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3Com's expense, not later than thirty (30) days after 3Com receives the defective product,
and 3Com will retain risk of loss or damage until the item is delivered to Customer.
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 prior to 3Com receiving the defective product, but only if Customer provides
a purchase order number, credit card number, or other method of payment acceptable to
3Com, to be used if 3Com needs to charge Customer for the replacement, as explained
below. 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 a replacement product prior to 3Com receiving the
defective product is subject to local legal requirements and may not be available in all
locations. When such a 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
3Com's Electronic Support Services,
available at no charge, include 3Com
Knowledgebase, information on known bugs, documentation, release notes, and publicly
available software and firmware upgrades. 3Com reserves the right to modify or cancel
this offering at any time, without advance notice.
Telephone Technical Support,
with coverage for basic troubleshooting only, will be
provided at no additional charge for ninety (90) days from the date of purchase, on a
commercially reasonable efforts basis. Telephone support is provided by 3Com only if
Customer purchased this product directly from 3Com, or if Customer's reseller is unable
to provide telephone support. To qualify for this telephone technical support, Customer
must register on the 3Com Web site at http://support.3Com.com/index.htm, and state the
date of purchase, product number, and serial number. 3Com's response to a request for
telephone technical support will be in the form of a return call from a 3Com
representative by close of business the following business day, defined as 9 a.m. to 5
p.m., local time, Monday through Friday, excluding local holidays. Please refer to the
Technical Support appendix in the User Guide for telephone numbers.
Software Updates,
All software and firmware upgrades and the latest code for this
product downloaded through the 3Com Software Library.
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, POWER CUTS OR
OUTAGES, 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
