Polycom KIRK 7010 - Manual (Page 74)

Polycom, Inc. 75
Polycom Kirk 7010-7020-7040 User Guide General Information
announce publicly from time to time for particular products, from the date of
purchase from Polycom or its authorized reseller. Polycom’s sole obligation
under this express warranty shall be, at Polycom’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, Polycom 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 Polycom. Replacement products or parts may be
new or reconditioned. Polycom 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 Polycom 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 Polycom until
the returned item is received by Polycom. The repaired or replaced item will be
shipped to Customer, at Polycom's expense, not later than thirty (30) days after
Polycom receives the defective product, and Polycom will retain risk of loss or
damage until the item is delivered to Customer.
EXCLUSIONS . Polycom 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 Polycom'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, lighting, power surges or
outages, or other hazards.
WARRANTY EXCLUSIVE . IF A POLYCOM 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 POLYCOM'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. POLYCOM 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.