Polycom Limited Warranty and Limitation Liability
LIMITED WARRANTY. Polycom war- rants to the end user (“Customer”) that this product is expected to be free from defects in workmanship and materials, under normal use and service, for one year from the date of purchase from Polycom or its authorized reseller.
Polycom’s sole obligation under this ex- press warranty is at Polycom’s option and expense, to repair the defective product or part, deliver to Customer an equivalent product or part to replace the defective item, or if neither of the two foregoing options are reasonably available, Polycom may, on its sole discretion, refund to Customer the purchase price paid for the defective product. All products that are replaced will become the property of Polycom. Replacement products or parts may be new or reconditioned.
Polycom is expected to warrant any replaced or repaired product or part for ninety (90) days from shipment, or the remainder of the initial warranty period, whichever is longer.
Products returned to Polycom must be sent prepaid and packaged appropriately for safe shipment, and it is recommended that they be insured or sent by a method that provides for tracking of the package. Responsibility for loss or damage does not transfer to Polycom until the returned item is received by Polycom. The repaired or replaced item will be shipped to Customer, at Polycom’s expense, not later than thirty
(30)days after Polycom receives the defective product, and Polycom will retain risk of loss or damage until the item is delivered to Customer.
Exclusions
Polycom will not be liable under this limited warranty if its testing and exami- nation disclose that the alleged defect or malfunction in the product does not exist or results from:
•Failure to follow Polycom’s installa- tion, operation, or maintenance instruc- tions.
•Unauthorized product modification or alteration.
•Unauthorized use of common carrier communication services accessed through the product.
•Abuse, misuse, negligent acts or omis- sions of Customer and persons under Customer’s control; or
•Acts of third parties, acts of God, ac- cident, fire, lightening, power surges or outages, or other hazards.
Warranty Exclusive
IF A POLYCOM PRODUCT DOES NOT OPERATE AS WARRANTED ABOVE, CUSTOMER’S SOLE REMEDY FOR BREACH OF THAT WARRANTY SHALL BE REPAIR, REPLACEMENT, OR REFUND OF THE PURCHASE PRICE PAID, AT POLYCOM’S OPTION. TO THE FULL EXTENT ALLOWED BY LAW, THE FOREGOING WARRANTIES
AND REMEDIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, TERMS, OR CONDI- TIONS, EXPRESS OR IMPLIED, EI- THER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES, TERMS, OR CONDITIONS OF MERCHANT- ABILITY, FITNESS FOR A PARTICU-
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