I. DELIVERY
Unless otherwise agreed in writing, delivery shall be made in accordance with Clearfield’s shipping policy in effect on the date of shipment. Unless otherwise stated on the front of the invoice, title to, and all risk of loss or damage with respect to the Products shall pass to Customer upon delivery by Clearfield to the carrier or Customer’s representative at Clearfield’s warehouse. Customer shall promptly notify Clearfield, in no event later than ten (10) business days after delivery, of any claimed shortage or discrepancy as to any delivery. Such notice shall be in writing and shall be reasonably detailed, stating the grounds for rejection. Failure to give written notice within such time shall be deemed an acceptance in full of the delivery.
II.WARRANTY
A: Clearfield Standard Warranty
Clearfield warrants to the original purchaser of the Product sold hereunder is free from defects in material and workmanship under normal use and service, subject to exceptions stated herein.
B: Product Warranty
Refer to the Section IV “Product Warranty Classifications” below for terms of warranty as they apply to individual Clearfield Product Families.
Products manufactured by Clearfield to customer prints and/or specifications are warranted for one (1) year. In all cases, the warranty period commences on the date of shipment to the original purchaser.
C: Warranty Claim Procedure
If any Product purchased from Clearfield is found defective under the above warranty, the following basic procedure must be followed:
a) Customer must contact Clearfield and obtain a Return Materials Authorization.
b) Following authorization, the Customer ships the product per — Clearfield’s freight instructions — to Clearfield’s manufacturing facility.
c) Clearfield shall repair or replace the defective Product at its sole option and discretion, and return the repaired or replacement Product to Customer's site, freight prepaid.
d) Note: If the Product is not found to be defective at Clearfield, the product will be returned to the Customer and the customer billed for freight in both directions.
(See “Return Authorization Procedures” below for additional details.)
D: Limitations of Warranty
CORRECTION OF DEFECTS BY REPAIR OR REPLACEMENT, AT THE OPTION OF CLEARFIELD INC, SHALL CONSTITUTE THE EXCLUSIVE SOLE REMEDY FOR A BREACH OF THIS LIMITED WARRANTY. CLEARFIELD SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PRODUCT OR WITH AGREEMENT TO SELL PRODUCT TO BUYER, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF USE, OR FOR ANY DAMAGES OR SUMS PAID BY BUYER TO THIRD PARTIES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER THE CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.
CLEARFIELD WILL NOT BE RESPONSIBLE FOR ANY LABOR OR MATERIALS COSTS ASSOCIATED WITH INSTALLATION OR INCORPORATION OF CLEARFIELD PRODUCTS AT CUSTOMER SITES, INCLUDING ANY COSTS OF ALTERATION, REPLACEMENT OF DEFECTIVE PRODUCT, OR ANY FIELD REPAIRS.
E: Other Limitations
Clearfield assumes no warranty liability regarding defects caused by:
1) Customer’s modification of Product, except installation activities described in Clearfield documentation.
2) Customer re-packaging of Product for shipment to third parties or destinations other than those originally shipped to by Clearfield, or any defects suffered during shipping where the Product has been re-packaged.
3) Customer’s installation or maintenance, except activities described in and performed in accordance with Clearfield documentation.
4) Customer’s improper or negligent use or application of Product.
5) Other causes external to the Product, including but not limited to accidents, catastrophe, acts of God, government action, war, riot, strikes, civil commotion, sovereign conduct, or the acts or conduct of any person or persons not party to or associated with Clearfield.
6) Environmental factors and weathering resulting in aging and damage not necessary or applicable to the function of the product.
III. RETURNS PROCEDURES/GUIDELINES
A: General: Return Material Authorization (RMA)
1) No Product may be returned without a Clearfield-assigned Return Materials Authorization number ("RMA number"), obtained by contacting a Clearfield inside sales representative. Any Product arriving at Clearfield without an RMA may be rejected.
2) All packages and correspondence MUST be marked with the RMA number. Any packages received without a visible RMA number may be rejected.
3) Product must be returned within thirty (30) days of issuance of an RMA number unless otherwise agreed upon in writing by Customer and Clearfield.
4) Product should be returned in original containers whenever possible. Clearfield is not liable for any shipping damage incurred during transport from Customer’s site to the Clearfield facility.
B: Defective Product Returns
1) Clearfield shall repair or replace the defective Product at its sole option and discretion.
2) Freight charges to return defective Product from Customer to Clearfield’s manufacturing facility will be freight collect. Clearfield will be responsible for freight costs to return replaced or repaired Product to the Customer’s facility.
3) Note: If the Product returned is not verified as being defective at Clearfield, the Product will be returned to the Customer and the Customer will be billed for freight in both directions.
C: Non-Defective Product Returns
1) Non defective Product purchased within the last 180 days in new (uninstalled) condition may be returned for credit (no cash refunds) at the discretion of Clearfield.
2) Custom Product (manufactured by Clearfield to customer prints and/or specifications or built to custom configurations) is non-cancelable and non-returnable.
3) Non-defective Product returns may be assessed a 10% to 50% restocking fee. Any applicable restocking fees will be communicated to Customer before an RMA number is issued by Clearfield.
4) All non-defective Product must be returned with the original test documentation to receive full credit. If this documentation is missing, Customer will be assessed the cost of re-testing the Product and/or recreating the documentation.
5) Freight charges for returning non-defective Product to Clearfield shall be prepaid by the Customer.
6) Credit for returned non-defective Product, minus any restocking fees, will be issued only after Product is received at Clearfield and inspected to ensure that all conditions for credit are satisfied.
Products returned in an unused but "incomplete" status (missing hardware, manuals, prints, etc.), will be assessed a restock charge. This "incomplete" return charge is in addition to any other applicable restock charge.
D: Repair or Refurbishment of Out-of-Warranty Products
1) Product outside of the warranty period or otherwise not covered under this warranty may be returned for repair or refurbishing at the discretion of Clearfield.
2) An estimated quote for the repair services will be provided by Clearfield at the time of RMA number request. Upon receipt of Product at Clearfield, a more exact quote for the repairs will be communicated to Customer.
3) If Customer elects to proceed with the repairs, the Product will be repaired, shipped, and Customer billed for the services performed.
4) Customer is responsible for inbound and outbound freight for out-of-warranty repairs.
The repair/refurbishment work is warranted as free of defects in material and workmanship for a period of one (1) year.
IV: PRODUCT WARRANTY CLASSIFICATIONS
| Product Warranty | Classification |
COPPER CONNECTIVITY PRODUCTS
| “Custom” Copper Assemblies (built to customer design/print) | 1 Year |
| Copper Assemblies, designed and branded by Clearfield | 3 years |
| Copper Accessories & Tools | 1 Year or Mfg. Pass-through |
FIBER CONNECTIVITY FRAMES, PANELS & PATCH CORD PRODUCTS
| Clearview Blue, Black and xPAK Cassettes | 3 Years connectivity/1 year housings |
| Fiber Frame Series (FxDS, FxHD Crossover, FxDS Standard) | 3 Years connectivity/1 year housings |
| Fiber Panel Series (FxDS, SCD, FxHD, Optical Component Chassis (OCC)) | 3 Years connectivity/1 year housings |
| Fiber Wall Boxes (Fiber Delivery Point (FDP) Small Cell Wall Box Fiber Delivery Point (FDP) Indoor & Outdoor Wall Boxes, Fiber Delivery Point (FDP) KIS Outdoor Enclosure Small Count Delivery (SCD) Wall Box for Cassette and xPAK, Mini FEC Wall Box) | 3 Years connectivity/1 year housings |
| WaveSmart® Splitters (Ruggedized, Industry Standard, High Density) WDM’s and Optical Components |
3 Years connectivity/1 year housings WaveSmart Industry Standard Splitters 5 Years WaveSmart Premium Ruggedized Splitters 20 Years WaveSmart High Density Splitter 20 Years |
| YOURx® Flex Box | 3 Years Connectivity/1 Year Housings |
| StreetSmart® Fiber Hand-Off Box | 3 Years Connectivity/1 Year Housings |
| Fiber Patch Cords | 1 Year or Manufacturer-Pass-through |
|
Terminated Fiber Assemblies (Breakout Assemblies Distribution Assemblies Drop Node Assemblies 90 Degree Drop Node Assemblies FTTH Drop Cable Assemblies MPO Assemblies Outside Plant Fiber Assemblies) |
1 Year |
| Fiber Accessories & Tools | 1 Year or Mfg. Pass-through |
FIBER OUTSIDE PLANT PRODUCTS
| FieldSmart® Fiber Cabinets (Passive Fiber Scalability Center (FSC) Cabinets and Fiber Distribution Hub (FDH) Cabinets) | 3 Years connectivity/5 year housings |
| FieldSmart® Fiber Cabinets - Powered Fiber Active Cabinets (FAC) | 3 Years connectivity/5 year housings |
| Powered ODC Cabinet Housings and Connectivity | 5 Years |
| Powered ODC Cabinet Installation Kit Hardware | 1 Year |
| Rectifier Systems, Heat Exchanger and Batteries | Manufacturer's pass through warranty, as applicable |
| FieldSmart® Fiber Pedestal (FDP) (CraftSmart® Fiber Protection Pedestals, (FPP) CraftSmart FiberFirst Pedestal (CFP)) | 3 Years connectivity/1 year housings |
| YOURx® Terminals (YOURx-Terminal, YOURxAerial Terminal, YOURx Multi-Purpose Terminal, YOURx SeeChange Terminal) | 3 Years connectivity/1 year housings |
| FieldShield® Pushable Fiber and Microduct FieldShield® Drop Fiber Cables; FieldShield, FLEXdrop and Deploy Reels, FLATdrop, StrongFiber | 1 Year |
| Test Access Point (TAP), Home Deployment Kits | 3 Years connectivity/1 year housings |
| CraftSmart® Vaults and Fiber Protection Boxes | 1 Year or Manufacturer's pass through warranty |
INSTALLATION EQUIPMENT AND TOOLS
| Other Clearfield branded Install Tools | 1 Year, excluding normal wear items |
THIRD PARTY MANUFACTURED PRODUCTS AND EQUIPMENT
| Products supplied by Clearfield but not designed, branded, or manufactured by Clearfield. | Manufacturer’s pass through warranty as applicable. |
1) Normal wear items refer specifically to installation tools and components (such as cabinet keys and assist module belts and guides) which may experience wear under normal use activities.
2) “Housings” refer to plastic or sheet metals used in the fiber management or protection of the product. “Connectivity” refers to the glass fiber, cable, connectors, optical components, or terminations used in signal transmission and product function.