Ciprico 4400 Disclaimers of Warranty and Limitations of Remedy, Inspection and Acceptance

MediaVault 4440 User Manual

Disclaimers of Warranty and Limitations of Remedy

EXCEPT AS PROVIDED IN THIS WARRANTY POLICY, CIPRICO INC. (ON ITS OWN BEHALF AND ON BEHALF OF ANY IF ITS AGENTS) DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, AND SPECIFICALLY DISCLAIMS THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CIPRICO INC. WILL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR ANY OTHER LOSSES, EXPENSES OR DAMAGES RELATING TO PRODUCT DEFECTS OR FAILURES. YOUR SOLE REMEDY, AND CIPRICO INC.’S SOLE OBLIGATION, WITH RESPECT TO ANY PRODUCT DEFECTS OR FAILURES (REGARDLESS OF WHETHER YOUR CLAIM IS ASSERTED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) SHALL BE (AT CIPRICO INC.’S OPTION) REPAIR, REPLACEMENT OR REFUND OF THE PRICE PAID.

Inspection and Acceptance

Customer shall inspect all shipments within forty-eight (48) hours after arrival and notify Ciprico Inc. in writing within two (2) days of any shortages or other failures to conform to the Agreement which are reasonably recoverable upon arrival, including, without limitation, any claim that product fail to conform to the applicable specification. Customer shall allow Ciprico Inc. a reasonable opportunity to inspect the product to enable Ciprico Inc. to verify the alleged nonconformity. Customer’s failure to timely notify Ciprico Inc. in writing of any alleged nonconformity of product or sale or any processing of the product shall constitute an immediate and irrevocable acceptance of product and an acknowledgment by customer that product delivered was accepted.

MV 4440_Ciprico Inc. D-3