ets-lindgren - ams-8040 antenna measurement system - nit pune

19
Table of Contents 2 of 20 AMS-8040/41 Antenna Measurement System Table of Contents 1. SOLUTION OVERVIEW ...................................................................................................................... 3 1.1 Positioner Overview ................................................................................................................ 3 1.2 Primary System Specifications ................................................................................................ 3 1.3 Setup & Calibration Services................................................................................................... 4 1.4 Customer Responsibilities ....................................................................................................... 4 2. PRICING SUMMARY ........................................................................................................................... 5 2.1 Baseline System Pricing.......................................................................................................... 5 2.2 Optional Support for Passive Antenna Measurements (AMS-8041)....................................... 5 2.3 Optional Pre-Compliant Wireless Technology Test Packages ............................................... 6 2.4 Optional Dipole Antennas (4G / LTE) ...................................................................................... 6 2.5 Software Maintenance Options ............................................................................................... 7 3. BASELINE SYSTEM CONFIGURATION ............................................................................................ 8 3.1 System Components ............................................................................................................... 8 3.2 Setup & Calibration Services................................................................................................... 9 4. PRE-COMPLIANT WIRELESS TECHNOLOGY TEST PACKAGES ............................................... 10 4.1 Cellular Test Package (Optional) .......................................................................................... 10 4.2 Wi-Fi Test Package (Optional) .............................................................................................. 10 4.3 LTE-SISO Test Package (Optional) ...................................................................................... 11 4.4 A-GPS (2G / 3G) Test Package (Optional) ........................................................................... 12 4.5 A-GPS (4G / LTE) Test Package (Optional) ......................................................................... 12 4.6 Bluetooth Test Package (Optional) ....................................................................................... 13 4.7 RSE Test Package (Optional) ............................................................................................... 13 4.8 TD-SCDMA Test Package (Optional).................................................................................... 14 5. PAYMENT TERMS & DELIVERY...................................................................................................... 15 5.1 Remittance Information ......................................................................................................... 15 5.2 Price Validity .......................................................................................................................... 15 5.3 Standard Shipping Terms...................................................................................................... 15 5.4 Estimated Delivery Schedule ................................................................................................ 15 5.5 Additional Clarifications ......................................................................................................... 16 6. TERMS AND CONDITIONS .............................................................................................................. 17 7. WARRANTY POLICY FOR RF SHIELDED ANECHOIC CHAMBERS ............................................ 20

Upload: rajarshi-bhattacharya

Post on 17-Sep-2015

240 views

Category:

Documents


10 download

DESCRIPTION

Compact Anechoic Chamber

TRANSCRIPT

  • Table of Contents 2 of 20 AMS-8040/41 Antenna Measurement System

    Table of Contents

    1. SOLUTION OVERVIEW ...................................................................................................................... 3

    1.1 Positioner Overview ................................................................................................................ 3 1.2 Primary System Specifications ................................................................................................ 3 1.3 Setup & Calibration Services ................................................................................................... 4 1.4 Customer Responsibilities ....................................................................................................... 4

    2. PRICING SUMMARY ........................................................................................................................... 5

    2.1 Baseline System Pricing .......................................................................................................... 5 2.2 Optional Support for Passive Antenna Measurements (AMS-8041) ....................................... 5 2.3 Optional Pre-Compliant Wireless Technology Test Packages ............................................... 6 2.4 Optional Dipole Antennas (4G / LTE) ...................................................................................... 6 2.5 Software Maintenance Options ............................................................................................... 7

    3. BASELINE SYSTEM CONFIGURATION ............................................................................................ 8

    3.1 System Components ............................................................................................................... 8 3.2 Setup & Calibration Services ................................................................................................... 9

    4. PRE-COMPLIANT WIRELESS TECHNOLOGY TEST PACKAGES ............................................... 10 4.1 Cellular Test Package (Optional) .......................................................................................... 10 4.2 Wi-Fi Test Package (Optional) .............................................................................................. 10 4.3 LTE-SISO Test Package (Optional) ...................................................................................... 11 4.4 A-GPS (2G / 3G) Test Package (Optional) ........................................................................... 12 4.5 A-GPS (4G / LTE) Test Package (Optional) ......................................................................... 12 4.6 Bluetooth Test Package (Optional) ....................................................................................... 13 4.7 RSE Test Package (Optional) ............................................................................................... 13 4.8 TD-SCDMA Test Package (Optional).................................................................................... 14

    5. PAYMENT TERMS & DELIVERY ...................................................................................................... 15

    5.1 Remittance Information ......................................................................................................... 15 5.2 Price Validity .......................................................................................................................... 15 5.3 Standard Shipping Terms ...................................................................................................... 15 5.4 Estimated Delivery Schedule ................................................................................................ 15 5.5 Additional Clarifications ......................................................................................................... 16

    6. TERMS AND CONDITIONS .............................................................................................................. 17 7. WARRANTY POLICY FOR RF SHIELDED ANECHOIC CHAMBERS ............................................ 20

  • Solution Overview 3 of 20 AMS-8040/41 Antenna Measurement System

    1. SOLUTION OVERVIEW

    ETS-Lindgrens AMS-8040 Antenna Measurement System is built for testing mobile handsets in free-space environment. The system is a compact, fully-anechoic RF-shielded enclosure designed specifically for antenna measurements. This over-the-air test system is ideal for wireless device measurements including: Design validation & pre-certification testing Production sample testing Desense testing Regression testing The system is an ideal solution when space is a limitation as it is a self-contained, freestanding test chamber. The systems portable chassis makes it an excellent choice for multiple research and development groups since it is designed to fit through a typical 3 x 7 personnel door and can be easily moved from one test group to another. A photo of the AMS-8040 typical configuration is provided to the right for illustrative purposes.

    1.1 Positioner Overview

    The system includes a unique light-duty 2-axis positioner to enable 3D antenna measurements. The positioner is constructed of primarily low-dielectric materials. The positioner is designed for handheld devices weighing up to 1 lb. (454g) [AMS-8041: 2.2 lbs. (998g)]. The positioner is controlled by EMQuest via Ethernet. Control signal is passed through the enclosure via fiber optics and converted to Ethernet at the control computer.

    1.2 Primary System Specifications

    AMS-8040

    Frequency Range 400 MHz to 6 GHz

    Path Length 1 meter (nominal) [AMS-8041 Option: 80 cm]

    Typical RF Isolation > 80 dB

    Weight 525 lbs. ( 238 kg) [AMS-8041 Option: 575 lbs. ( 261 kg)]

    Electrical Requirements 208/240 VAC 50-60Hz 10A NEMA 6-15 or 115/230 VAC 50-60Hz 5A NEMA 5-15

  • Solution Overview 4 of 20 AMS-8040/41 Antenna Measurement System

    1.3 Setup & Calibration Services

    Setup and Calibration Services are included to assist AMS-8040 buyers located within the continental United States (travel outside the 48 states is available at an additional cost). This onsite service covers the initial start-up and orientation to the system. It includes: Verification of five delivered RF-cable assemblies and EMQ-100 software installation Hands-on system and basic EMQ-100 software operation demonstration for up to three

    of your technical personnel Demonstration of the 2-axis positioner, DUT mounting, and control system Verification of system performance by conducting range calibration using precision

    sleeve dipole antennas (at the frequencies of the antennas ordered with the system or supplied by the Customer)

    Instruction during calibration on the creation of parameter files and their use

    This service is provided with the assumption that the Customer has staff with existing expertise in wireless measurement systems and antenna measurement. It is assumed that the personnel to be trained have a basic understanding of antenna measurement science and the use of spectrum analyzers, vector network analyzers, and universal communication testers.

    1.4 Customer Responsibilities The system (both AMS-8040 and 8041) ships fully-assembled. Upon receipt, Customer

    must uncrate the system and move it into position prior to ETS-Lindgren arriving to perform set-up and calibration services.

    Set up the computer and connect to the system using the included fiber optic cable. Connect the dedicated ground stud to a dedicated parent facility grounding point. Provide the following power within 5 feet of the location where the AMS-8040 will be

    located: 208/240 VAC 50-60Hz 10A NEMA 6-15 or 115/230 VAC 50-60Hz 5A NEMA 5-15

    Provide ETS-Lindgren Model 3126-series precision sleeve dipole antennas for range calibration; whether purchased separately or part of an optional Test Package

    Supply all RF cables to support set-up and calibration services and perform desired unless an optional Test Package is selected

    Supply all cables necessary to perform any additional testing with the following exceptions: ETS-Lindgren will supply the cables described in section 3.1 as part of the baseline

    configuration If an optional Test Package is selected , ETS-Lindgren will supply the additional

    cables required to perform the testing addressed by the selected Test Package(s) Instrumentation is not included with the baseline System. In general, the Customer may

    choose to supply instrumentation or purchase it from ETS-Lindgren Inc. If the Customer chooses to supply instrumentation, they must ensure each component includes all options necessary to support the desired testing. ETS-Lindgren can assist with identifying these options. If any instrumentation options are specifically required by the included EMQuest Software, they are identified in each Test Package.

  • Pricing Summary 5 of 20 AMS-8040/41 Antenna Measurement System

    2. PRICING SUMMARY

    2.1 Baseline System Pricing

    DESCRIPTION PRICE (USD)

    AMS-8040 Antenna Measurement System

    RF-Shielded Enclosure & Baseline Components

    Setup & Calibration Services

    TOTAL (EXCLUDING FREIGHT & SALES TAXES): $ 73,000

    ESTIMATED FREIGHT: $ TBD

    2.2 Optional Support for Passive Antenna Measurements (AMS-8041) The system can be configured to support passive antenna measurements of handheld device weighing up to 2.2 lbs. (998g) with an 80cm (in lieu of 1 meter path length). This option must be selected with the initial purchase as it includes the slightly larger test cell and other modifications described below.

    DESCRIPTION PRICE (USD)

    AMS-8041 Option including a larger test cell measuring of 6-7 x 2-10 x 3-3 (201.4cm x 87.4cm x 101.1cm) L x W x D and an additional BNC connector for triggered acquisition functionality.

    $ 20,000

  • Pricing Summary 6 of 20 AMS-8040/41 Antenna Measurement System

    2.3 Optional Pre-Compliant Wireless Technology Test Packages

    DESCRIPTION PRICE (USD)

    Cellular Test Package (Section 4.1)

    $ 60,950

    Wi-Fi Test Package (Section 4.2)

    $ 54,345

    LTE-SISO Test Package (Section 4.3)

    $ 27,100

    A-GPS (2G / 3G) Test Package (Section 4.4)

    $ 27,100

    A-GPS (4G / LTE) Test Package (Section 4.5)

    $ 27,100

    Bluetooth Test Package (Section 4.6)

    $ 54,075

    RSE Test Package (Section 4.7)

    $ 75,255

    TD-SCDMA Test Package (Section 4.8)

    $ 25,695

    2.4 Optional Dipole Antennas (4G / LTE)

    DESCRIPTION PRICE

    3126-2045 Precision Sleeve Dipole Supports LTE Bands 1, 4 (requires 3126-1850), 10 (requires 3126-1850), 15 (also requires 3126-2600), 16 (requires 3126-2600), and 34

    $ 4,995

    3126-1850 Precision Sleeve Dipole (included w/ Cellular Test Package) Supports LTE Bands 2, 3, 4 (requires 3126-2045), 9, 10 (requires 3126-2045), 25, 33, 35, 37, and 39

    $ 4,100

    3126-800 Precision Sleeve Dipole (included w/ Cellular Test Package) Supports LTE Bands 5, 6, 18, 19, and 20

    $ 4,100

    3126-2600 Precision Sleeve Dipole (included w/ TD-SCDMA Test Package) Supports LTE Bands 7, 15 (requires 3126-2045), 16 (requires 3126-2045), 38, and 41

    $ 4,995

    3126-900 Precision Sleeve Dipole Supports LTE Band 8

    $ 4,100

    3126-1550 Precision Sleeve Dipole Supports LTE Bands 11, 21, and 24

    $ 4,100

    3126-700 Precision Sleeve Dipole Supports LTE Bands 12, 13, 14, and 17

    $ 4,100

    3126-3500 Precision Sleeve Dipole Supports LTE Bands 22 and 42

    $ 5,500

  • Pricing Summary 7 of 20 AMS-8040/41 Antenna Measurement System

    DESCRIPTION PRICE

    3126-2075 Precision Sleeve Dipole Supports LTE Band 23

    $ 4,995

    3126-2300 Precision Sleeve Dipole Supports LTE Band 40

    $ 4,995

    3126-3700 Precision Sleeve Dipole Supports LTE Band 43

    $ 4,995

    2.5 Software Maintenance Options The EMQuest software license provided with the AMS-8040 is for a single PC installation of EMQuest EMQ-100 Antenna Measurement Software. The initial license is valid for a period of one (1) year in accordance with the license terms and conditions. Annual (12 month) maintenance and support for the software license, including any software options that have been purchased, is available at an additional cost. Buyers of the AMS-8040 system may elect to extend their software maintenance and support to a full 24 or 36 months at an additional cost. Prices for upgrades to 24 or 36 months are shown below. During the term of an Annual Maintenance Agreement, ETS-Lindgren will provide the following: Software upgrades for product version updates, as they become available Service packs (software patches), as they become available Customer assistance including topics such as general usage of the software product.

    Assistance is also provided for identifying, verifying and resolving problems in the software product that cause the software product to fail to operate as described in the program documentation

    Updates to the software product reference manuals and application notes, technical notes and other related product information

    Notification of the availability of upgrades and new release versions

    DESCRIPTION PRICE

    EMQuest Software License Maintenance

    24 months of maintenance and support for one (1) EMQuest EMQ-100 Antenna Measurement Software license

    $ 9,975

    24 months of maintenance and support for each EMQuest optional driver (e.g. part number 397xxx)

    $ 1,025

    36 months of maintenance and support for one (1) EMQuest EMQ-100 Antenna Measurement Software license

    $ 14,175

    36 months of maintenance and support for each EMQuest optional driver (e.g. part number 397xxx)

    $ 1,540

    TOTAL price excludes freight and sales taxes. All pricing is subject to the attached Terms and Conditions. A Purchase order may only be issued on a Final/Firm Fixed Proposal.

  • Detailed System Configuration 8 of 20 AMS-8040/41 Antenna Measurement System

    3. BASELINE SYSTEM CONFIGURATION

    3.1 System Components

    MODEL NO DESCRIPTION QTY

    RF-shielding & Anechoic Absorber

    RF-shielded enclosure with nominal external dimensions of 6-4 x 2-5 x 2-10 (194.3cm x 74.9cm x 86.4cm) L x W x D

    1

    Tapered polyurethane wedge absorber on the side walls and pyramidal absorber on the floor and ceiling. FlexSorb coating for long-term durability

    1 Lot

    RF-Shielded Door

    Single-leaf dual-latching manual RF-shielded door with a nominal clear opening of 19 x 19 (48.3 cm x 48.3 cm)

    1

    Positioning & Switching Equipment

    Integrated 2-Axis Positioner 1

    7000-001 EMCenter Modular RF Platform including: 1

    7001-002 EMSwitch RF Switch Plug-in Cards 4 x SPDT 1

    Antennas & Mounting

    Integrated communication antennas 2

    Dual-Polarized Dual-Vivaldi (400 MHz to 6 GHz) 1

    Note: One or more Precision-Sleeve Dipole Antennas are required for range calibration. Dipoles are included with the optional Test Packages however, if no package is selected, a dipole must be purchased or provided by the Customer

    Integrated dipole mounting bracket located inside door for easy access 1

    Connector Panel

    Connector Panel including: 1 Lot

    Two (2) ST connectors Two (2) SMA connectors Three (3) N-type connectors

    RF-Cabling

    Fiber optic control cable between the control computer and positioner (includes fiber optic to Ethernet converter)

    1

    RF cables to support the DPDV (both polarizations), two communication antennas, and range calibration

    5

  • Detailed System Configuration 9 of 20 AMS-8040/41 Antenna Measurement System

    Software & Computer

    EMQ-100 EMQuest Antenna Measurement Software License Note: Three (3) developed drivers are included with this license and must be selected at time of order.

    1

    111069 Workstation Control Computer including a Quad Core Processor, National Instruments GPIB Controller, Microsoft Windows 7 Pro, Microsoft Office Home and Business 2010, and 24 Widescreen LCD Display

    1

    3.2 Setup & Calibration Services

    MODEL NO DESCRIPTION QTY

    Baseline System Setup

    Two (2) days on-site setup and training of personnel on AMS-8040 general operating instructions. See Section 3.4 for details.

    1 Lot

  • Wireless Test Packages 10 of 20 AMS-8040/41 Antenna Measurement System

    4. PRE-COMPLIANT WIRELESS TECHNOLOGY TEST PACKAGES

    4.1 Cellular Test Package (Optional)

    MODEL NO DESCRIPTION QTY

    Antennas

    3126-800 Precision Sleeve Dipole 800 to 900 MHz 1

    3126-900 Precision Sleeve Dipole 800 to 1000 MHz 1

    3126-1850 Precision Sleeve Dipole 1700 to 2000 MHz 1

    3126-2150 Precision Sleeve Dipole 2000 to 2300 MHz 1

    Software

    EMQuest EMQ-100 Drivers for Cellular testing including GSM, GPRS/EGPRS, CDMA 2k/1xRTT, 1xEVDO, WCDMA, HSUPA/HSPA+, and HSDPA. Note: Refer to Driver Selection Form for specific part numbers and supported communication instrumentation

    7

    RF-Cables & Integration Components

    113336 RF-cabling for integration of Cellular Package Components Note: Instrumentation not included with this package

    1 Lot

    Integration

    Integration of the components in this package and orientation of lab personnel to the use of EMQuest EMQ-100 Software for Cellular Testing

    1

    4.2 Wi-Fi Test Package (Optional)

    MODEL NO DESCRIPTION QTY

    Antennas

    3126-2500 Precision Sleeve Dipole 2350 to 2650 MHz Note: Includes standard calibration from 2250 2750 MHz with symmetry being less than 0.2 dB from 2312 2687 MHz

    1

    3126-5500 Precision Sleeve Dipole 5400 to 5600 MHz Note: Includes standard calibration from 5000 6000 MHz with symmetry being less than 0.2 dB from 5400 5600 MHz

    1

    Software

    Driver for Wi-Fi Communication Tester. Currently available for: Anritsu MT8860C (P/N 397057) 802.11 a/b/g Rhode & Schwarz CMW500 (P/N 397099) 802.11 a/b/g/n

    1

    RF-Cables & Integration Components

    113336 RF-cabling for integration of Wi-Fi Package Components Note: Instrumentation not included with this package

    1 Lot

  • Wireless Test Packages 11 of 20 AMS-8040/41 Antenna Measurement System

    MODEL NO DESCRIPTION QTY

    Dynamic Range Extender

    115195 Dynamic Range Extender for: Anritsu MT8860C / CMW-500

    1

    Integration

    Integration of the components in this package and orientation of lab personnel to the use of EMQuest EMQ-100 Software for Wi-Fi Testing

    1

    4.3 LTE-SISO Test Package (Optional)

    MODEL NO DESCRIPTION QTY

    Antennas

    3126-700 Precision Sleeve Dipole 690 to 800 MHz 1

    Software

    EMQ-109 EMQuest LTE-SISO Expansion Package to support TRP/TIS and throughput testing. Currently available for: Rhode & Schwarz CMW500 (P/N 397067 FDD) Rhode & Schwarz CMW500 (P/N 397100 TDD)

    Note: If Customer supplies CMW-500, LTE-FDD requires options KM500 and KS510 while LTE-TDD requires options KM550 and KS550. If Customer selects both FDD and TDD functionality, the price for one additional developed driver is added to EMQ-109.

    Anritsu MT8820C (P/N 397068)

    1

    RF-Cables & Integration Components

    113336 RF-cabling for integration of LTE Package Components Note: Instrumentation not included with this package

    1 Lot

    Integration

    Integration of the components in this package and orientation of lab personnel on the use of EMQuest EMQ-100 Software for LTE testing

    1 Lot

  • Wireless Test Packages 12 of 20 AMS-8040/41 Antenna Measurement System

    4.4 A-GPS (2G / 3G) Test Package (Optional)

    MODEL NO DESCRIPTION QTY

    Antennas

    3126-1575 Precision Sleeve Dipole for range calibration 1425 to 1725 MHz 1

    Software

    EMQ-106 EMQuest A-GPS Expansion Package. Currently available for: Spirent ULTS/PLTS (P/N 397054) Rohde & Schwarz CMU-200/SMU A-GPS Tester (P/N 397075) Note: Currently, the R&S A-GPS solution only functions with Windows XP operating systems. Selecting 397075 requires driver P/Ns 397009, 397011, or 397014 and the CMU-200 K90 option.

    1 Lot

    RF-Cables & Integration Components

    113336 RF-cabling for integration of A-GPS (2G / 3G) Package Components Note: Instrumentation not included with this package

    1 Lot

    Integration

    Integration of the components in this package and orientation of lab personnel to the use of EMQuest EMQ-100 Software for A-GPS (2G / 3G) Testing

    1

    4.5 A-GPS (4G / LTE) Test Package (Optional)

    MODEL NO DESCRIPTION QTY

    Antennas

    3126-1575 Precision Sleeve Dipole for range calibration 1425 to 1725 MHz 1

    Software

    EMQ-111 EMQuest LTE A-GPS Expansion Package. Currently available for: Spirent 8100-B750-OTA-HW-01 (P/N 397104)

    1

    RF-Cables & Integration Components

    113336 RF-cabling for integration of A-GPS (4G / LTE) Package Components Note: Instrumentation not included with this package

    1 Lot

    Integration

    Integration of the components in this package and orientation of lab personnel to the use of EMQuest EMQ-100 Software for A-GPS (4G LTE) Testing

    1

  • Wireless Test Packages 13 of 20 AMS-8040/41 Antenna Measurement System

    4.6 Bluetooth Test Package (Optional)

    MODEL NO DESCRIPTION QTY

    Antennas

    3126-2400 Precision Sleeve Dipole 2250 to 2550 MHz 1

    Software

    397090 Driver for Agilent N4010A Wireless Connectivity Test Set 1

    RF-Cables & Integration Components

    113336 RF-cabling for integration of Bluetooth Package Components Note: Instrumentation not included with this package

    1 Lot

    Miscellaneous

    115195 Dynamic Range Extender 1

    118281 Amplifier for Bluetooth Testing

    Integration

    Integration of the components in this package and orientation of lab personnel to the use of EMQuest EMQ-100 Software for Bluetooth Testing

    1

    4.7 RSE Test Package (Optional)

    MODEL NO DESCRIPTION QTY

    Software

    EMQ-107 EMQuest Radiated Spurious Emissions (RSE) Expansion Package 1

    RF-Cables & Integration Components

    113336 RF-cabling for integration of RSE Package Components Note: Instrumentation not included with this package

    1 Lot

    Switch Control Platform

    7000-001 ETS-Lindgren EMCenter Modular RF Platform 1

    7001-002 EMSwitch RF Switch Plug-in Cards 4xSPDT 3

    7001-003 EMSwitch RF Switch Plug-in Cards 2xSP6T 2

    Filters & Preamp

    114991 Filter Matrix with ten (10) high-pass filters and preamplifier (3U rack height)

    1

    Integration

    Integration of the components in this package and orientation of lab personnel on the use of EMQuest EMQ-100 Software for RSE testing

    1

  • Wireless Test Packages 14 of 20 AMS-8040/41 Antenna Measurement System

    4.8 TD-SCDMA Test Package (Optional)

    MODEL NO DESCRIPTION QTY

    Antennas

    3126-1925 Precision Sleeve Dipole 1775 to 2075 MHz 1

    3126-2600 Precision Sleeve Dipole 2450 to 2750 MHz 1

    Software

    TD-SCDMA Driver. Currently available for: Agilent 8960 (P/N 397064) Anritsu MT8820C (P/N 397082) Starpoint SP6010 Communication Test Set (P/N 397049)

    1

    RF-Cables & Integration Components

    113336 RF-cabling for integration of TD-SCDMA Package Components Note: Instrumentation not included with this package

    1 Lot

    Performance Testing & Integration

    Integration of the components in this package and orientation of lab personnel on the use of EMQuest EMQ-100 Software for TD-SCDMA OTA test

    1

  • Payment Terms & Delivery 15 of 20 AMS-8040/41 Antenna Measurement System

    5. PAYMENT TERMS & DELIVERY

    Upon receipt and acceptance of a purchase order, a down payment amounting to 25% of the Total Price is required. Remaining billable line items will consist of the following milestone events: 1) Shipment of the AMS-8040 2) Setup & Calibration 3) Orientation / Training Upon receipt and acceptance of a Purchase Order, ETS-Lindgren will provide Order Verification, outlining exactly what has been purchased and the values of each of the milestone events listed above. All payments, excluding the down payment, are due thirty (30) days from the date of invoice. At any time, ETS-Lindgren may change these credit terms based upon buyers financial condition. A written Purchase Order must be received, reviewed and accepted by ETS-Lindgren Inc. before commencement of any work related to this proposal. Purchase Orders can be mailed to ETS-Lindgren Inc., 1301 Arrow Point Drive, Cedar Park, TX 78613, faxed to the ETS-Lindgren Inc. Proposals Department at (512) 531-6500 or emailed to [email protected]. 5.1 Remittance Information

    Payment by Check (Mail)

    ETS-Lindgren Inc. P. O. Box 841147 Kansas City, MO 64184-1147

    Payment by Check (Overnight Courier)

    Commerce Bank 811 Main KC LBX - 841147 Kansas City, MO 64105 Phone: 1-800-207-0886

    Payment by Wire Transfer (US Dollars)

    Bank: Commerce Bank ABA: 101000019 Account: 208012547 Account Name: ETS-Lindgren Inc.

    5.2 Price Validity Sixty (60) days from the date of this proposal

    5.3 Standard Shipping Terms Ex Works (INCOTERMS 2000) Factories Antenna Measurement System from Cedar Park, Texas

    5.4 Estimated Delivery Schedule Eight (8) to Ten (10) weeks (excluding holidays) after receipt and acceptance of a purchase order

  • Payment Terms & Delivery 16 of 20 AMS-8040/41 Antenna Measurement System

    5.5 Additional Clarifications Proposal does not include design reviews at the Clients location or as-built drawings. Pricing is based on utilizing ETS-Lindgren non-union labor (open shop) onsite. Price excludes any applicable sales taxes, freight, performance bonds, permits or fees relating

    to permits, plan checks, customs or other fees unless stated otherwise. The proposed equipment does not include ISO 17025 calibration. If Client intends to seek

    accreditation, this calibration can be added at an additional cost. ETS-Lindgren Inc. shall not be obligated to accept or proceed under any proposed contract

    resulting from this proposal prior to review and full acceptance of terms and conditions, if such terms and conditions were not provided with a Request for Proposal (RFP).

    This proposal represents ETS-Lindgrens current design concept for the contemplated effort. ETS-Lindgren reserves the right to 1) change design concepts to utilize the most current technology available at the time of design finalization and 2) to substitute components or parts that are equivalent or better in performance to those specified in this offer.

    This proposal, as drafted is all-inclusive. No prior verbal or written agreements are to be assumed included in this proposal unless identified in writing and incorporated by reference.

    ETS-Lindgren reserves the right to publicize information about the completed chamber when no non-disclosure agreement (NDA) is in place.

  • Terms and Conditions 17 of 20 AMS-8040/41 Antenna Measurement System

    6. TERMS AND CONDITIONS 1) Definitions: Products means all materials, goods, or work to be provided to Buyer by Seller, regardless of type

    (including chambers and shielding). Seller means ETS-LINDGREN INC., an Illinois corporation, or its affiliated entity by or through which the Products are sold to Buyer. Buyer means the person or company purchasing Sellers Products. Contract means the document or documents together constituting the contract between Seller and Buyer for the sale, purchase and installation of the Products, and includes these Terms and Conditions.

    2) Applicability: These Terms and Conditions apply to all sales of Products by Seller. Buyer's order shall be deemed to incorporate, without exception, all the terms and conditions hereof notwithstanding any order form of Buyer containing additional or contrary terms or conditions. Although Buyer may submit purchase orders or other documents on Buyers forms, Buyer expressly agrees that Sellers acceptance of such forms is solely for Buyers convenience and that any different or additional terms or conditions set forth on any purchase order or other document submitted by Buyer shall not apply and shall be void and of no effect. No acknowledgment by Seller of, or reference by Seller to, or performance by Seller under, any purchase order or other document of Buyer shall be deemed an acceptance by Seller of any term or condition which is additional to or different from these Terms and Conditions unless such additional or differing term or condition is set forth in a document generated by Seller or expressly agreed to by Seller in writing. In no event will Seller accept or be deemed to accept any conditions or requirements that are in violation of the U.S. restrictive trade practices or antiboycott laws or regulations.

    3) Taxes: The prices stated herein are in U.S. Dollars and do not include any federal, state, or local sales, use, excise, gross receipts, import, export, transport, value-added or other taxes unless so stated specifically in writing. Any applicable exemptions to the above taxes must be made available to Seller prior to invoicing or such taxes will be charged for the state of destination. Any exemption certificates must correlate with the state of destination. Such taxes will be added to invoice prices in those instances in which Seller is required to collect them from Buyer; provided, however, that if Seller does not collect any such taxes and is later asked by or required to pay such to any taxing authority, Buyer will make such payment to Seller or, if requested by Seller, directly to such taxing authority.

    4) Price Adjustments: At Seller's option, prices may be adjusted to reflect any increase in Sellers costs resulting from state, federal or local legislation, or any change in the rate charge or classification of any carrier. Notwithstanding the prices agreed upon, if prior to delivery, Sellers costs for copper, aluminum, ferrites, and/or steel (the Primary Material Components) increase more than 10% as compared to the prices of such Primary Material Components as of the Contract date, Seller may pass on any such cost increases in excess of 10% to Buyer, provided that Seller notifies Buyer in advance of such price increases. Buyer acknowledges that the Primary Material Components represent approximately 20% of the price of the Products. In the event Buyer delays or causes the delay of shipment of any Products, the price for such Products shall be subject to increase to reflect the Seller's prices in effect for such Products at the time of the delayed delivery and to reflect Seller's increased costs resulting from such delay.

    5) Payment Terms: Unless otherwise specified by Seller in the Contract, Products shall be invoiced as of the date of shipment, and payment shall be due net 30 days. Seller may, in additional to any other remedy available under applicable law, charge Buyer interest on any amounts not paid when due at a rate equal to the lesser of one and one-half percent (1%) per month or the maximum interest rate allowable under applicable law, and Buyer shall be responsible and liable for all expenses incurred by Seller in collection, including reasonable attorneys' fees.

    6) Buyer's Financial Responsibility; Rights of Seller: Notwithstanding stated payment terms, if Seller shall at any time doubt Buyer's financial responsibility, Seller may demand adequate assurance of due performance or decline to make any further shipments except upon receipt of cash payment in advance or security. If Seller demands adequate assurance of due performance and the same is not forthcoming within 10 days after the date of Seller's demand, Seller may, at its option, (i) continue to defer further shipments under this order and/or any other order from Buyer which has been accepted by Seller until adequate assurance is received, or (ii) cancel this order and/or any other orders from Buyer which have been accepted by Seller and recover damages. If Buyer fails in any way to fulfill these Terms and Conditions or any other provision of the Contract, Seller may defer further shipments until such default is corrected or cancel the order and recover damages.

    7) Security Interest: Buyer hereby grants Seller a security interest in the Products, and all proceeds thereof and accessions thereto, to secure payment of the purchase price for the Products and all other charges and costs for which Buyer is responsible hereunder. At Seller's direction, Buyer shall, from time to time, do all acts necessary or reasonable to protect Seller's security interest herein created and Buyer shall execute and deliver to Seller all Uniform Commercial Code Financing Statements which Seller may deem necessary to protect its rights and interests as set forth herein. Buyer hereby irrevocably constitutes and appoints Seller as its true and lawful attorney-in-fact, in its name, place and stead, to execute, deliver, acknowledge, file or record any and all such Uniform Commercial Code Financing and Continuation Statements. The grant of the foregoing power of attorney is coupled with an interest and shall not be revocable by Buyer until all payments due hereunder (including deferred payments whether evidenced by notes or otherwise) shall have been made in cash. Seller shall have the remedies of a secured party under the Uniform Commercial Code in force in the State of Texas.

    8) Delivery Dates; Shipment Terms: All delivery dates are approximate, and Seller shall not be responsible for any damages of any kind resulting from any delay. If shipment terms are specified with reference to Incoterms 2010 (or any earlier version) the parties responsibilities shall be determined in accordance with such Incoterms except to the extent the parties may otherwise agree. Otherwise, except to the extent the parties may otherwise agree, (a) Seller may choose the carrier and means of delivery and arrange for transportation and insurance; (b) all transportation and

  • Terms and Conditions 18 of 20 AMS-8040/41 Antenna Measurement System

    insurance costs will be paid by Buyer; (c) title to the Products and risk of loss or damage thereto shall pass to Buyer upon tender to the carrier at Sellers factory or warehouse, provided that if delivery is made by Seller's vehicles title and risk of loss or damage shall pass to Buyer upon delivery to Buyer's premises; (d) Buyer may choose the freight forwarder and customs broker, subject to Sellers disapproval; and (e) Buyer shall be responsible for filing all claims with the carrier. No deferment of shipment at Buyer's request will be made except on terms that indemnify Seller against all loss and additional expense, including but not limited to handling, storage and insurance charges.

    9) Export: If the Products are to be exported, this order is subject to Seller's ability to obtain export licenses and other necessary papers within a reasonable period. Buyer will be responsible for all export and import charges and consular and customs declarations and will be responsible for penalties resulting from errors or omissions thereon. Buyer agrees that it shall not re-export the Products or any goods or items which incorporate the Products if the re-export would violate United States export laws or the laws of any other country from which they are re-exported.

    10) Warranty: Seller warrants the Products as set forth in its Limited Product Warranty applicable to such Products in effect at the time of sale, which is incorporated into these Terms and Conditions and which, if not attached to the Contract documents, is available separately upon request. Buyer agrees that Seller may revise its form of warranty from time to time after the Contract date by providing a copy of the revised warranty to Buyer or by posting it on Sellers website.

    11) Claims: Buyer shall promptly inspect all Products upon delivery. No claims for shortages will be allowed unless shortages are reported to Seller, in writing, within 10 days after delivery. No other claims against Seller will be allowed unless asserted in writing within 30 days after delivery (or assembly if the Products are to be assembled by Seller) or, in the case of an alleged breach of warranty, within the warranty period as defined in the applicable Limited Product Warranty.

    12) LIMITATION OF LIABILITY: IN NO EVENT SHALL SELLER BE LIABLE TO BUYER FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR AS THE RESULT OF, THE SALE, DELIVERY, NON-DELIVERY, SERVICING, ASSEMBLY, USE, LOSS OF USE OR FAILURE OF THE PRODUCTS OR ANY PART THEREOF, OR FOR ANY CHARGES OR EXPENSES OF ANY NATURE INCURRED WITHOUT SELLER'S PRIOR WRITTEN CONSENT, EVEN IF SELLER MAY HAVE BEEN NEGLIGENT. IN NO EVENT SHALL SELLER'S LIABILITY UNDER ANY CLAIM MADE BY BUYER EXCEED THE PURCHASE PRICE OF THE PRODUCTS IN RESPECT OF WHICH DAMAGES ARE CLAIMED.

    13) Excuse of Performance: Seller shall not be liable for any default or delay in performance caused, directly or indirectly, by acts of God; war, terrorism, sabotage, riot, insurrection or civil commotion; force of arms; fire, flood, severe weather, or natural disaster; strikes, labor disputes, picketing or other labor controversies; explosion; accidents; any governmental action, prohibition or regulation; delay or unavailability of transportation facilities; shortage or breakdown of or inability to obtain or non-arrival of any labor, material or equipment used in the manufacture of the Products; failure of any party to perform any contract with Seller relative to the production of the Products; or from any other cause which is beyond Seller's control, whether or not such cause be similar or dissimilar to those enumerated. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay.

    14) Loss to Buyer's Property; Patent, Trademark, or Copyright Infringement: Seller shall not be liable for, and shall have no duty to provide insurance against, any damage or loss to any goods or materials of Buyer which are used by Seller in connection with this order. Where any Product is manufactured from patterns, plans, drawings, or specifications furnished by Buyer, Buyer shall defend, indemnify Seller against, and save Seller harmless from, all loss, damage, and expense arising out of any suit or claim against Seller for infringement of any patent, trademark, or copyright because of Seller's manufacture of such Product or because of the use or sale of such Product by any person. Upon Seller's request, Buyer shall, at Buyer's sole cost and expense, retain counsel reasonably acceptable to Seller to appear on Seller's behalf and assume the defense of any litigation arising out of any such claim.

    15) Seller's Specifications, Technical Data: Any specifications, drawings, plans, notes, instructions, engineering notices, or technical data of Seller furnished to Buyer shall be deemed to be incorporated herein by reference the same as if fully set forth. Seller shall at all times retain title to all such documents, and Buyer agrees to keep such information and documents in confidence and not to disclose such to any party other than Seller or a party duly authorized by Seller.

    16) Site Conditions: Buyer shall be responsible for the structural integrity and the clean, asbestos-free and safe status of the work area and structure in which Seller will perform any services and deliver or install any Products. Some installation may involve welding or the use of materials, in which case Buyer shall provide adequate ventilation and assure that the project area is free and clear of debris, dirt and obstruction. Buyer shall provide at its expense, temporary lighting and power for the operation of hand tools and welding equipment, if necessary, and an accessible dumpster for the disposal of debris. Seller shall clean up any materials, debris or obstructions created by Seller. Installation of the Products by Seller is based upon Seller's access close to the site and the perimeter of the project site, together with an adequate amount of weather-tight storage space on the project site. If Buyer is not ready to accept delivery of the Products on the date the Products are to be ready, Buyer shall give Seller sufficient notice of a local point where delivery will be accepted, or the material may be stored, within or without the Seller's factory at Buyer's risk and expense. Buyer shall reimburse Seller for all costs incurred due to extra handling and storage. Any such delay in acceptance shall not delay any agreed-to invoicing or payment schedule.

    17) Cancellations: After acceptance by Seller, orders shall not be subject to cancellation by Buyer, and Products may not be returned by Buyer, except with Seller's written consent (and at Seller's sole and absolute discretion) and upon

  • Terms and Conditions 19 of 20 AMS-8040/41 Antenna Measurement System

    terms that will indemnify Seller against all direct, incidental and consequential loss or damage including but not limited to: direct costs; overhead and other costs which are allocable or apportionable under reasonable accounting practices to the order; storage fees; handling and transportation costs; material or personnel expenses of Seller; and lost profits.

    18) Limitation on Assignment: Neither party may assign any of its rights or obligations hereunder without the prior written consent of the other except that Seller shall have the right without Buyers consent to (a) subcontract any portion of its obligations to any party, or (b) assign all its rights and obligations to any entity with which it is affiliated, into which it shall be merged, with which it shall be consolidated, or by which it, or all or substantially all of its assets, shall be acquired.

    19) Product Notices and Instructions: Buyer shall provide all users of the Products (including its employees) with all Seller supplied product notices, warnings, instructions, recommendations, and similar materials, and shall indemnify Seller against any loss or damages (including attorneys fees) incurred or suffered by Seller as a result of such failure.

    20) Equal Opportunity Clause: This Section applies only in the event that the Products are to be used in whole or in part for the performance of government contracts and where the dollar value of said Products exceeds, or may in any one year exceed, $10,000: a) In connection with the performance of work under this Contract, Seller agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The aforesaid provision shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Seller agrees to post hereafter in conspicuous places, available for employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The provisions of the Equal Opportunity Clause, as promulgated by Executive Order 11246 dated September 24, 1965, as amended, are incorporated herein by reference. b) The following provisions regarding equal opportunity, and all applicable laws, rules, regulations, and executive orders specifically related thereto, including applicable provisions from the Federal Acquisition Regulations, and supplements thereto, are applicable hereto, to the extent that the minimum monetary amounts under such regulations have been satisfied: 41 CFR 60-1.4, Equal opportunity clause; 41 CFR 60-1.7, Reports and other required information; 41 CFR 60-1.8, Segregated facilities; 41 CFR 60-250.4, Affirmative action clause (Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era); 41 CFR 60-741.4, Affirmative action clause (Affirmative Action for Handicapped Workers).

    21) Other Rights or Remedies: Except as otherwise provided herein, any rights or remedies granted hereunder to either party shall be in addition to, and not in lieu of, any other rights or remedies of such party at law or in equity.

    22) Severability: In the event that any provision hereof shall violate any applicable statute, ordinance, or rule of law, such provision shall be ineffective to the extent of such violation without invalidating any other provision hereof.

    23) Electronic Signatures: The Contract documents and any amendment, waiver or notice related thereto may be executed in counterparts and may be executed and delivered solely by electronic means, including but not limited to facsimile or electronic mail (e.g. in PDF format), and when so executed and delivered shall be valid whether or not followed by the delivery of manually signed originals.

    24) Governing Law; Arbitration; Venue: The rights and remedies of the parties under these Terms and Conditions or otherwise with respect to the Contract or the Products shall be governed by and construed in accordance with the laws of the State of Texas (without regard to principles of conflicts of laws). Any dispute arising under these Terms and Conditions or otherwise with respect to the Contract or the Products shall be settled in Travis County, Texas by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Judgment upon the award rendered by the Arbitrator may be entered in either the District Courts for Travis County, Texas or the Federal District Court for the Western District of Texas. The parties hereby agree that the sole proper jurisdiction and venue for any disputes not subject to arbitration hereunder shall be either the District Courts for Travis County, Texas or the Federal District Court for the Western District of Texas. Buyer hereby consents to such venue and to the personal jurisdiction of such courts and hereby waives the right to demand a jury trial in any such action. For such purpose, Buyer, if not located in the State of Texas, irrevocably appoints the Secretary of State of Texas as its agent for receipt of service of process or notices. Any arbitration or other action based upon breach of the Contract or upon any other claim arising out of this sale (other than an action by Seller for any amount due to Seller by Buyer) must be commenced within one year from the date of the tender of delivery by Seller or, in the case of a cause of action based upon an alleged breach of warranty, within the period of time specified in the applicable Limited Product Warranty.

    25) Legal Fees: In the event of any litigation or other proceeding arising herefrom, Seller shall be entitled to recover from Buyer all reasonable attorneys' fees, costs and expenses incurred by Seller in enforcing any of Seller's other rights hereunder.

    26) Waiver: Waiver by Seller of any default or breach of these Terms and Conditions or the other Contract documents shall not be construed as a waiver of any other or continuing breach; and failure to exercise any right arising from any default or breach shall not be deemed a waiver of such right, which may be exercised at any subsequent time.

  • Warranty Policy 20 of 20 AMS-8040/41 Antenna Measurement System

    7. WARRANTY POLICY FOR RF SHIELDED ANECHOIC CHAMBERS

    SCOPE AND DURATION ETS-Lindgren Inc. (Seller) warrants to the purchaser (Buyer) of its Products (as described in the applicable Contract for sale of the Products to Buyer) that the Products (1) will be free from defects in materials and workmanship, and (2) will conform to Sellers applicable product descriptions and specifications, if any, contained in or attached to Sellers Quotation or Proposal. If no product descriptions or specifications are contained in or attached to the Quotation or Proposal, Sellers standard descriptions and specifications for such Products in effect on the date of shipment shall apply. If a Product involves testing, the criteria for all testing shall be Sellers applicable product specifications utilizing factory-specified calibration and test procedures and instruments. Seller also warrants to Buyer that title to the products will be delivered free of any and all claims, demands, liens or encumbrances. All product warranties, except the warranty of title, and all remedies for breach of warranty are limited in time as shown in the table below. Anechoic Chamber Performance 5 Years Antennas 2 Years Cables & Connectors 1 Year CCTV 2 Years Custom Equipment 1 Year Doors & Accessories 1 Year Field Probes 3 Years Filters 1 Year Positioning Equipment 2 Years Telescoping Sprinkler Assemblies 1 Year Any product or component part furnished to Buyer during the warranty period to remedy a breach of warranty shall be warranted only to the extent of the unexpired term of the warranty applicable to the repaired or replaced product. The warranty period shall commence on the date the product is delivered to Buyer; however, if Seller assembles the product, or provides technical direction of such assembly, or if the product is a component of a larger product or system, then the warranty period for such product shall commence on the date the assembly of the product or system is complete. Notwithstanding the foregoing, in the event that the assembly is delayed for a total of thirty (30) days or more from the date of delivery for any reason or reasons for which Seller is not responsible, the warranty period for such product may, at Sellers option, commence on the thirtieth (30th) day from the date such product is delivered to Buyer. CLAIMS No claim for breach of warranty will be allowed unless asserted in writing promptly after discovery of the breach, and in any event within the applicable warranty period. No warranty claim will be allowed unless and until Buyer has paid in full all charges then owing to Seller. EXCLUSIONS The foregoing warranties are exclusive and in lieu of all other warranties, whether written, oral, express, implied, or statutory. EXCEPT AS EXPRESSLY STATED ABOVE, SELLER MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, WITH RESPECT TO THE PRODUCTS, OR ANY PARTS OR LABOR FURNISHED DURING THE SALE, DELIVERY OR SERVICING OF THE PRODUCTS. Sellers warranty does not cover any defect or performance deficiency (including failure to conform to product descriptions or specifications) which results, in whole or in part, from (1) storage or handling of the product by Buyer, its employees, agents, or contractors which is negligent or is not in accordance with Sellers instructions or recommendations, (2) failure of Buyer to prepare the site and to provide an operating environmental condition in compliance with any applicable instructions or recommendations of Seller, (3) absence of any product, component, or accessory recommended by Seller but omitted at Buyers direction, (4) any design, specification, or instruction furnished by Buyer, its employees, agents or contractors and not expressly agreed to in writing by Seller, (5) any alteration of the product by persons other than Seller, (6) combining Sellers product with any product furnished by others, (7) combining incompatible products of Seller, (8) interference with the radio frequency fields due to conditions or causes outside the product as furnished by Seller, (9) improper or extraordinary use of the product,

    or failure any alteration of the product by persons other than Seller, (6) combining Sellers product with any product furnished by others, (7) combining incompatible products of Seller, (8) interference to comply with Sellers operating instructions or recommendations, or (10) acts of God, acts of civil or military authority, fires, floods, strikes or other labor disturbances, war, riot, or any other causes beyond the reasonable control of Seller. This warranty does not cover (A) contact fingers or replacements unless loss is caused by a defect in material or manufacturing workmanship otherwise within the scope of this warranty, or (B) removal and reconstruction of walls, partitions, ceilings and other facility costs arising from repair or replacement of the product or parts thereof by Seller under the warranty. Seller does not warrant products of others which are not included in Sellers published price lists for shielding products and systems supplies and accessories. BUYERS REMEDIES Sellers sole liability for any breach of warranty shall be, at Sellers option, to repair or replace, or to refund the purchase price of, the defective or nonconforming product or part or parts thereof. Warranty service during the applicable warranty period will be performed without charge to Buyer only within the contiguous 48 United States during Sellers normal business hours. Subject to the availability of personnel, after-hours service is available upon request at an additional charge. For service outside the contiguous 48 United States, travel and per diem expenses, when required, shall be the responsibility of the Buyer. Any services performed after the warranty period will be at Sellers prevailing service rates. The remedies set forth herein are conditioned upon Buyer promptly notifying Seller within the applicable warranty period of any defect or nonconformance and making the product available for correction. Written authorization must be obtained from Seller prior to the return of any product for any reason, including for repair, replacement or credit. Buyer must pay all freight charges for the return of any product as well as for shipment of any replacement product to Buyer. The preceding paragraphs set forth Buyers exclusive remedies and Sellers sole liability for claims based on failure of the products to meet any warranty, whether the claim is in contract, warranty, tort (including negligence and strict liability) or otherwise, and however instituted, and, upon the expiration of the applicable warranty period, all such liability shall terminate. IN NO EVENT SHALL SELLER BE LIABLE TO BUYER FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF, OR AS A RESULT OF, THE SALE, DELIVERY, NON-DELIVERY, SERVICING, ASSEMBLING, USE OR LOSS OF USE OF THE PRODUCTS OR ANY PART THEREOF, OR FOR ANY CHARGES OR EXPENSES OF ANY NATURE INCURRED WITHOUT SELLERS WRITTEN CONSENT DESPITE ANY NEGLIGENCE ON BEHALF OF THE SELLER AND REGARDLESS OF WHETHER SUCH DAMAGES ARE FORESEEABLE. IN NO EVENT SHALL THE TOTAL AMOUNT OF SELLERS LIABILITIES UNDER THIS WARRANTY AND ANY OTHER CLAIM BY BUYER EXCEED THE PURCHASE PRICE OF THE PRODUCT IN RESPECT OF WHICH DAMAGES ARE CLAIMED. BUYER UNDERSTANDS AND ACKNOWLEDGES THAT THE FOREGOING EXCLUSIONS AND LIMITATIONS ARE AN ESSENTIAL BASIS OF SELLERS BARGAIN WITHOUT WHICH SELLER WOULD NOT BE WILLING TO MAKE THE PRODUCTS AVAILABLE TO BUYER. All matters relating to Sellers warranties shall be construed in accordance with laws of the State of Texas. In the event that any provision hereof shall violate any applicable statute, ordinance, or rule of law, such provision shall be ineffective to the extent of such violation without invalidating any other provision hereof. Any controversy or claim arising out of or relating to Sellers warranties shall be settled in Austin, Texas by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Any such arbitration proceeding must be commenced within one year after the date on which the defect was or should have been discovered by Buyer, but in no event later than one year after the end of the warranty period. Judgment upon the award rendered by the Arbitrator may be entered in either the District Courts for Travis County, Texas or the Federal District Court for the Western District of Texas, In the event any dispute arises hereunder which is not subject to arbitration, such courts shall be the sole proper jurisdiction and venue for such dispute. Buyer hereby consents to such venue and to the personal jurisdiction of such court and hereby waives the right to demand a jury trial in any such action.