQUIPMENT. IN NO EVENT SHALL WHALEY COMMUNICATIONS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONTINGENT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF OTHER PROPERTY OR GOODS, LOSS OF PROFITS OR REVENUE OR LOSS OF USE.