Exclusions, Warranty exclusive, Service agreements – Polycom SOUNDPOINT IP 300 User Manual

Page 26: Limitations of liability

Advertising
background image

23

Polycom will not be liable under this
limited warranty if its testing and exami-
nation disclose that the alleged defect or
malfunction in the product does not exist
or results from:

• Failure to follow Polycom’s installa-

tion, operation, or maintenance instruc-
tions.

• 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, ac-

cident, fire, lightening, power surges or
outages, or other hazards.

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 CONDI-
TIONS, EXPRESS OR IMPLIED, EI-
THER IN FACT OR BY OPERATION OF
LAW, STATUTORY OR OTHERWISE,

INCLUDING WARRANTIES, TERMS,
OR CONDITIONS OF MERCHANT-
ABILITY, FITNESS FOR A PARTICU-
LAR PURPOSE, SATISFACTORY
QUALITY, CORRESPONDENCE WITH
DESCRIPTION, AND NON-INFRINGE-
MENT, ALL OF WHICH ARE EX-
PRESSLY DISCLAIMED. POLYCOM
NEITHER ASSUMES NOR AUTHO-
RIZES ANY OTHER PERSON TO AS-
SUME FOR IT ANY OTHER LIABILITY
IN CONNECTION WITH THE SALE,
INSTALLATION, MAINTENANCE OR
USE OF ITS PRODUCTS.

Please contact your Polycom Authorized
Reseller for information about service

agreements applicable to your product.

Exclusions

Warranty Exclusive

Service Agreements

Limitations of Liability

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, CONSEQUEN-
TIAL, 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, MAIN-
TENANCE, USE, PERFORMANCE,
FAILURE, OR INTERRUPTION OF
ITS PRODUCTS, EVEN IF POLYCOM

Advertising