Warranty Definition

Section 5 of Airspan Networks, Inc
Purchase order terms and conditions which determines the warranty definition:

5. WARRANTY.

5.1

Airspan warrants that under normal use and service each Product will conform in all material respects to Airspan’s specifications therefore and the hardware will be free from defects in materials and faulty workmanship. The warranty period (“Warranty Period”) for new ordered Product is twelve (12) months
from its original date of Delivery. The Warranty Period for repaired or replacement Product is ninety (90) days
from its date of delivery to Purchaser or until the end of its original Warranty Period, whichever is longer.

5.2

If an item of hardware is or becomes defective during its Warranty Period, Airspan will at its option either repair or replace the item. Purchaser must return each defective item to Airspan, at an address to be advised
by Airspan, no later than thirty (30) days after the end of its Warranty Period. In making such return, Purchaser will comply with Airspan’s Return Material Authorization (RMA) procedures. Airspan will repair or replace such defective item at no additional charge to Purchaser and return the repaired or replacement item to Purchaser’s address specified in the PO. Title to each replacement item will pass to the receiving Party on payment in full
for the replacement item or, if no payment is due, on receipt by Purchaser.

5.3

During the Warranty Period, Airspan will provide to the Purchaser without charge Software maintenance releases that Airspan makes generally available for the Software feature release licensed to Purchaser.

5.4

Airspan will have no obligation to replace or repair any Product or Software that is or becomes defective if such defects were the result of:

(a) the Product or Software being altered, repaired or reworked by any party other than Airspan without Airspan’s prior written consent;

(b) Purchaser’s or a third party’s improper installation, maintenance or storage, mishandling, abuse or misuse of the Product or Software;

(c) Purchaser’s or a third party’s use of the Product or Software in conjunction with equipment electronically or mechanically incompatible or of an inferior quality;

(d) damage by fire, explosion, lightning, power failure, accident, any act of nature or other such event beyond Airspan’s control;

(e) failure to implement a Software release or patch or other such solution provided or recommended by Airspan; or

(f) failure of consumable parts which includes, but is not limited to, fuses, bulbs and batteries.

Airspan will have no obligation to replace or repair any Product or Software that is received by Airspan later than thirty (30) days after the end of its Warranty Period. Airspan does not warrant that use of the Software will be uninterrupted or error free or that all reported Software errors will be corrected.
If on inspection by Airspan of a returned item there is no fault found (NFF), Purchaser will pay Airspan’s then prevailing NFF charge and its transportation and insurance costs.
Airspan will charge Purchaser for any maintenance carried out which is not covered by the warranties contained in this Section 5 at Airspan’s then prevailing standard rates for such Services.

5.5

The warranties set forth in this Section 5 are in lieu of, and Airspan hereby disclaims, all other warranty conditions, whether express or implied, including without limitation the implied terms of satisfactory quality and fitness for a particular purpose.
The provisions of this Section 5 set forth Airspan’s entire obligation and Purchaser’s sole remedy under the warranties set forth in this Section 5.