Limited Product Warranty
ADTRAN warrants that for five (5) years from the date of shipment to Customer, all products manu- factured by ADTRAN will be free from defects in materials and workmanship. ADTRAN also warrants that products will conform to the applicable specifications and drawings for such products, as con- tained in the Product Manual or in ADTRAN's internal specifications and drawings for such products (which may or may not be reflected in the Product Manual). This warranty only applies if Customer gives ADTRAN written notice of defects during the warranty period. Upon such notice, ADTRAN will, at its option, either repair or replace the defective item. If ADTRAN is unable, in a reasonable time, to repair or replace any equipment to a condition as warranted, Customer is entitled to a full refund of the purchase price upon return of the equipment to ADTRAN. This warranty applies only to the original purchaser and is not transferable without ADTRAN's express written permission. This warranty be- comes null and void if Customer modifies or alters the equipment in any way, other than as specifically authorized by ADTRAN.
EXCEPT FOR THE LIMITED WARRANTY DESCRIBED ABOVE, THE FOREGOING CONSTITUTES THE SOLE AND EXCLUSIVE REMEDY OF THE CUSTOMER AND THE EXCLUSIVE LIABILITY OF ADTRAN AND IS IN LIEU OF ANY AND ALL OTHER WARRANTIES (EXPRESSED OR IMPLIED). ADTRAN SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING (WITHOUT LIM- ITATION), ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PUR- POSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THIS EXCLUSION MAY NOT APPLY TO CUSTOMER.
In no event will ADTRAN or its suppliers be liable to Customer for any incidental, special, punitive, exemplary or consequential damages experienced by either Customer or a third party (including, but not limited to, loss of data or information, loss of profits, or loss of use). ADTRAN is not liable for dam- ages for any cause whatsoever (whether based in contract, tort, or otherwise) in excess of the amount paid for the item. Some states do not allow the limitation or exclusion of liability for incidental or con- sequential damages, so the above limitation or exclusion may not apply to Customer.
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