3Com Corporation L
IMITED
W
ARRANTY
CoreBuilder
®
5000 SwitchModule
H
ARDWARE
3Com warrants to the end user (“Customer”) that this hardware product will
be free from defects in workmanship and materials, under normal use and
service, for one (1) year from the date of purchase from 3Com or its authorized
reseller.
3Com’s sole obligation under this express warranty shall be, at 3Com’s option
and expense, to repair the defective 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, 3Com 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 3Com. Replacement
products may be new or reconditioned. 3Com 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.
S
OFTWARE
3Com warrants to Customer that each software program licensed from it will
perform in substantial conformance to its program specifications, for a period
of ninety (90) days from the date of purchase from 3Com or its authorized
reseller. 3Com warrants the media containing software against failure during
the warranty period. No updates are provided. 3Com's sole obligation under
this express warranty shall be, at 3Com's option and expense, to refund the
purchase price paid by Customer for any defective software product, or to
replace any defective media with software which substantially conforms to
applicable 3Com published specifications. Customer assumes responsibility for
the selection of the appropriate applications program and associated reference
materials. 3Com makes no warranty or representation that its software
products will meet Customer’s requirements or work in combination with any
hardware or applications software products provided by third parties, that the
operation of the software products will be uninterrupted or error free, or that
all defects in the software products will be corrected. For any third-party
products listed in the 3Com software product documentation or specifications
as being compatible, 3Com will make reasonable efforts to provide
compatibility, except where the non-compatibility is caused by a “bug” or
defect in the third party's product or from use of the software product not in
accordance with 3Com’s published specifications or user manual.
THIS 3COM PRODUCT MAY INCLUDE OR BE BUNDLED WITH THIRD-PARTY
SOFTWARE, THE USE OF WHICH IS GOVERNED BY A SEPARATE END USER
LICENSE AGREEMENT. THIS 3COM WARRANTY DOES NOT APPLY TO SUCH
THIRD-PARTY SOFTWARE. FOR THE APPLICABLE WARRANTY, PLEASE REFER
TO THE END USER LICENSE AGREEMENT GOVERNING THE USE OF SUCH
SOFTWARE.
Y
EAR
2000 W
ARRANTY
See the 3Com Year 2000 Web site at
http://www.3com.com/products/yr2000.html
O
BTAINING
W
ARRANTY
S
ERVICE
Customer must contact a 3Com Corporate Service Center or an Authorized
3Com Service Center within the applicable warranty period to obtain warranty
service authorization. Dated proof of purchase from 3Com or its authorized
reseller may be required. Products returned to 3Com's Corporate Service
Center must be pre-authorized by 3Com with a Return Material Authorization
(RMA) number or User Service Order (USO) number marked on the outside of
the package, and 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 3Com until the returned item is received by 3Com. The repaired or
replaced item will be shipped to Customer, at 3Com's expense, not later than
thirty (30) days after 3Com receives the defective product.
3Com shall not be responsible for any software, firmware, information, or
memory data of Customer contained in, stored on, or integrated with any
products returned to 3Com for repair, whether under warranty or not.
Dead-
or Defective-on-Arrival
. In the event a product completely fails to function or
exhibits a defect in materials or workmanship within the first forty-eight (48)
hours of installation but no later than thirty (30) days after the date of
purchase, and this is verified by 3Com, it will be considered dead- or
defective-on-arrival (DOA) and a replacement shall be provided by advance
replacement.
The replacement product will normally be shipped not later than three (3)
business days after 3Com’s verification of the DOA product, but may be
delayed due to export or import procedures. The shipment of advance
replacement products is subject to local legal requirements and may not be
available in all locations. When an advance replacement is provided and
Customer fails to return the original product to 3Com within fifteen (15) days
after shipment of the replacement, 3Com will charge Customer for the
replacement product, at list price.
INCLUDED SERVICES:
Telephone Support,
with coverage for basic troubleshooting only, will be
provided for ninety (90) days from the date of purchase, on a commercially
reasonable efforts basis. Please refer to the Technical Support appendix in the
Getting Started Guide for telephone numbers.
3Com’s Web and Bulletin Board Services
provide 3Knowledgebase, bug
tracking, documentation, release notes, and some software maintenance
releases at no charge.
W
ARRANTIES
E
XCLUSIVE
IF A 3COM PRODUCT DOES NOT OPERATE AS WARRANTED ABOVE,
CUSTOMER'S SOLE REMEDY FOR BREACH OF THAT WARRANTY SHALL BE
REPAIR, REPLACEMENT, OR REFUND OF THE PURCHASE PRICE PAID, AT
3COM'S OPTION. TO THE FULL EXTENT ALLOWED BY LAW, THE FOREGOING
WARRANTIES AND REMEDIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER
WARRANTIES, TERMS, OR CONDITIONS, EXPRESS OR IMPLIED, EITHER IN FACT
OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING
WARRANTIES, TERMS, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH
DESCRIPTION, AND NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY
DISCLAIMED. 3COM 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.
3COM SHALL NOT BE LIABLE UNDER THIS WARRANTY IF ITS TESTING AND
EXAMINATION DISCLOSE THAT THE ALLEGED DEFECT OR MALFUNCTION 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 OPEN, REPAIR OR MODIFY THE PRODUCT, OR
ANY OTHER CAUSE BEYOND THE RANGE OF THE INTENDED USE, OR BY
ACCIDENT, FIRE, LIGHTNING, POWER CUTS OR OUTAGES, OTHER HAZARDS,
OR ACTS OF GOD.
L
IMITATION
OF
L
IABILITY
TO THE FULL EXTENT ALLOWED BY LAW, 3COM ALSO 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 INFORMATION OR DATA, 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 3COM OR ITS AUTHORIZED
RESELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND
LIMITS ITS LIABILITY TO REPAIR, REPLACEMENT, OR REFUND OF THE
PURCHASE PRICE PAID, AT 3COM'S OPTION. THIS DISCLAIMER OF LIABILITY
FOR DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN
SHALL FAIL OF ITS ESSENTIAL PURPOSE.
D
ISCLAIMER
Some countries, states, or provinces do not allow the exclusion or limitation of
implied warranties or the limitation of incidental or consequential damages for
certain products supplied to consumers, or the limitation of liability for
personal injury, so the above limitations and exclusions may be limited in their
application to you. When the implied warranties are not allowed to be
excluded in their entirety, they will be limited to the duration of the applicable
written warranty. This warranty gives you specific legal rights which may vary
depending on local law.
G
OVERNING
L
AW
This Limited Warranty shall be governed by the laws of the State of California,
U.S.A., excluding its conflicts of laws principles and excluding the United
Nations Convention on Contracts for the International Sale of Goods.
3Com Corporation
5400 Bayfront Plaza
P.O. Box 58145
Santa Clara, CA 95052-8145
(408) 326-5000
