Service terms and conditions

1. BASIC WARRANTY AND EXTENDED WARRANTY
Basic warranty usually is for a period of twelve (12) months from the date of shipment. Some limited product ranges have a 2- or 3-year basic warranty period. Extended warranties may apply if purchased upon acquisition of the products.

During the warranty period, products are warranted under normal use: a) to be free from any defect in design, material, and workmanship; b) to conform strictly to specifications and approved samples; and c) to be fit and sufficient for the purpose intended.

Return-to-Customer shipping costs will be paid by EXFO for products under basic warranty if submitted by original purchaser. Shipping insurance is at Customer's expense. The following services are also included in the warranty: a) free unlimited technical support; and b) free software upgrade for all products registered.

This warranty is in lieu of all other warranties express, implied or statutory, including, but not limited to implied warranties of merchantability and fitness for a particular purpose. In no event shall EXFO be liable for special, incidental, or consequential damages.

2. EXCEPTIONS AND GENERAL INFORMATION
The basic warranty does not cover recalibration or additional performance verification, unless it is required as a result of an under-warranty repair. EXFO warranties do not cover equipment or parts subjected to misuse, negligence, accidental destruction, incoming power problems or that are not used as per the user manual.

All consumable parts are excluded from the basic warranty including but not limited to: batteries, connectors and adapters, cleaning tools, cases, chargers, and patchcords.

Caution: Only EXFO's trained personnel may open the case of an instrument as permanent damage to the unit may occur. All EXFO warranties will immediately become null and void if any unauthorized third party opens an instrument case, removes the warranty sticker from across the seam of the case, removes any of the case screws, if the product serial number is altered, erased or removed, if the hardware or software is altered or if units are not installed as per manufacturer’s instructions or applicable security standards.

3. NON-WARRANTY SERVICE
Repairs of all instruments not covered by a basic warranty or a FlexCare extended warranty are covered by a repair warranty of three (3) months. EXFO offers fixed pricing, communicated on RMAs. However, upon receipt and evaluation of the unit at the Service Center, should the pricing differ, EXFO will notify customers. Services provided to the Customer outside any warranty period are at Customer's expense and the Customer shall assume all shipping charges.

4. CALIBRATION AND PERFORMANCE VERIFICATION SERVICE
At the time of sale, EXFO certifies that equipment meets its published specifications. If subsequent calibration and verification services are required, they will be charged to the Customer, unless the product is covered by a FlexCare Service Agreement that includes calibration and verification services.

5. CUSTOMER OBLIGATIONS
Upon issuance of a Return Merchandize Authorization (RMA), the customer must follow these steps: a) pack the equipment in original shipping material; b) include statement or report fully detailing the defect and conditions under which it was observed; c) ensure that the RMA number is indicated on the box; and d) return the equipment, prepaid, to the address provided by EXFO personnel.
Note: Shipping insurance is Customer’s responsibility; Customer bears the risk of loss and damage during shipping.

6. SHIPMENT AND RISK OF LOSS
EXFO will ship equipment according to EXFO’s standard commercial practices (FCA point of origin). Unless otherwise specified in any EXFO warranty or policy, Customer is responsible for all shipping fees.

7. PAYMENT
Payments are subject to EXFO’s credit approval. For accounts in good standing, payment is due thirty (30) days from the EXFO invoice date. Invoices will be issued in advance of the support period without any deduction or compensation, and Customer shall have no right to retain amounts due to EXFO.

8.FORCE MAJEURE
Neither party shall be liable for delay or non-delivery of its obligations under these Service Terms and Conditions when such non-delivery or delay is attributable to Acts of God, superior force, compliance in good faith with any applicable legislation or governmental regulation, or any other cause beyond reasonable control.

9. APPLICABLE LAWS
All transactions with EXFO shall be governed by and interpreted in accordance with the laws applicable in the province of Quebec, Canada, except as to (i) conflicts of laws provisions; and (ii) the reference to the Incoterm “FCA”, which incorporates into these Terms and Conditions all the current rules of the International Chamber of Commerce pertaining to the 2000 Incoterms. In addition, the application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly excluded.