Advanced Cable Tester Limited Warranty

Total Phase, Inc. (“Total Phase”) warrants this Product to be free from defects resulting from faulty manufacture or faulty components under the following terms:

Warranty Period

Total Phase warrants parts and labor during the Application Support¹ period or 3,000 cable plug insertions², whichever comes first (“Warranty Period”).

¹ The Application Support period is the time period where the associated Promira Serial Platform is in Application Support: typically beginning on the date of purchase and extending for one year from date of purchase, one year from date of the last application purchase, or one year from the date of the last renewal of Application Support, whichever is later.

² An insertion is defined as the act of plugging a cable into the receptacle on the Advanced Cable Tester hardware, and is counted separately for each receptacle. For the purposes of this warranty, the connector with the highest insertion count is used.

Pro-rated Replacement

Total Phase offers a pro rata warranty for any unit that fails during the Application Support period (or extension thereof) and which has more than 3,000 cable plug insertions. If any unit fails as a result of reasonable wear, defect in material, or workmanship during the Application Support period (and any extension thereof) and at least one connector has more than 3,000 insertions, Total Phase will replace the Advanced Cable Tester hardware device with replacement costs prorated based upon the below table:

Highest Connector Insertion Count	Discount from MSRP
< 3,001	100%
3,001 – 4,000	80%
4,001 – 5,000	65%
5,001 – 6,000	50%
6,001 – 7,000	40%
> 7000	33%

Protection

This warranty is enforceable only by the original purchaser, is non-transferable, and expressly excludes any product that has not been purchased as new from an authorized Total Phase source. Further, this warranty is only applicable in the country or territory where the product was purchased. This warranty does not apply to Total Phase products that are obtained as a result of the purchase of a non-Total Phase product.

Coverage

To the extent permitted by applicable law, this warranty does not apply to:

• normal wear and tear;

• damage which results from accident, abuse, misuse, neglect, improper handling, or improper installation;

• damage or loss of the product caused by undue physical or electrical stress, including but not limited to moisture, corrosive environments, high voltage surges, shipping, or abnormal working conditions;

• damage or loss of the product caused by acts of nature including but not limited to floods, storms, fires, and earthquakes;

• damage caused by operator error, or non-compliance with instructions as set out in accompanying documentation;

• alterations by persons other than Total Phase or its authorized repair agents;

• products for which the product's serial number has been tampered with or removed; counterfeit products;

• damage or loss of data due to interoperability with current and/or future versions of operating system, software, and/or hardware;

• damage or loss of data caused by a computer virus, worm, Trojan horse, or memory content corruption;

• damage caused by any power source not provided with the product;

• failures of the product caused by products not supplied by Total Phase.

• attaching power supplies or any other product which provides power to the U/D receptacles.

Service Procedure

In the event that the hardware product proves defective during the Warranty Period, then upon presentation of your proof of purchase, you are entitled to return the hardware product to us for repair with new or reconditioned parts, or for replacement with a new or refurbished model that is the same or similar to the original, at the discretion of Total Phase. Any returned parts or products from you that have been replaced become the property of Total Phase.

To obtain service under this warranty create a new request via www.totalphase.com/support/.

Limitations

You expressly acknowledge and agree that your use of this Product and accompanying software (“Software”) is AT YOUR OWN RISK and that the Product and Software are provided “AS IS”, subject only to the terms and conditions of the warranty above.

TOTAL PHASE (i) DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES AS TO THE NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE PRODUCT; (ii) SHALL IN NO EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, INJURY, OR DAMAGE CAUSED IN WHOLE OR IN PART BY FAILURES, DELAYS, OR INTERRUPTIONS OF THE PRODUCT; (iii) SHALL IN NO EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR OTHER LOSSES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE PRODUCT OR SOFTWARE OR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE PRODUCT OR SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT OR SOFTWARE IS WITH YOU AND SHOULD IT BE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF SERVICING, REPAIR OR CORRECTION OF SUCH DEFECTS, SUBJECT ONLY TO THE TERMS AND CONDITIONS OF THE WARRANTY ABOVE.

This warranty gives you specific legal rights.  You may also have other rights granted under state law which vary from state to state. Some jurisdictions do not allow the exclusion or limitation of warranties or incidental or consequential damages, so some of the above limitations or exclusions