EFFICIENT will not honor, and will consider the warranty voided, if: (1) the seal or serial number on the Product have been tampered with; (2) the Product’s case has
been opened; or (3) there has been any attempted or actual repair or modification of the Product by anyone other than an EFFICIENT authorized service provider.
The limited warranty does not cover defects in appearance, cosmetic, decorative or structural items, including framing, and any non-operative parts.
EFFICIENT’s limit of liability under the limited warranty shall be the actual cash value of the product at the time the end user returns the product for repair,
determined by the price paid by the end user for the product less a reasonable amount for usage. EFFICIENT shall not be liable for any other losses or damages.
The end user will be billed for any parts or labor charges not covered by this limited warranty. The end user will be responsible for any expenses related to
reinstallation of the product.
THIS LIMITED WARRANTY IS THE ONLY WARRANTY EFFICIENT MAKES FOR THE PRODUCT AND SOFTWARE. TO THE EXTENT ALLOWED BY
LAW, NO OTHER WARRANTY APPLIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE.
6.
Out of Warranty Repair
. Out of warranty repair is available for fixed fee. Please contact EFFICIENT at the numbers provided above to determine the current out
of warranty repair rate. End users seeking out of warranty repair should contact EFFICIENT as described above to obtain an RMA and to arrange for payment of the
repair charge. All shipping charges will be billed to the end user.
General Provisions
The following general provisions apply to the foregoing Software License and Limited Warranty:
1.
No Modification
. The foregoing limited warranty is the end user’s sole and exclusive remedy and is in lieu of all other warranties, express or implied. No oral or
written information or advice given by EFFICIENT or its dealers, distributors, employees or agents shall in any way extend, modify or add to the foregoing Software
License and Limited Warranty. This Software License and Limited Warranty constitutes the entire agreement between EFFICIENT and the end user, and supersedes
all prior and contemporaneous representation, agreements or understandings, oral or written. This Software License and Limited Warranty may not be changed or
amended except by a written instrument executed by a duly authorized officer of EFFICIENT.
EFFICIENT neither assumes nor authorizes any authorized service center or any other person or entity to assume for it any other obligation or liability beyond that
which is expressly provided for in this limited warranty including the provider or seller of any extended warranty or service agreement.
The limited warranty period for EFFICIENT supplied attachments and accessories is specifically defined within their own warranty cards and packaging.
2.
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES
. TO THE FULL EXTENT PERMITTED BY LAW, IN NO
EVENT SHALL EFFICIENT BE LIABLE, WHETHER UNDER CONTRACT, WARRANTY, TORT OR ANY OTHER THEORY OF LAW FOR ANY SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, PERSONAL INJURY, LOSS OR IMPAIRMENT OF DATA OR BUSINESS INFORMATION, EVEN IF EFFICIENT HAS BEEN NOTIFIED
OF THE POSSIBILITY OF SUCH DAMAGES. EFFICIENT’S LIABILITY TO YOU (IF ANY) FOR ACTUAL DIRECT DAMAGES FOR ANY CAUSE
WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO, AND SHALL NOT EXCEED, THE AMOUNT PAID FOR
THE HARDWARE/SOFTWARE.
3.
General
. This Software License and Limited Warranty will be covered by and construed in accordance with the laws of the State of Texas, United States
(excluding conflicts of laws rules), and shall inure to the benefit of EFFICIENT and its successor, assignees and legal representatives. If any provision of this Software
License and Limited Warranty is held by a court of competent jurisdiction to be invalid or unenforceable to any extent under applicable law, that provision will be
enforced to the maximum extent permissible, and the remaining provisions of this Software License and Limited Warranty will remain in full force and effect. Any
notices or other communications to be sent to EFFICIENT must be mailed by certified mail to the following address:
Efficient Networks, Inc.
4849 Alpha Road
Dallas, TX 75244
U.S.A.
Attn: Customer Service
