| (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. |
| 3Com Corporation, 5400 Bayfront Plaza, Santa Clara, CA |