Heading2 - warranties exclusive, Heading2 - limitation of liability, Warranties exclusive – ADS Technologies NetDSL 800 ADSL Modem version 5.2b1 User Manual

Page 60: Limitation of liability

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Warranties Exclusive

C-2

NetDSL Software User’s Guide

will be billed for repairs. ARESCOM will not be held responsible for product(s)
lost or damaged during transit. ARESCOM has the right to refuse any products
received without a RMA number. The repaired or replaced item will be shipped
to Customer, at ARESCOM’s expense, no later than thirty (30) days after receipt
by ARESCOM. This warranty is not valid if the serial number has been tampered
with or removed from the product(s).

Warranties Exclusive

If an ARESCOM product does not operate as warranted above, Customer’s sole
remedy shall be repair, replacement, or refund of the purchase price paid, at
ARESCOM’s option. In no event will ARESCOM’s liability exceed the amount
paid by you for the product. The foregoing warranties and remedies are exclusive
and are in lieu of all other warranties, express or implied, either in fact or by
operation of law, statutory or otherwise, including warranties of merchantability
and fitness for a particular purpose. ARESCOM 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.

ARESCOM shall not be liable under this warranty if its testing and examination
disclose that the alleged defect in the product does not exist or was caused by
customer’s or any third person’s misuse, neglect, improper installation or testing,
unauthorized attempts to repair, or any other cause beyond the range of the
intended use, or by accident, fire, lightning, or other hazard.

Limitation of Liability

In no event, whether based in contract or tort (including negligence) shall
ARESCOM be liable for incidental, consequential, indirect, special, or punitive
damages of any kind, or for loss of revenue, loss of business, or other financial
loss arising out of or in connection with the sale, installation, maintenance, use,
performance, failure, or interruption of its products, even if ARESCOM or its
authorized reseller has been advised of the possibility of such damages.

Some states do not allow the exclusion or implied warranties or the limitation of
incidental or consequential damages for consumer products, so the above
limitations and exclusions may not apply to you. This warranty gives you
specific legal rights which may vary from state to state.

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