DPS KDA 864, User Manual

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APPENDIX • TERMS AND CONDITIONS
4.2
Warranty
DPS Telecom warrants, to the original purchaser only, that its products a) substantially conform to DPS’ published spec-
ifications 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 specifi-
cations or that the product is not substantially free from defects in material and workmanship, the purchaser must promptly
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 responsibility 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 pur-
chase 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 is was designed, d) damage caused by disasters such as fire, flood, wind or lightening unless
and to the extent that the product specification provides for resistance to a defined disaster, e) damage caused by unau-
thorized 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.
Technical Support
If a purchaser believes that a product is not operating in substantial conformance with DPS’ published specifications or there
appear to be defects in material and workmanship, the purchaser should contact our technical support representatives. If the
problem cannot be corrected over the telephone and the product and problem are covered by the warranty, the technical sup-
port representative will authorize the return of the product for service and provide shipping information. If the product is out
of warranty, repair charges will be quoted. All non-warranty repairs receive a 90-day warranty.
D-SW-709 UM00C.08103
October 22, 2001 www.dpstele.com