About This Guide
Warranty and Software Licenses
About This Guide
xi
WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, AND SHALL APPLY
EVEN IF THE LIMITED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE. WARRANTY
LAWS VARY FROM JURISDICTION TO JURISDICTION, AND THE ABOVE
LIMITATIONS AND EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES
MAY NOT APPLY TO YOU, DEPENDING UPON YOUR STATE, COUNTRY OR
JURISDICTION.
8.
Procedures for Return of Hardware or Software under the Limited Warranty
Where repair or replacement is required under the Limited Warranty, Customer will contact
Trapeze Networks and obtain a Return Materials Authorization number (“RMA Number”)
prior to returning any hardware and/or software, and will include the Trapeze Networks RMA
Number on all packaging. Trapeze Networks will ship repaired or replacement components
within a commercially reasonable time after receipt of any hardware and/or software returned
for the Limited Warranty purposes to the address provided by Customer. Customer will pay
freight and handling charges for defective return to the address specified by Trapeze Networks
and Trapeze Networks will pay freight and handling charges for return of the repair or
replacement materials to Customer.
9.
Miscellaneous
The Limited Warranty shall be governed by and construed in accordance with the laws of the
State of California without reference to that State's conflict of laws rules and as if the contract
was wholly formed within the State of California. Customer agrees that jurisdiction and venue
shall be in Santa Clara County, California. Under no circumstances shall the United Nations
Convention on the International Sale of Goods be considered for redress of grievances or
adjudication of any warranty disputes that include Trapeze Networks hardware or software. If
any provision of these Terms and Conditions of Sale are held invalid, then the remainder of
these Terms and Conditions of Sale will continue in full force and effect. Where a Customer
has entered into a signed contractual agreement with Trapeze Networks for supply of
hardware, software or services, the terms of that agreement shall supersede any terms
contained within this Limited Warranty. Customer understands and acknowledges that the
terms of this Limited Warranty, as well as material information regarding the form, function,
operation and limitations of Trapeze Networks hardware and software will change from time
to time, and that the most current revisions will be publicly available at the Trapeze Networks
corporate web site (www.trapezenetworks.com).