10
·
CUSTOMER contact name & telephone number
·
CUSTOMER Computer Operating System version
·
U.S. ROBOTICS Installation CD-ROM
·
U.S. ROBOTICS Installation Guide
4.0
WARRANTY REPLACEMENT:
4.1
In the event U.S. ROBOTICS Technical Support or its authorised U.S. ROBOTICS Service Centre determines the product or
part has a malfunction or failure attributable directly to faulty workmanship and/or materials; and the product is within the
TWO (2) YEAR warranty term; and the CUSTOMER will include a copy of the dated Proof of Purchase (original purchase
receipt from U.S. ROBOTICS or its authorised reseller) with the product or part with the returned product or part, then U.S.
ROBOTICS will issue CUSTOMER a Return Material Authorisation (RMA) and instructions for the return of the product to the
authorized U.S. ROBOTICS Drop Zone.
4.2
Any product or part returned to U.S. ROBOTICS without an RMA issued by U.S. ROBOTICS or its authorised U.S. ROBOTICS
Service Centre will be returned.
4.3
CUSTOMER agrees to pay shipping charges to return the product or part to the authorised U.S. ROBOTICS Return Centre; to
insure the product or assume the risk of loss or damage which may occur in transit; and to use a shipping container equiv-
alent to the original packaging.
4.4
Responsibility for loss or damage does not transfer to U.S. ROBOTICS until the returned product or part is received as an
authorised return at an authorised U.S. ROBOTICS Return Centre.
4.5
Authorised CUSTOMER returns will be unpacked, visually inspected, and matched to the Product Model Number and Prod-
uct Serial Number for which the RMA was authorised. The enclosed Proof of Purchase will be inspected for date of pur-
chase and place of purchase. U.S. ROBOTICS may deny warranty service if visual inspection of the returned product or part
does not match the CUSTOMER supplied information for which the RMA was issued.
4.6
Once a CUSTOMER return has been unpacked, visually inspected, and tested U.S. ROBOTICS will, at its sole discretion,
repair or replace, using new or reconditioned product or parts, to whatever extent it deems necessary to restore the prod-
uct or part to operating condition.
4.7
U.S. ROBOTICS will make reasonable effort to ship repaired or replaced product or part to CUSTOMER, at U.S. ROBOTICS
expense, not later than TWENTY ONE (21) DAYS after U.S. ROBOTICS receives the authorized CUSTOMER return at an
authorised U.S. ROBOTICS Return Centre.
4.8
U.S. ROBOTICS shall not be liable for any damages caused by delay in delivering or furnishing repaired or replaced product
or part.
5.0
LIMITATIONS
5.1
THIRD-PARTY SOFTWARE: This U.S. ROBOTICS product may include or be bundled with third-party software, the use of
which is governed by separate end-user license agreements provided by third-party software vendors. This U.S. ROBOTICS
Limited Warranty does not apply to such third-party software. For the applicable warranty refer to the end-user license
agreement governing the use of such software.
5.2
DAMAGE DUE TO MISUSE, NEGLECT, NON-COMPLIANCE, IMPROPER INSTALLATION, AND/OR ENVIRONMENTAL FACTORS:
To the extent permitted by applicable law, this U.S. ROBOTICS Limited Warranty does not apply to normal wear and tear;
damage or loss of data due to interoperability with current and/or future versions of operating system or other current
and/or future software and hardware; alterations (by persons other than U.S. ROBOTICS or authorized U.S. ROBOTICS Ser-
vice Centres); damage caused by operator error or non-compliance with instructions as set out in the user documentation
or other accompanying documentation; damage caused by acts of nature such as lightning, storms, floods, fires, and
earthquakes, etc. Products evidencing the product serial number has been tampered with or removed; misuse, neglect,
and improper handling; damage caused by undue physical, temperature, or electrical stress; counterfeit products; damage
or loss of data caused by a computer virus, worm, Trojan horse, or memory content corruption; failures of the product
which result from accident, abuse, misuse (including but not limited to improper installation, connection to incorrect volt-
ages, and power points); failures caused by products not supplied by U.S. ROBOTICS; damage cause by moisture, corro-
sive environments, high voltage surges, shipping, abnormal working conditions; or the use of the product outside the
borders of the country or territory intended for use (As indicated by the Product Model Number and any local telecommuni-
cation approval stickers affixed to the product).
5.3
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. U.S. ROBOTICS NEITHER ASSUMES NOR AUTHORISES ANY OTHER PERSON TO
ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, WARRANTY, OR
USE OF ITS PRODUCTS.
5.4
LIMITATION OF LIABILITY. TO THE FULL EXTENT ALLOWED BY LAW, U.S. ROBOTICS ALSO EXCLUDES FOR ITSELF AND ITS
SUPPLIERS ANY LIABILITY, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), FOR INCIDENTAL, CONSE-
QUENTIAL, 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 U.S.
ROBOTICS OR ITS AUTHORISED 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 U.S. ROBOTICS OPTION. THIS DIS-
CLAIMER OF LIABILITY FOR DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL OF ITS
