3Com 1000BASE-SX Obtaining Warranty Service, Warranties Exclusive, Limitation Of Liability

OBTAINING WARRANTY SERVICE

Customer must contact 3Com’s Corporate Service Center or an Authorized 3Com Service Center within the applicable warranty period to obtain warranty service authorization. Dated proof of purchase may be required. Products returned to 3Com’s Corporate Service Center must be pre-authorized by 3Com with a Return Material Authorization (RMA) number marked on the outside of the package, and sent prepaid and packaged appropriately for safe shipment, and it is recommended that they be insured. The repaired or replaced item will be shipped to Customer, at 3Com’s expense, not later than thirty (30) days after receipt of the defective product by 3Com.

Dead- or Defective-on-Arrival.In the event a product completely fails to function or exhibits a defect in materials or workmanship within the first forty-eight (48) hours of installation but no later than thirty (30) days after the date of purchase, and this is verified by 3Com, it will be considered dead- or defective-on-arrival (DOA) and a replacement shall be provided by advance replacement. The replacement product will normally be shipped not later than three (3) business days after 3Com’s verification of the DOA product, but may be delayed due to export or import procedures. When an advance replacement is provided and Customer fails to return the defective product to 3Com within fifteen (15) days after shipment of the replacement, 3Com will charge Customer for the replacement product, at list price.

3Com shall not be responsible for any software, firmware, information, or memory data of Customer contained in, stored on, or integrated with any products returned to 3Com for repair, whether under warranty or not.

WARRANTIES EXCLUSIVE	IF A 3COM 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 3COM’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 CONDITIONS,
	EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE,
	INCLUDING WARRANTIES, TERMS, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
	PURPOSE, AND SATISFACTORY QUALITY. 3COM NEITHER ASSUMES NOR AUTHORIZES ANY OTHER
	PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE, INSTALLATION,
	MAINTENANCE OR USE OF ITS PRODUCTS.
	3COM SHALL NOT BE LIABLE UNDER THIS WARRANTY IF ITS TESTING AND EXAMINATION DISCLOSE THAT
	THE ALLEGED DEFECT IN THE PRODUCT DOES NOT EXIST OR WAS CAUSED BY CUSTOMER’S OR ANY
	THIRD PERSON'S MISUSE, NEGLECT, IMPROPER INSTALLATION OR TESTING, UNAUTHORIZED ATTEMPTS TO
	REPAIR OR MODIFY, OR ANY OTHER CAUSE BEYOND THE RANGE OF THE INTENDED USE, OR BY
	ACCIDENT, FIRE, LIGHTNING, OR OTHER HAZARD.
LIMITATION OF LIABILITY	TO THE FULL EXTENT ALLOWED BY LAW, 3COM ALSO EXCLUDES FOR ITSELF AND ITS SUPPLIERS ANY
	LIABILITY, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), FOR INCIDENTAL,
	CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE
	OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, OR OTHER FINANCIAL LOSS ARISING
	OUT OF OR IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, PERFORMANCE,
	FAILURE, OR INTERRUPTION OF ITS PRODUCTS, EVEN IF 3COM OR ITS AUTHORIZED RESELLER HAS BEEN
	ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND LIMITS ITS LIABILITY TO REPAIR, REPLACEMENT,
	OR REFUND OF THE PURCHASE PRICE PAID, AT 3COM’S OPTION. THIS DISCLAIMER OF LIABILITY FOR
	DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL OF ITS ESSENTIAL
	PURPOSE.
DISCLAIMER	Some countries, states, or provinces do not allow the exclusion or limitation of implied warranties or the
	limitation of incidental or consequential damages for certain products supplied to consumers or the
	limitation of liability for personal injury, so the above limitations and exclusions may be limited in their
	application to you. When the implied warranties are not allowed to be excluded in their entirety, they will
	be limited to the duration of the applicable written warranty. This warranty gives you specific legal rights
	which may vary depending on local law.
GOVERNING LAW	This Limited Warranty shall be governed by the laws of the State of California, U.S.A. excluding its conflicts
	of laws principles and excluding the United Nations Convention on Contracts for the International Sale of
	Goods.