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normal and customary manner.
b. Defects or damage from misuse, accident, water, or neglect.
c. Defects or damage from improper testing, operation, maintenance,
installation, alteration, modification, or adjustment.
d. Breakage or damage to antennas unless caused directly by defects in
material workmanship.
e. A Product subjected to unauthorized Product modifications,
disassemblies or repairs (including,without limitation,the audition to
the Product of non-MOTOROLA supplied equipment).
f. Product which has had the serial number removed or made illegible.
g. Rechargeable batteries if:
1. Any of the seals on the battery enclosure of cells are broken or
show evidence of tampering.
2. The damage or defect is caused by charging or using the battery in
equipment or service other than the Product for which it is
specified.
h. Freight costs to the repair depot.
i. A Product which, due to illegal or unauthorized alteration of the
software/firmware in the Product, does not function in accordance
with MOTOROLA’S published specifications or the local type
acceptance labeling in effect for the Product at the time the Product
was initially distributed from MOTOROLA.
j. Scratches or other cosmetic damage to Product surfaces that does not
effect the operation of the Product.
k. Normal and customary wear and tear.
l. Exclusion for defects or damage arising from use of the products in
connection with non-MOTOROLA equipment.
V. PATENT AND SOFTWARE PROVISIONS:
MOTOROLA will defend, at its own expense, any suit brought against the end
user purchaser to the extent that it is based on a claim that the Product or parts
infringe a patent, and Motorola will pay those costs and damages finally
awarded againstthe end userpurchaser in any such suit which areattributable to
any such claim, but such defense and payments are conditioned on the
following:
a. That MOTOROLA will be notified promptly in writing by such
purchaser of any notice of such claim;
b. That MOTOROLA will have sole control of the defense of such suit
and all negotiations for its settlement or compromise; and
c. Should the Product or parts become, or in MOTOROLA’S opinion be