10
Warranty and Limitation of Liability
LIMITED WARRANTY
. ShoreTel warrants to the end user (“Customer”) that this product
will be free from defects in workmanship and materials, under normal use and service, for
one year from the date of purchase from ShoreTel or its authorized reseller. ShoreTel's sole
obligation under this express warranty shall be, at ShoreTel's option and expense, to repair
the defective product or part, deliver to Customer an equivalent product or part to replace
the defective item, or if neither of the two foregoing options is reasonably available,
ShoreTel may, in its sole discretion, refund to Customer the purchase price paid for the
defective product. All products that are replaced will become the property of ShoreTel.
Replacement products or parts may be new or reconditioned. ShoreTel warrants any
replaced or repaired product or part for ninety (90) days from shipment, or the remainder
of the initial warranty period, whichever is longer.
Products returned to ShoreTel must be sent prepaid and packaged appropriately for safe
shipment, and it is recommended that they be insured or sent by a method that
provides for tracking of the package. Responsibility for loss or damage does not
transfer to ShoreTel until the returned item is received by ShoreTel. The repaired or
replaced item will be shipped to Customer, at ShoreTel's expense, not later than thirty
(30) days after ShoreTel receives the defective product, and ShoreTel will retain risk of
loss or damage until the item is delivered to Customer.
EXCLUSIONS
. ShoreTel will not be liable under this limited warranty if its testing and
examination disclose that the alleged defect or malfunction in the product does not exist
or results from:
•
Failure to follow ShoreTel's installation, operation, or maintenance instructions.
•
Unauthorized product modification or alteration.
•
Unauthorized use of common carrier communication services accessed through
the product.
•
Abuse, misuse, negligent acts, or omissions of Customer and persons under
Customer's control or
•
Acts of third parties, acts of God, accident, fire, lightning, power surges or
outages, or other hazards.
WARRANTY EXCLUSIVE
. IF A SHORETEL 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 SHORETEL'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. SHORETEL 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.
SERVICE AGREEMENTS
. Please contact your ShoreTel Authorized Reseller for
information about service agreements applicable to your product.
LIMITATION OF LIABILITY
. TO THE FULL EXTENT ALLOWED BY LAW, SHORETEL
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 SHORETEL 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
