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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. 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.
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.
ADDITIONAL SERVICES:
Telephone Support,
with coverage for basic troubleshooting only, will be provided for the lifetime of the
product, on a commercially reasonable efforts basis. Telephone support from 3Com is available from
3Com only if Customer purchased this product directly from 3Com, or if Customer’s reseller is unable to
provide telephone support. Please refer to the Technical Support appendix in the user guide for
telephone numbers.
3Com’s Web and Bulletin Board Service
are available at no charge, and provide software and firmware
upgrades, a bug list, and technical information about 3Com products.
WARRANTIES EXCLUSIVE:
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, OTHER HAZARDS,
OR ACTS OF GOD.
LIMITATION OF LIABILITY.
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.
DISCLAIMER:
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.
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