42
defects. D-Link’s sole obligation shall be to replace the non-conforming Software (or
defective media) with software that substantially conforms to D-Link’s functional
specifications for the Software or to refund at D-Link’s sole discretion. Except as
otherwise agreed by D-Link in writing, the replacement Software is provided only to the
original licensee, and is subject to the terms and conditions of the license granted by
D-Link for the Software. Software will be warranted for the remainder of the original
Warranty Period from the date or original retail purchase. If a material
non-conformance is incapable of correction, or if D-Link determines in its sole discretion
that it is not practical to replace the non-conforming Software, the price paid by the
original licensee for the non-conforming Software will be refunded by D-Link; provided
that the non-conforming Software (and all copies thereof) is first returned to D-Link.
The license granted respecting any Software for which a refund is given automatically
erminates.
t
Non-Applicability of Warranty:
The Limited Warranty provided hereunder for hardware
and software of D-Link's products will not be applied to and does not cover any
refurbished product and any product purchased through the inventory clearance or
liquidation sale or other sales in which D-Link, the sellers, or the liquidators expressly
disclaim their warranty obligation pertaining to the product and in that case, the product
is being sold "As-Is" without any warranty whatsoever including, without limitation, the
Limited Warranty as described herein, notwithstanding anything stated herein to the
contrary.
Submitting A Claim
: The customer shall return the product to the original purchase
point based on its return policy. In case the return policy period has expired and the
product is within warranty, the customer shall submit a claim to D-Link as outlined below:
•
The customer must submit with the product as part of the claim a written
description of the Hardware defect or Software nonconformance in sufficient
detail to allow D-Link to confirm the same.
•
The original product owner must obtain a Return Material Authorization
(“RMA”) number from the Authorized D-Link Service Office and, if requested,
provide written proof of purchase of the product (such as a copy of the dated
purchase invoice for the product) before the warranty service is provided.
•
After an RMA number is issued, the defective product must be packaged
securely in the original or other suitable shipping package to ensure that it will
not be damaged in transit, and the RMA number must be prominently marked
on the outside of the package. Do not include any manuals or accessories in
the shipping package. D-Link will only replace the defective portion of the
Product and will not ship back any accessories.
The customer is responsible for all in-bound shipping charges to D-Link. No Cash on
Delivery (“COD”) is allowed. Products sent COD will either be rejected by D-Link or
become the property of D-Link. Products shall be fully insured by the customer and
shipped to D-Link Systems, 17595 Mt. Herrman Street, Fountain Valley, CA. 92708.
D-Link will not be held responsible for any packages that are lost in transit to D-Link.
The repaired or replaced packages will be shipped to the customer via UPS Ground or
any common carrier selected by D-Link, with shipping charges prepaid. Expedited
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