3Com warrants this hardware product to be free from defects in workmanship and materials, under normal use and service, for the following length of time from the date of purchase from 3Com or its authorized reseller: Lifetime; spare parts and spares kits: 90 days.
3Com's sole obligation under this express warranty shall be, at 3Com'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, 3Com 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 3Com. Replacement products may be new or reconditioned. 3Com 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.
In addition to the Hardware Warranty stated above, 3Com warrants that each product sold or licensed to Customer on and after January 1, 1998 that is date sensitive will continue performing properly with regard to such date data on and after January 1, 2000, provided that all other products used by Customer in connection or combination with the 3Com product, including hardware, software, and firmware, accurately exchange date data with the 3Com product, with the exception of those products identified at 3Com's Web site, http://www.3com.com/products/yr2000.html, as not meeting this standard. If it appears that any product that is stated to meet this standard does not perform properly with regard to such date data on and after January 1, 2000, and Customer notifies 3Com before the later of April 1, 2000, or ninety (90) days after purchase of the product from 3Com or its authorized reseller, 3Com shall, at its option and expense, provide a software update which would effect the proper performance of such product, repair such product, deliver to Customer an equivalent product to replace such product, or if none of the foregoing is feasible, refund to Customer the purchase price paid for such product.
Any software update or replaced or repaired product will carry a Year 2000 Warranty for ninety (90) days after purchase or until April 1, 2000, whichever is later.
Customer must contact a 3Com Corporate Service Center or an Authorized 3Com Service Center within the applicable warranty period to obtain warranty service authorization. Dated proof of purchase from 3Com or its authorized reseller may be required. Products returned to 3Com's Corporate Service Center must be pre-authorized by 3Com with a Return Material Authorization (RMA) number marked on the outside of the package, and 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. The repaired or replaced item will be shipped to Customer, at 3Com's expense, not later than thirty (30) days after 3Com receives the defective product.
Dead- or Defective-on-Arrival. In the event a product completely fails to function or exhibits a defect in materials or workmanship within the first forty-eight (48) hours of installation but no later than thirty (30) days after the date of purchase, and this is verified by 3Com, it will be considered dead- or defective-on-arrival (DOA) and a replacement shall be provided by advance replacement. The replacement product will normally be shipped not later than three (3) business days after 3Com's verification of the DOA product, but may be delayed due to export or import procedures. When an advance replacement is provided and Customer fails to return the original product to 3Com within fifteen (15) days after shipment of the replacement, 3Com will charge Customer for the replacement product, at list price.
3Com shall not be responsible for any software, firmware, information, or memory data of Customer contained in, stored on, or integrated with any products returned to 3Com for repair, whether under warranty or not.
ADDITIONAL SERVICES: Telephone Support, with coverage for basic troubleshooting only, will be provided for ninety (90) days, on a commercially reasonable efforts basis. Telephone support from 3Com is available from 3Com only if Customer purchased this product directly from 3Com, or if Customer's reseller is unable to provide telephone support. Please refer to the Technical Support appendix in he user guide for telephone numbers.
3Com's Web and Bulletin Board Service are available at no charge, and provide software and firmware upgrades, a bug list, and technical information about 3Com products.
IF A 3COM 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 3COM'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. 3COM 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.
3COM SHALL NOT BE LIABLE UNDER THIS WARRANTY IF ITS TESTING AND EXAMINATION DISCLOSE THAT THE ALLEGED DEFECT OR MALFUNCTION 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 OPEN, REPAIR OR MODIFY THE PRODUCT, OR ANY OTHER CAUSE BEYOND THE RANGE OF THE INTENDED USE, OR BY ACCIDENT, FIRE, LIGHTNING, OTHER HAZARDS, OR ACTS OF GOD.
TO THE FULL EXTENT ALLOWED BY LAW, 3COM ALSO 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 3COM 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 3COM'S OPTION. THIS DISCLAIMER OF LIABILITY FOR DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL OF ITS ESSENTIAL PURPOSE.
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.
This Limited Warranty shall be governed by the laws of the State of California, U.S.A. excluding its conflicts of laws principles and excluding the United Nations Convention on Contracts for the International Sale of Goods.
3Com Corporation
5400 Bayfront Plaza
Santa Clara, CA 95054
(408) 326-5000
