Limited Warranty and Limitation of Liability
Limited Warranty
Polycom warrants to the end user (“Cus- tomer”) that this product will be free from defects in workmanship and materials, under normal use and service, for one year from the date of purchase from Polycom or its authorized reseller.
Polycom’s sole obligation under this express warranty shall be, at Polycom’s option and expense, to repair the defec- tive product or part, deliver to Customer an equivalent product or part to replace the defective item, or if neither of the two foregoing options is reasonably available, Polycom may, in its sole discretion, refund to Customer the purchase price paid for the defective product. All products that are replaced will become the property of Polycom. Replacement products or parts may be new or reconditioned. Polycom warrants any replaced or repaired product or part for ninety (90) days from shipment, or the remainder of the initial warranty period, whichever is longer.
Products returned to Polycom must be 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 Polycom until the returned item is received by Polycom. The repaired or
replaced item will be shipped to Customer, at Polycom’s expense, not later than thirty
(30)days after Polycom receives the defective product, and Polycom will retain risk of loss or damage until the item is
delivered to Customer.
LIMITATION OF LIABILITY. TO THE FULL EXTENT ALLOWED BY LAW, POLYCOM 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 INFOR- MATION OR DATA, OR OTHER FI- NANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF ITS PRODUCTS, EVEN IF POLYCOM OR ITS AUTHO- RIZED RESELLER HAS BEEN AD- VISED OF THE POSSIBILITY OF SUCH DAMAGES, AND LIMITS ITS LIABIL- ITY TO REPAIR, REPLACEMENT, OR REFUND OF THE PURCHASE PRICE
PAID, AT POLYCOM’S OPTION. THIS DISCLAIMER OF LIABILITY FOR DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL OF ITS ESSENTIAL PURPOSE.
Exclusions
Polycom will not be liable under this limited warranty if its testing and examination disclose that the alleged defect or malfunction in the product does not exist or results from: ►Failure to follow Polycom’s instal- lation, operation, or maintenance instructions;
►Unauthorized product modification or alteration;
►Unauthorized use of common car- rier communication services accessed through the product;
►Abuse, misuse, negligent acts or omissions of Customer and persons under Customer’s control; or ►Acts of third parties, acts of God, accident, fire, lightning, power surges or outages, or other hazards.
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