6500 Residential Gateway User’s Guide
D. SIEMENS will return the repaired or replacement Product to the end user at the address provided by the end user at SIEMENS’s expense. For
Products shipped within the United States of America, SIEMENS will use reasonable efforts to ensure delivery within five (5) business days from the
date received by SIEMENS. Expedited service is available at additional cost to the end user.
E. Upon request from SIEMENS, the end user must prove the date of the original purchase of the product by a dated bill of sale or dated itemized
receipt.
5.
Limitations
.
The end user shall have no coverage or benefits under this limited warranty if the product has been subject to abnormal use, abnormal conditions,
improper storage, exposure to moisture or dampness, unauthorized modifications, unauthorized repair, misuse, neglect, abuse, accident, alteration,
improper installation, or other acts which are not the fault of SIEMENS, including acts of nature and damage caused by shipping.
SIEMENS 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
SIEMENS authorized service provider.
The limited warranty does not cover defects in appearance, cosmetic, decorative or structural items, including framing, and any non-operative parts.
SIEMENS’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. SIEMENS 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 SIEMENS 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 SIEMENS at the numbers provided above to determine the
current out of warranty repair rate. End users seeking out of warranty repair should contact SIEMENS 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 SIEMENS 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
SIEMENS 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
SIEMENS.
SIEMENS 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 SIEMENS 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 SIEMENS 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
SIEMENS HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. SIEMENS’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 SIEMENS 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 SIEMENS must be mailed by certified mail to the
following address:
Siemens Subscriber Networks
4849 Alpha Road
Dallas, TX 75244
U.S.A.
Attn: Customer Service
