Cabletron Systems 3Com Obtaining Warranty, Service, Warranties Exclusive, Limitation Of Liability

Models: 3Com

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OBTAINING WARRANTY

Customer must contact a 3Com Corporate Service Center or an Authorized 3Com Service Center within the applicable

SERVICE

warranty period to obtain warranty service authorization. Dated proof of purchase from 3Com or its authorized reseller may be

 

required. Products returned to 3Com's Corporate Service Center must be pre-authorized by 3Com with a User Service Order

 

(USO) number (or a Return Material Authorization (RMA) number or a Service Repair Order (SRO) number, whichever was

 

issued) marked on the outside of the package, and 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 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 by

 

advance replacement, 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 advance replacement products is subject to

 

local legal requirements and may not be available in all locations. When an advance 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.

 

INCLUDED SERVICES: Telephone Support, with coverage for basic troubleshooting only, will be provided for ninety (90) days

 

from the date of purchase, on a commercially reasonable efforts basis. Telephone support is available from 3Com only if

 

Customer purchased this product directly from 3Com, or if Customer’s reseller is unable to provide telephone support. Please

 

refer to the Technical Support appendix in the User Guide for telephone numbers.

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, 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 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 95054

(408)326-5000 January 3, 2000

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Cabletron Systems 3Com manual Obtaining Warranty, Service, Warranties Exclusive, Limitation Of Liability, Disclaimer