Carrier Access Access Navigator user manual Limitations of Warranty & Limitation of Remedies

Preface

Warranty

Carrier Access Corporation conditionally warrants to BUYER that PRODUCTS are free from substantial defect in material and workmanship under normal use given proper installation and maintenance for the period of five years from the date of shipment by Carrier Access Corporation.

BUYER will promptly notify Carrier Access Corporation of any defect in the PRODUCT. Carrier Access Corporation or its agent will have the right to inspect the PRODUCT or workmanship on BUYER’S or BUYER’S customer premises. Carrier Access Corporation has the option to: (a) repair, replace or service at its factory or on the premises the PRODUCT or workmanship found to be defective; or (b) credit BUYER for the PRODUCT in accordance with Carrier Access Corporation’s depreciation policy. Refurbished material may be used to repair or replace the PRODUCT. PRODUCTS returned to Carrier Access Corporation for repair, replacement, or credit will be shipped prepaid to BUYER.

Limitations of Warranty & Limitation of Remedies

Correction of defects by repair, replacement, service or credit will be at Carrier Access Corporation’s option and constitute fulfillment of all obligations to buyer for breach of warranty.

Carrier Access Corporation assumes no warranty liability with respect to defects in the PRODUCT caused by: (a) modification, repair, installation, operation or maintenance of the PRODUCT by anyone other than Carrier Access Corporation or its agent, except as described in Carrier Access Corporation’s documentation; or (b) the negligent or other improper use of the PRODUCT; or (c) handling or transportation after title of the PRODUCT passes to BUYER.

Other manufacturer’s equipment purchased by Carrier Access Corporation and resold to BUYER will be limited to that manufacture’s warranty. Carrier Access Corporation assumes no warranty liability for other manufacturer’s equipment furnished by BUYER.

Buyer understands and agrees as follows: the warranties in this agreement replace all other warranties, expressed or implied, and all other obligations or liabilities of Carrier Access Corporation, including any warranties of merchantability and fitness for a particular purpose. All other warranties are disclaimed and excluded by Carrier Access Corporation.

The remedies contained in this agreement will be the sole and exclusive remedies whether in contract, tort or otherwise, and Carrier Access Corporation will not be liable for injuries or damages to persons or property resulting from any case whatsoever, with the exception of injuries or damages caused by the gross negligence of Carrier Access Corporation. These limitations apply to all services, software, and products during and after the warranty period. In no event will Carrier Access Corporation be liable for any special, incidental, or consequential damages or commercial losses even if Carrier Access Corporation has been advised thereof.

No agent, distributor, or representative is authorized to make any warranties on behalf of Carrier Access Corporation or to assume for Carrier Access Corporation any other liability in connection with any of Carrier Access Corporation’s PRODUCTS, Software, or Services.

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