Motorola HMN9051A - HMN - Speaker Microphone User Manual page 90

Terms and Conditions...
PRODUCT EQUIPMENT COMPATIBILITY
Motorola agrees that the Product will perform in accordance with the specifications stated in Motorola's catalogue sheets.
This does not extend to the performance of the Product as a part of a larger system generally nor specifically to the Product in
combination with products, elements or components not supplied by Motorola.
PRODUCT REPLACEMENTS
Motorola may provide product replacements for ordered parts and accessories for currently manufactured radios as long as
the replaced item is the same or better technology and sold at the same price. The invoice will reflect either the actual prod-
uct shipped or the product ordered and no order modification is required.
When replacement parts and accessories are needed for radio products no longer being manufactured, Motorola cannot guar-
antee that an equivalent or better part or accessory will always be available or that the replacement item found can be sold
at the same price.
Motorola reserves the right to cancel the ordered item without penalty if the ordered item is no longer available or if
Motorola offers the item at a higher price and mutual agreement on price cannot be reached.
To effect administrative savings to the Government, Finance Offices are instructed to make payments in accordance with this
paragraph without requiring an order modification for replacement products sold at the same price.
SALES TO GOVERNMENTAL ENTITIES
Terms And Conditions
88
E. WARRANTIES. IN ANOTHER SECTION OF THE PRICE AND AVAILABILITY LIST, MOTOROLA HAS PROVIDED CUSTOMER
WITH ITS PRODUCT WARRANTY AND, IF APPLICABLE, ITS SOFTWARE LICENSE, WHICH WARRANTY AND LICENSE, TO
THE EXTENT APPLICABLE, ARE INCORPORATED INTO AND MADE A PART OF THESE TERMS AND CONDITIONS. THIS
WARRANTY IS GIVEN IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED WHICH ARE SPECIFICALLY
EXCLUDED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. CUSTOMER HEREBY ACKNOWLEDGES RECEIPT OF SUCH WARRANTIES AND LICENSE.
A. Third Party Sales. In the event that Customer elects to provide Products or services to a Governmental entity, or to a
prime contractor selling to a Governmental entity, Customer does so solely at its own option and risk and agrees not to
obligate Motorola as a subcontractor or otherwise to such Governmental entity. Customer remains solely and exclusively
responsible for compliance with all laws governing such sales to such an entity. Further, Motorola makes no
representations, certifications, or warranties whatsoever with respect to the ability of its goods, services, or prices to
satisfy any such laws. The term "Governmental entity" as used above includes any U.S. Federal, State, or Local
Government agency or instrumentality as well as any Foreign (non U.S.) Government agency or instrumentality.
B. Sales to Governments. In the event that Customer is a state or local government agency in the United States or
instrumentality, a foreign (non U.S.) government agency or instrumentality, or a contractor to such an entity, Customer
agrees to promptly advise Motorola of any special government terms or conditions of sale and/or of any state and/or
local law, regulation or ordinance that may be applicable to this sale. Customer's offer is conditioned upon such notice
and upon Motorola's acceptance, in writing, of any such special requirements.
C. Sales to Federal Government. The following additional provisions apply to orders from Federal Government agencies:
The "DEFINITIONS" section above is deleted and replaced by the following: "Motorola" shall mean the United States
Federal Government Markets Division of the Government & Enterprise Mobility Solutions of Motorola, Inc. "Customer"
shall mean the entity that purchases products from Motorola. "Products" shall collectively mean the Replacement Parts,
Batteries, Accessories, Test & Site Equipment, and software ordered by the Customer from Motorola's then current Price
and Availability.
United States Federal Government orders calling for RPSD products, parts and accessories cannot exceed
$25,000.00 and all such orders are to be paid via credit card. Motorola is not a small business. Motorola's tax ID
number is 36-1115800.
For all orders, payment should be made by Government-wide commercial purchase card.
Motorola makes no representation or certification with respect to the ability of any ordered item to satisfy requirements
of FAR or FAR supplement provisions related to product content, including but not limited to provisions relating to the
Buy American Act and Trade Agreements Act.
D. The following clauses from the Federal Acquisition Regulation ("FAR") are incorporated by reference: FAR52.219-8,
FAR52.222-21, FAR52.222-26, FAR 52.222-35, FAR 52.222-36, FAR 52.222-37, FAR 52.212-4(i), and FAR 52.233-1.