Limited warranty and limitation of liability – Polycom VTX1000 User Manual

Page 28

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SoundStation V

TX

10

0

0

Operation Manual

48

W

arranty Information

SoundStation V

TX

10

0

0

Operation Manual

49

W

arranty Information

Limited Warranty and Limitation of Liability

Polycom warrants to the end user

(“Customer”) that this product will be

free from defects in workmanship and

materials, under normal use and service,

for one year 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.

LIMITATION OF LIABILITY. TO THE

FULL EXTENT ALLOWED BY LAW,

POLYCOM EXCLUDES FOR ITSELF

AND ITS SUPPLIERS ANY LIABILITY,

WHETHER BASED IN CONTRACT OR

TORT (INCLUDING NEGLIGENCE),

FOR INCIDENTAL, CONSEQUENTIAL,

INDIRECT, SPECIAL, OR PUNITIVE

DAMAGES OF ANY KIND, OR FOR LOSS

OF REVENUE OR PROFITS, LOSS OF

BUSINESS, LOSS OF INFORMATION OR

DATA, 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 POLYCOM OR ITS

AUTHORIZED RESELLER HAS BEEN

ADVISED OF THE POSSIBILITY OF SUCH

DAMAGES, AND LIMITS ITS LIABILITY

TO REPAIR, REPLACEMENT, OR REFUND

OF THE PURCHASE PRICE PAID, AT

POLYCOM’S OPTION. THIS DISCLAIMER

OF LIABILITY FOR DAMAGES WILL

NOT BE AFFECTED IF ANY REMEDY

PROVIDED HEREIN SHALL FAIL OF ITS

ESSENTIAL PURPOSE.

Limited Warranty

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 omis-

sions 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.

Exclusions

Some countries, states, or provinces do not

allow the exclusion or limitation of implied

warranties or the limitation of incidental or

consequential damages for certain products

supplied to consumers, or the limitation

of liability for personal injury, so the

above limitations and exclusions may be

limited in their application to you. When

the implied warranties are not allowed

to be excluded in their entirety, they

will be limited to the duration of the

applicable written warranty. This warranty

gives you specific legal rights which may

vary depending on local law.

Disclaimer

This Limited Warranty and Limitation of

Liability shall be governed by the laws of

the State of California, U.S.A., and by the

laws of the United States, excluding

their conflicts of laws principles. The

United Nations Convention on Contracts

for the International Sale of Goods is

hereby excluded in its entirety from

application to this Limited Warranty

and Limitation of Liability.

Governing Laws

If you purchased your product from

a Polycom Authorized Reseller, contact

the Authorized Reseller for information

about service agreements applicable to

your product. For technical assistance

or information on service programs,

please visit Polycom’s website at

www.polycom.com and select the Support

menu.

Service Agreements

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.

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