does not transfer to 3Com until the returned item is received by 3Com. The repaired or replaced item will be shipped to Customer, at 3Com's expense, not later than thirty (30) days after 3Com receives the defective product, and 3Com will retain risk of loss or damage until the item is delivered to Customer.
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.
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 prior to 3Com receiving the defective product, but only if Customer provides a purchase order number, credit card number, or other method of payment acceptable to 3Com, to be used if 3Com needs to charge Customer for the replacement, as explained below. 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. The shipment of a replacement product prior to 3Com receiving the defective product is subject to local legal requirements and may not be available in all locations. When such a replacement is provided and Customer fails to return the original product to 3Com within fifteen (15) days after shipment of the replacement, 3Com will charge Customer for the replacement product, at list price.
Shipment of a Replacement Prior to 3Com Receiving the Defective Product is provided for five (5) years, after which time it may be available for a specified fee, but in either case only if Customer provides a purchase order number, credit card number, or other method of payment acceptable to 3Com, to be used if 3Com needs to charge Customer for the replacement, as explained below. 3Com will make commercially reasonable efforts to ship the replacement product not later than five (5) business days after receiving the request for a replacement, but may be delayed due to product availability or export or import procedures. The shipment of a replacement product prior to 3Com receiving the defective product is subject to local legal requirements and may not be available in all locations. When such a replacement is provided and Customer fails to return the original product to 3Com within fifteen (15) days after shipment of the replacement, 3Com will charge Customer for the replacement, at list price. This replacement prior to 3Com receiving the defective product is different from the fee-based Advance Hardware Replacement Service, which is available as a contracted service offering.
INCLUDED SERVICES: 3Com's Electronic Support Services, available at no charge, include 3Com Knowledgebase, information on known bugs, documentation, release notes, and publicly available software and firmware upgrades. 3Com reserves the right to modify or cancel this offering at any time, without advance notice.
Telephone Technical Support, with coverage for basic troubleshooting only, will be provided at no additional charge for 12 months from the date of purchase, on a commercially reasonable efforts basis. Telephone support is provided by 3Com only if Customer purchased this product directly from 3Com, or if Customer's reseller is unable to provide telephone support. To qualify for this telephone technical support, Customer must register on the 3Com Web site at http://support.3Com.com/index.htm, and state the date of purchase, product number, and serial number. 3Com's response to a request for telephone technical support will be in the form of a return call from a 3Com representative by close of business the following business day, defined as 9 a.m. to 5 p.m., local time, Monday through Friday, excluding local holidays. Please refer to the Technical Support appendix in the User Guide for telephone numbers.
Software Updates, All software and firmware upgrades and the latest code for this product downloaded through the 3Com Software Library.
WARRANTIESEXCLUSIVE: 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, SATISFACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION, AND NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. 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 OR MALFUNCTION 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 OPEN, REPAIR OR MODIFY THE PRODUCT, OR ANY OTHER CAUSE BEYOND THE RANGE OF THE INTENDED USE, OR BY ACCIDENT, FIRE, LIGHTNING, POWER CUTS OR OUTAGES, OTHER HAZARDS, OR ACTS OF GOD.
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
