Users should ensure for their own protection that the electrical ground connections of the power utility, tele- phone lines and internal metallic water pipe system, if present, are connected together. This precaution may be particularly important in rural areas.
CAUTION: Users should not attempt to make such connections themselves, but should contact the appropriate electric inspection authority, or electrician, as appropriate.”
CP - 01, Part I
Section 10.2
“NOTICE: The Load Number (LN) assigned to each terminal device denotes the percentage of the total load to be connected to a telephone loop which is used by the device, to prevent overloading. The termination on a loop may consist of any combination of devices subject only to the requirement that the total of the Load Numbers of all the devices does not exceed 100.”
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 CAC.
BUYER will promptly notify CAC of any defect in the PRODUCT. CAC or its agent will have the right to in- spect the PRODUCT or workmanship on BUYER’S or BUYER’S customer premises. CAC has the option to:
(a)repair, replace or service at its factory or on the premises the PRODUCT or workmanship found to be defec- tive; or (b) credit BUYER for the PRODUCT in accordance with CAC’s depreciation policy. Refurbished ma- terial may be used to repair or replace the PRODUCT. PRODUCTS returned to CAC 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 CAC’s option and constitute fulfillment of all obligations to buyer for breach of warranty.
CAC 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 CAC or its agent, except as described in CAC’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 CAC and resold to BUYER will be limited to that manufacture’s warranty. CAC 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 CAC, including any warranties of merchantability and fit- ness for a particular purpose. All other warranties are disclaimed and excluded by CAC.
The remedies contained in this agreement will be the sole and exclusive remedies whether in contract, tort or otherwise, and CAC 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 CAC. These limitations apply to all services, software, and products during and after the warranty period. In no event will CAC be liable for any special, incidental, or consequential damages or commercial losses even if CAC has been advised there-