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GXC PRODUCT WARRANTY

OUR LIMITED WARRANTY WAS UPDATED ON 04/01/2024.

THIS LIMITED WARRANTY CONTAINS THE DISPUTE RESOLUTION AND ARBITRATION PROVISION AS PROVIDED IN THE GXC TERMS OF USE.

Limited Product Warranties

ONYX Software

Unless otherwise provided by GXC in writing, GXC warrants that any component of the ONYX Software developed or created by GXC (collectively, the “GXC Equipment”) will perform in accordance with GXC’s written specifications (the “GXC Limited Warranties”) for the period of time that Customer continues to pay the ONYX Software Subscription Fees under the terms of the applicable Order Form (the “Limited Warranty Period”) commencing from the delivery date by GXC to the Customer.

RAN Equipment

The RAN Equipment and any other component of the ONYX System provided by an independent third party shall be subject to the warranties provided by the applicable third party (as modified, the “Third-Party Warranties”) during the related warranty period as more particularly detailed below. The GXC Warranties and the Third-Party Warranties are collectively referred to as the “Limited Warranties”).

Modification of Warranties

GXC reserves the right to modify the GXC Limited Warranties and any Third-Party Warranties on at least thirty (30) days’ prior written notice to Customer.

Warranty Claims

If Customer makes a claim under the GXC Warranties or any Third-Party Warranty (a “Warranty Claim”), Customer shall promptly notify GXC of any such Warranty Claim. Unless otherwise agreed by the parties, GXC shall be responsible for interfacing with the applicable third-party provider.

If any of (a) the GXC Equipment is determined to be in nonconformance of the GXC Warranties during the Limited Warranty Period or (b) the RAN Equipment or other component of the ONYX System provided by an independent third party is determined to be in nonconformance of the Third-Party Warranties during the related warranty period applicable, then the Customer shall notify GXC immediately to obtain a Return Material Authorization (“RMA”) from GXC for each nonconforming component of the ONYX System. The Customer will provide a description of the nonconformity and other reasonable information to enable verification of the nonconformity and if requested by GXC, return the nonconforming component of the ONYX System to GXC’s designated repair facility, freight prepaid. GXC’s exclusive obligations and liability with respect to any nonconforming components of the ONYX System that are subject to any of the Limited Warranties shall be, at GXC’s option, (a) to repair or replace the nonconforming component with a new or reconditioned equivalent that conforms to the specifications, or (b) to use reasonable diligent efforts to provide Customer with a correction or workaround of the defect.

Notwithstanding the foregoing, the Limited Warranties shall not apply in the following circumstances. Any component of the ONYX System, including the RAN Equipment and the ONYX Software:

(a)        that has been subject to abuse, accident, alteration, modification, tampering, negligence, or misuse.

(b)        that has been repaired or serviced by anyone not authorized by GXC to render such service.

(c)        that is affected by a Force Majeure Event; or

(d)        whose model or serial number has been altered, tampered with, defaced, or removed.

Any component of the ONYX System, including the RAN Equipment and the ONYX Software that is repaired or replaced under the Limited Warranties are:

(a) returned to Customer freight prepaid by GXC and

(b) guaranteed for ninety (90) days from the repair date, or the remainder of the applicable warranty period, whichever is longer.

RAN Equipment Service Limitations

The use of the RAN Equipment is subject to FCC regulation (See FCC Title 47, Chapter 1, Subchapter D, Part 96 – “CBRS Regulations”).  Customer acknowledges that the RAN Equipment operation in the 3550-3700MHz band (aka CBRS band) is subject to current and future international agreements with Mexico and Canada. Notwithstanding anything to the contrary in this Agreement, Customer, as a General Authorized Access User, has no expectation of interference protection from other General Authorized Access Users as defined by the CBRS Regulations.  Customer further acknowledges that there may be interference from Priority Access Licensees and Incumbent Users. RAN Equipment and external antennas (if any) must be installed and maintained in accordance with the FCC regulations and in accordance with additional rules required by the Spectrum Access System (SAS) Administrator.  Customer acknowledges that under certain conditions, the Spectrum Access System Administrator may suspend operation of RAN Equipment.

Third-Party Warranties

Indoor, Outdoor, Outdoor High Power and Mesh Node Access Points:

The above access points are covered under warranty for as long as there is an active ONYX Software Subscription Fee being paid by Customer under the Terms of  Use and the applicable Order Form.

The warranty for the access points noted above is as follows:

  1. GXC warrants to Customer that all access points, when shipped from the GXC to Customer, shall conform in all material respects with the GXC’s published specifications.
  2. The foregoing hardware and software warranty does not apply to any unit that has been modified, altered, damaged, mishandled, mistreated, used, or maintained or stored other than in full conformity with the specifications and GXC’s instructions, or used for other than its intended purpose. 
  3. Standard warranty: GXC warrants that the access points (both hardware and corresponding software) will, when properly installed, conform at the date if original purchase to GXC’s published specifications and that the access points and any parts thereof, will be free from defects deriving from faulty workmanship or materials under normal use and service, from the time when the purchase order is approved from the Customer until the hardware has reached its end of life, or the ONYX Software subscription is terminated, whichever comes first. Software warranty period for the access points starts synchronouslywith that of hardware.

Warranty Exclusions:

This warranty shall not cover the following circumstances: 

  1. Improper installation.
  2. Defective product ID (e.g., bar code, version) has been altered or destroyed.
  3. Damage caused on purpose or negligently, including but not limited to mishandling of the product during transport, usage in an abnormal environment, operation nonconformity to user guide or the warranty agreement herein, improper maintenance.
  4. Power unit damage caused by supply voltage exception (e.g.: voltage excess, abnormal shut down), battery box damage caused by charger out of specifications or irregular operation during battery charging process.
  5. Adjustment or repair other than through GXC.
  6. Force majeure event
  7. Access point shell surface suffered physical scratch or smear.
  8. Access points authorized for test, training, and demonstration purposes.

 

Warranty Service Process:

Hardware:

  1. Customer reports the initial problem to GXC, and GXC works with the Customer to send the defective unit back to GXC.
  2. Within ten (10) days of receipt of the valid return materials authorization (RMA) from Customer to GXC, GXC will deliver an unused replacement component of equal or greater functionality

Software:

  1. The Customer reports software problem to GXC.
  2. GXC will work with its supplier to identify, reproduce, mitigate, and evaluate any potential fixes for the identified issue. If applicable, the software fix will be provided as an upgrade or patch and, in most cases, can be updated remotely. In the event that the system cannot be updated remotely, GXC will identify a solution to perform an onsite repair or provide new hardware with the software patch or fix applied.

If GXC repairs or replaces a defective product under warranty, the repaired or replaced product will be covered through the end of the original warranty period. GXC has at their discretion to repair, replace or refund the original purchase price of the product received under warranty. shipping costs (including customs) of the product (both ways) shall be the obligation of GXC unless an exception to the warranty applies or “no problem found” applies. In the event of “no problem found” GXC may also charge back to Customer the shipping fees and any inspection fees that are incurred. GXC shall not be responsible for any costs associated with the installation of the repaired or replaced product.