Policy regarding gray market

EXFO's policy regarding gray market products

EXFO’s goal is to protect its customers and its authorized sales channel from the negative impact of gray market products.

This policy does not limit or restrict resale of products as permitted under EXFO’s Sales Terms and Conditions or other contractual terms between EXFO and its customers, distributors and sales representatives.

EXFO’s definition of gray market and gray market products

Gray market is a market where products are traded through distribution channels that are legal but remain unofficial, unauthorized, or unintended by the original manufacturer. Intermediaries using such channels to distribute products are considered to be part of the gray market (hereafter unauthorized intermediary).

EXFO considers that a product originates from the gray market (hereafter gray market product) in the following situations:

• A product is sold by an unauthorized intermediary.
• A product is designed and destined for a particular market and sold on a second market.
• A product is resold, despite being reported lost or stolen.

Identification of gray market products and EXFO’s authorized distribution channel

Sales of gray market products can take many forms, such as online sales or auctions of surplus equipment. One of the first indicators to identify a gray market product is the price. If the price is considerably less than most other distributors and/or the prices on an official EXFO quotation, chances are that the product originates from the gray market. Another good indicator is to verify whether the sales representative is listed on EXFO’s website.

Consult the list of EXFO’s authorized distributors and sales representatives.

EXFO’s Position on gray market

When products are purchased on the gray market, rather than through an authorized EXFO distribution channel, EXFO is unable to guarantee the source and quality of those products nor the local safety regulations and certifications (CE, UL, etc.).

EXFO will not honor warranty, install, maintain, repair, calibrate, provide technical support nor make any support contracts available for gray market products.

EXFO’s software licenses are non-transferable without the prior written consent of an authorized officer of EXFO and are protected under Canadian, US or foreign intellectual and industrial property laws, including for example, copyright, patent, service mark and trademark.

Hazards and difficulties associated with gray market products

Customers should know that gray market products will not be eligible for support, installation, maintenance, coverage under a warranty, calibration services and any other technical support and services.

EXFO will not be in a position to help customers with Gray Market Products, the unauthorized intermediary should be contacted for warranty and any requests for services.

In addition, gray market products may come with:

• Incorrect or missing accessories (e.g., powercord or adapter not provided or quality not verified by EXFO)
• Incomplete functionality
• Missing, incorrect, or illegal software copies that may not function
• Missing original documentation
• A serial number that cannot be registered with EXFO within the customer’s geographical territory

Refurbished products

If a customer is looking for a simple way to deal with budget constraints and still obtain reliable, fully qualified equipment, EXFO's refurbished products should be considered. Refurbished EXFO products are qualified and calibrated by EXFO, come with six (6) months or one (1) year of warranty depending on the age of the instrument. Refurbished EXFO products are also available in various configurations.

You can consult EXFO's comprehensive list of available refurbished equipment and multiproduct packages.

Contact information

If you have any questions about this Policy on Gray Market, please contact us.