L
IMITED
W
ARRANTY
vi
FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND ARE IN LIEU
OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, EITHER
IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING
WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. SMC NEITHER ASSUMES NOR AUTHORIZES ANY OTHER
PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH
THE SALE, INSTALLATION, MAINTENANCE OR USE OF ITS PRODUCTS. SMC
SHALL NOT BE LIABLE UNDER THIS WARRANTY IF ITS TESTING AND
EXAMINATION DISCLOSE THE ALLEGED DEFECT IN THE PRODUCT DOES NOT
EXIST OR WAS CAUSED BY CUSTOMER’S OR ANY THIRD PERSON’S MISUSE,
NEGLECT, IMPROPER INSTALLATION OR TESTING, UNAUTHORIZED ATTEMPTS
TO REPAIR, OR ANY OTHER CAUSE BEYOND THE RANGE OF THE INTENDED
USE, OR BY ACCIDENT, FIRE, LIGHTNING, OR OTHER HAZARD.
LIMITATION OF LIABILITY: IN NO EVENT, WHETHER BASED IN CONTRACT OR
TORT (INCLUDING NEGLIGENCE), SHALL SMC BE LIABLE FOR INCIDENTAL,
CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND,
OR FOR LOSS OF REVENUE, LOSS OF BUSINESS, OR OTHER FINANCIAL LOSS
ARISING OUT OF OR IN CONNECTION WITH THE SALE, INSTALLATION,
MAINTENANCE, USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF ITS
PRODUCTS, EVEN IF SMC OR ITS AUTHORIZED RESELLER HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR
THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR
CONSUMER PRODUCTS, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY
NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS,
WHICH MAY VARY FROM STATE TO STATE. NOTHING IN THIS WARRANTY
SHALL BE TAKEN TO AFFECT YOUR STATUTORY RIGHTS.
* SMC will provide warranty service for one year following discontinuance from the
active SMC price list. Under the limited lifetime warranty, internal and external
power supplies, fans, and cables are covered by a standard one-year warranty from
date of purchase.
SMC Networks, Inc.
38 Tesla
Irvine, CA 92618
b_mgmt.book Page vi Tuesday, July 8, 2003 5:24 PM