Netopia D7100 SDSL, D7171 SDSL, D3100-I IDSL manual Limited Warranty and Limitation of Remedies

Limited Warranty and Limitation of Remedies-137

Limited Warranty and Limitation of Remedies

Netopia warrants to you, the end user, that the Netopia D-Series DSL DSU (the “Product”) will be free from defects in materials and workmanship under normal use for a period of one (1) year from date of purchase. Netopia’s entire liability and your sole remedy under this warranty during the warranty period is that Netopia shall, at its sole option, either repair or replace the Product.

In order to make a claim under this warranty you must comply with the following procedure:

1.Contact Netopia Customer Service within the warranty period to obtain a Return Materials Authorization (“RMA”) number.

2.Return the defective Product and proof of purchase, shipping prepaid, to Netopia with the RMA number prominently displayed on the outside of the package.

If you are located outside of the United States or Canada, please contact your dealer in order to arrange for warranty service.

THE ABOVE WARRANTIES ARE MADE BY NETOPIA ALONE, AND THEY ARE THE ONLY WARRANTIES MADE BY ANYONE REGARDING THE ENCLOSED PRODUCT. NETOPIA AND ITS LICENSOR(S) MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MER- CHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE ENCLOSED PRODUCT. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED ABOVE, NETOPIA AND ITS LICENSOR(S) DO NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PRODUCT IS ASSUMED BY YOU. THE EXCLUSION OF IMPLIED WARRANTIES IS NOT PERMITTED BY SOME STATES OR JURISDICTIONS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN THAT CASE, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY OF THE PRODUCT. THERE MAY BE OTHER RIGHTS THAT YOU MAY HAVE WHICH VARY FROM JURISDICTION TO JURISDICTION.

REGARDLESS OF WHETHER OR NOT ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL NETOPIA, ITS LICENSOR(S) AND THE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS OF ANY OF THEM BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT THE USE OR INABILITY TO USE THE PRODUCT EVEN IF NETOPIA OR ITS LICENSOR(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NETOPIA AND ITS LICENSOR(S) LIABILITY TO YOU FOR ACTUAL DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT [INCLUDING NEGLIGENCE], PRODUCT LIABILITY OR OTHERWISE), WILL BE LIMITED TO $50.