Preface
Warranty
Severity 3 issues are defined as failures of the Licensed Software to comply with the Carrier Access software specifications but that do not significantly impair the function or service of the Carrier Access Product or the system.
Determination of Severity 1, 2 or 3 shall be made solely by Carrier Access following receipt of the reported problem. Refurbished material may be used to repair or replace the Product. BUYER shall bear the risk of loss for Products or Software returned to Carrier Access for repair, replacement, or service, and the same must be shipped
BUYER.
Requests for warranty services and troubleshooting must be made to, and will be provided by, the Carrier Access Customer Support Center via telephone during the warranty period and during normal business hours. Normal business hours for Carrier Access Customer Support Center are 7:00 a.m. to 6:00 p.m. Mountain Standard Time, Monday through Friday, excluding weekends and standard Carrier Access recognized holidays.
Limitation of Warranty & Limitation of Remedies
Correction of defects by repair, replacement, or service will be at Carrier Access's option and constitute Carrier Access' sole obligation and BUYER's sole and exclusive remedy under the limited warranty. Any such error correction or replacement provided to BUYER does not extend the original warranty period for hardware or software, respectively.
Carrier Access assumes no warranty or other liability with respect to defects in the Product or Software caused by:
a.modification, repair, storage, installation, operation, or maintenance of the Product or Software by anyone other than Carrier Access or its agent, or as authorized and in accordance with the Carrier Access Documentation, or
b.the negligent, unlawful or other improper use or storage of the Product or Software, including its use with incompatible equipment or software; or
c.fire, explosion, power failures, acts of God, or any other cause beyond Carrier Access' reasonable control, or
d.handling or transportation after title of the Product passes to BUYER.
Other manufacturer's equipment or software purchased by Carrier Access and resold to BUYER will be limited to that manufacturer's warranty. Carrier Access assumes no warranty liability for other manufacturer's equipment or software furnished by BUYER.
BUYER UNDERSTANDS AND AGREES AS FOLLOWS: Except for the limited warranty set forth above, the Product, License Software and all services performed by Carrier Access hereunder are provided “as is”, without representations or warranties of any kind. Carrier Access does not warrant that the Product, License Software, any hardware or software, or any update, upgrade, fix or workaround furnished to BUYER will meet BUYER's requirements, that the operation thereof, including any maintenance or major releases thereto will be uninterrupted or
THE WARRANTIES IN THIS AGREEMENT REPLACE ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, AND ALL OTHER OBLIGATIONS OR LIABILITIES OF CARRIER ACCESS, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND/OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE OR COURSE OF DEALING. ALL OTHER WARRANTIES ARE DISCLAIMED AND EXCLUDED BY CARRIER ACCESS.
Adit 3104 - Release 1.6 | ix |