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Warranty Statements
THE ALLEGED DEFECT OR MALFUNCTION IN THE PRODUCT DOES
NOT EXIST OR WAS CAUSED BY CUSTOMER’S OR ANY THIRD PER-
SON’S MISUSE, NEGLECT, IMPROPER INSTALLATION OR TESTING,
UNAUTHORIZED ATTEMPT TO OPEN, REPAIR OR MODIFY THE
PRODUCT, OR ANY OTHER CAUSE BEYOND THE RANGE OF THE
INTENDED USE, OR BY ACCIDENT, FIRE, LIGHTNING, OTHER HAZ-
ARDS OR ACTS OF GOD.
LIMITATION OF LIABILITY: TO THE FULL EXTENT ALLOWED BY LAW,
ACTION
TEC ELECTRONICS ALSO 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 INFOR-
MATION OR DATA, OR OTHER FINANCIAL LOSS ARISING OUT OF OR
IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE,
USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF ITS PRODUCT,
EVEN IF
ACTION
TEC ELECTRONICS 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 PRICE PAID, AT
ACTION
TEC ELECTRONICS’ OPTION.
THIS DISCLAIMER OF LIABILITY FOR DAMAGES WILL NOT BE
AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL OF ITS
ESSENTIAL PURPOSE.
DISCLAIMER: Some countries, states or provinces do not allow the exclusion or lim-
itation of implied warranties or the limitation of incidental or consequential damages
for certain products supplied to consumers, or the limitation of liability for personal
injury, so the above limitations and exclusions may be limited in their application
to you. When the implied warranties are not allowed to be excluded in their entire-
ty, they will be limited to the duration of the applicable written warranty. This war-
ranty gives you specific legal rights which may vary depending on local law.
DISPUTE RESOLUTION: The customer may contact the Director of Technical
Support in the event the Customer is not satisfied with
Action
tec Electronics
response to the complaint. In the event that the Customer is still not satisfied with
the response of the Director of Technical Support, the Customer is instructed to
contact the Director of Marketing. In the event that the Customer is still not satis-
fied with the response of the Director of Marketing, the Customer is instructed to
contact the Chief Financial Officer and/or President.
GOVERNING LAW: This Limited Warranty shall be governed by the laws of the
State of California, U.S.A. excluding its conflicts of laws principles and excluding the
United Nations Convention on Contracts for the International Sale of Goods.
26
Warranty Statements
THIS
ACTION
TEC ELECTRONICS WARRANTY DOES NOT APPLY TO
SUCH THIRD-PARTY SOFTWARE. FOR THE APPLICABLE WARRANTY,
PLEASE REFER TO THE END-USER LICENSE AGREEMENT GOVERN-
ING THE USE OF SUCH SOFTWARE.
OBTAINING WARRANTY SERVICE: Customer may contact
Action
tec
Electronics Technical Support Center within the applicable warranty period to
obtain warranty service authorization. Dated proof of purchase from
Action
tec
Electronics or its authorized reseller may be required. Products returned to
Action
tec
Electronics must be pre-authorized by
Action
tec Electronics with a Return
Merchandise Authorization (RMA) number marked on the outside of the package,
and sent prepaid and packaged appropriately for safe shipment, and it is recom-
mended that they be insured or sent by a method that provides for tracking of the
package. The repaired or replaced item will be shipped to Customer, at
Action
tec
Electronics’ expense, not later than thirty (30) days after
Action
tec Electronics
receives the defective product.
Return the product to:
In the United States
Action
tec Electronics, Inc
760 North Mary Avenue
Sunnyvale, CA 94085
Action
tec Electronics shall not be responsible for any software, firmware, information
or memory data or Customer contained in, stored on, or integrated with any prod-
ucts returned to Actiontec Electronics for repair, whether under warranty or not
.
WARRANTIES EXCLUSIVE: IF AN
ACTION
TEC ELECTRONICS’ PROD-
UCT 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
ACTION
TEC ELECTRONICS’ OPTION. TO THE FULL EXTENT
ALLOWED BY LAW, THE FOREGOING WARRANTIES AND REMEDIES
ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, TERMS
OR CONDITIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY
OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WAR-
RANTIES, TERMS OR CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPON-
DENCE WITH DESCRIPTION, AND NON-INFRINGEMENT, ALL OF
WHICH ARE EXPRESSLY DISCLAIMED .
ACTION
TEC ELECTRONICS
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.
ACTION
TEC ELECTRONICS SHALL NOT BE LIABLE UNDER THIS
WARRANTY IF ITS TESTING AND EXAMINATION DISCLOSE THAT
