Warranty
DPS Telecom warrants, to the original purchaser only, that its products a) substantially conform to DPS' published
specifications and b) are substantially free from defects in material and workmanship. This warranty expires two
years from the date of product delivery with respect to hardware and ninety days from the date of product delivery
with respect to software. If the purchaser discovers within these periods a failure of the product to substantially
conform to the specifications or that the product is not substantially free from defects in material and workmanship,
the purchaser must promply notify DPS. Within reasonable time after notification, DPS will endeavor to correct any
substantial non-conformance with the specifications or substantial defects in material and workmanship, with new or
used replacement parts. All warranty service will be performed at the company's office in Fresno, California, at no
charge to the purchaser, other than the cost of shipping to and from DPS, which shall be the responsiblity of the
purchaser. If DPS is unable to repair the product to conform to the warranty, DPS will provide at its option one of the
following: a replacement product or a refund of the purchase price for the non-conforming product. These remedies
are the purchaser's only remedies for breach of warranty. Prior to initial use the purchaser shall have determined the
suitability of the product for its intended use. DPS does not warrant a) any product, components or parts not
manufactured by DPS, b) defects caused by the purchaser's failure to provide a suitable installation environment for
the product, c) damage caused by use of the product for purposes other than those for which it was designed, d)
damage caused by disasters such as fire, flood, wind or lightning unless and to the extent that the product
specification provides for resistance to a defined disaster, e) damage caused by unauthorized attachments or
modifications, f) damage during shipment from the purchaser to DPS, or g) any abuse or misuse by the purchaser.
THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
In no event will DPS be liable for any special, incidental, or consequential damages based on breach of warranty,
breach of contract, negligence, strict tort, or any other legal theory. Damages that DPS will not be responsible for
include but are not limited to, loss of profits; loss of savings or revenue; loss of use of the product or any associated
equipment; cost of capital; cost of any substitute equipment, facilities or services; downtime; claims of third parties
including customers; and injury to property.
The purchaser shall fill out the requested information on the Product Warranty Card and mail the card to DPS. This
card provides information that helps DPS make product improvements and develop new products.
For an additional fee DPS may, at its option, make available by written agreement only an extended warranty
providing an additional period of time for the applicability of the standard warranty.
