Verilink WANsuite 5230 (34-00304.F) Product Manual - Manual (Page 233)

Five-Year Hardware Limited Warranty
I. Limited Warranty. Subject to the limitations and disclaimers set forth in this Hardware Limited Warranty, Verilink warrants to the original pur-
chaser (“Buyer”) that the Verilink equipment and component parts (“Goods”) purchased by Buyer shall be free from defects in material and
workmanship under normal use and service for a period of five years from the date of shipment of the Goods to Buyer (“Limited Warranty”).
Verilink’s sole obligation and Buyer’s sole remedy under this Limited Warranty shall be to repair or replace any Verilink Goods that Verilink
determines to be so defective. Any claim by Buyer under this Limited Warranty must be presented to Verilink in writing within five years and
fifteen (15) days of the date of shipment of the Goods to Buyer, as evidenced by Verilink’s packing slip or similar shipment documentation from
a Verilink authorized reseller. Any replacement Goods may be new or reconditioned. Verilink reserves the right to substitute equivalent Goods
for defective Goods, in its sole discretion. As long as Verilink either so repairs or replaces the Goods, this Limited Warranty will not be found to
have failed its essential purpose. If the defect has been caused by accident, misuse or abnormal operating conditions (including lightning dam-
age) occurring after delivery to Buyer, repairs and/or replacement will be made at Buyer’s expense. In such event, an estimate of cost will be
submitted to Buyer before repair work is started. The Limited Warranty will continue to apply to replaced or repaired Goods for whichever is
longer: the 90-day period after the shipment of such Goods to Buyer or the remainder of the original Limited Warranty period.
II. EXCLUSION OF IMPLIED WARRANTIES OR OTHER REPRESENTATION. THE GOODS ARE SOLD BY VERILINK “AS IS” WITH-
OUT ANY WARRANTY OR GUARANTEE OF ANY KIND OTHER THAN THE LIMITED WARRANTY SET FORTH ABOVE, WHICH
IS MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AND VERILINK HEREBY
DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGE-
MENT, AND ALL OTHER IMPLIED WARRANTIES ON THE PART OF VERILINK. VERILINK DOES NOT WARRANT THAT THE
BUYER'S USE OF THE GOODS WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. Buyer agrees that no oral or written repre-
sentation, advice, advertisement or other statement by Verilink, its reseller, agent, employee, or representative constitutes any warranty, guaran-
tee or modification of the foregoing disclaimer and Limited Warranty, and Buyer acknowledges that no person, including resellers, agents,
employees, or representatives of Verilink, is authorized to assume for Verilink any other liability on its behalf except as set forth in this para-
graph.
III. LIMITATION ON LIABILITY. IN NO EVENT SHALL VERILINK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE
LIABLE FOR SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIM-
ITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, DATA LOSS, DAMAGE TO EQUIPMENT, OR THE LIKE),
REGARDLESS OF WHETHER THE CLAIM IS BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, STRICT LIABILITY,
OR OTHER LEGAL THEORY, EVEN IF VERILINK OR ITS AGENT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN
NO EVENT WILL VERILINK’S LIABILITY TO BUYER OR ANY SUCCESSOR TO BUYER EXCEED THE PRICE PAID FOR THE
APPLICABLE GOODS.
IV. LIMITED WARRANTY CONDITIONS. The Limited Warranty shall be void (i) with respect to any Goods that have been repaired or altered
outside Verilink’s factory, unless Verilink specifically authorized such repairs or alterations; (ii) in the event parts not made or recommended by
Verilink are used by Buyer in the Goods; or (iii) if the Goods are used by Buyer other than in the manner intended by Verilink or other than in
conformance with operating instructions and specifications provided by Verilink.
V. MODIFICATIONS BY VERILINK. Minor deviations from specifications that do not materially affect performance of the Goods covered
hereby, as mutually agreed upon by Verilink and Buyer, shall not be deemed to constitute a breach of the Limited Warranty. Verilink also
reserves the right to discontinue Goods and change specifications for Goods without notice, provided such changes do not adversely affect the
performance of the Goods manufactured by Verilink or do not reduce performance below any applicable contract specifications between Ver-
ilink and the Buyer. Verilink also reserves the right to make product improvements without incurring any obligations or liability to make the
same changes in Goods previously manufactured or purchased. Non-payment of any invoice rendered within the stated payment terms automat-
ically suspends the application of, but not the running of, the Limited Warranty for the duration of the non-payment.
VI. AMENDMENT OF WARRANTY TERMS. These terms and conditions of this Hardware Limited Warranty may be revised by Verilink from
time to time in its sole discretion. The terms and conditions in effect at the time of purchase will apply to such Goods.
VII. RETURN OF GOODS. If for any reason the Buyer must return a Verilink product, it must be returned to the factory, shipping prepaid, and pack-
aged to the best commercial standard for electronic equipment. Verilink will pay shipping charges for delivery on return. The Buyer is responsi-
ble for mode and cost of shipment to Verilink. The Buyer must have a Return Material Authorization (RMA) number marked on the shipping
package. Products sent to Verilink without RMA numbers will be returned to the sender, unopened, at the sender’s expense. A product sent
directly to Verilink for repair must first be assigned an RMA number. The Buyer may obtain an RMA number by calling the Verilink Customer
Service Center at 1.800.926.0085, extension 2282 or 2322. When calling Verilink for an RMA, the Buyer should have the following informa-
tion available:
• Model number and serial number for each unit
• Reason for return and symptoms of problem
• Purchase order number to cover charges for out-of-warranty items
• Name and phone number of person to contact if Verilink has questions about the unit(s).
A return address will be provided at the time the RMA number is issued. The standard delivery method for return shipments is Standard Ground
for domestic returns and International Economy for international returns (unless otherwise specified).
VIII. GOVERNING LAW. This Agreement is governed by the laws of the State of Alabama, U.S.A., without reference to its conflicts of law provi-
sions. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.