
Ortel, A Division of Emcore MAN-5017 Rev A
Series 5017
5
discrepancy. The device shall then be forwarded to Ortel, transportation prepaid. Devices
returned freight collect or without authorization may not be accepted.
b. Prior to repair, Ortel Sales will advise the customer of Ortel test results and will advise the
customer of any charges for repair (usually for customer caused problems or out-of-
warranty conditions).
If returned devices meet full specifications and do not require repair, or if non-warranty
repairs are not authorized by the customer, the device may be subject to a standard
evaluation charge. Customer approval for the repair and any associated costs will be the
authority to begin the repair at Ortel. Customer approval is also necessary for any removal
of certain parts, such as connectors, which may be necessary for Ortel testing or repair.
c. Repaired products are warranted for the balance of the original warranty period, or at lease
90 days from date of shipment.
3. Limitations of Liabilities
Ortel's liability on any claim of any kind, including negligence, for any loss or damage arising from,
connected with, or resulting from the purchase order, contract, or quotation, or from the
performance or breach thereof, or from the design, manufacture, sale, delivery, installation,
inspection, operation or use of any equipment covered by or furnished under this contract, shall in
no case exceed the purchase price of the device which gives rise to the claim.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, ORTEL MAKES NO WARRANTY OF ANY
KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO ANY GOODS, PARTS AND SERVICES
PROVIDED IN CONNECTION WITH THIS AGREEMENT INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. ORTEL SHALL NOT BE LIABLE FOR ANY OTHER DAMAGE INCLUDING, BUT
NOT LIMITED TO, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF
OR IN CONNECTION WITH FURNISHING OF GOODS, PARTS AND SERVICE HEREUNDER,
OR THE PERFORMANCE, USE OF, OR INABILITY TO USE THE GOODS, PARTS AND
SERVICE.
Ortel will not be responsible for loss of output or reduced output of opto-electronic devices if the
customer performs chip mounting, ribbon bonding, wire bonding, fiber coupling, fiber
connectorization, or similar operations. These processes are critical and may damage the device
or may affect the device's output or the fiber output.
Ortel test reports or data indicating mean-time-to-failure, mean-time-between-failure, or other
reliability data are design guides and are not intended to imply that individual products or samples
of products will achieve the same results. These numbers are to be used as management and
engineering tools, and are not necessarily indicative of expected field operation. These numbers
assume a mature design, good parts, and no degradation of reliability due to manufacturing
procedures and processes.
Ortel is not liable for normal laser output degradation or fiber coupling efficiency degradation over
the life of the device.