Limited Warranty >
56K Faxmodem User's Guide and Reference
1.0 GENERAL TERMS:
1.1 This Limited Warranty is extended only to the original end-user purchaser (CUSTOMER) and is not transferable.
1.2 No agent, reseller, or business partner of USRobotics Corporation (USRobotics) is authorised to modify the terms of this Limited Warranty on behalf of USRobotics.
1.3 This Limited Warranty expressly excludes any product that has not been purchased as new from USRobotics or its authorised reseller.
1.4 This Limited Warranty is only applicable in the country or territory where the product is intended for use (As indicated by the Product Model Number and any local telecommunication approval stickers affixed to the product).
1.5 USRobotics warrants to the CUSTOMER that this product will be free from defects in workmanship and materials, under normal use and service, for TWO (2) YEARS from the date of purchase from USRobotics or its authorised reseller.
1.6 USRobotics sole obligation under this warranty shall be, at U.S. ROBOTICS sole discretion, to repair the defective product or part with new or reconditioned parts; or to exchange the defective product or part with a new or reconditioned product or part that is the same or similar; or if neither of the two foregoing options is reasonably available, U.S. ROBOTICS may, at its sole discretion, provide a refund to the CUSTOMER not to exceed the latest published USRobotics recommended retail purchase price of the product, less any applicable service fees. All products or parts that are exchanged for replacement will become the property of U.S. ROBOTICS.
1.7 USRobotics warrants any replacement product or part for NINETY (90) DAYS from the date the product or part is shipped to Customer.
1.8 USRobotics makes no warranty or representation that this product will meet CUSTOMER requirements or work in combination with any hardware or software products provided by third parties.
1.9 USRobotics makes no warranty or representation that the operation of the software products provided with this product will be uninterrupted or error free, or that all defects in software products will be corrected.
1.10 USRobotics shall not be responsible for any software or other CUSTOMER data or information contained in or stored on this product.
2.0 CUSTOMER OBLIGATIONS
2.1 CUSTOMER assumes full responsibility that this product meets CUSTOMER specifications and requirements.
2.2 CUSTOMER is specifically advised to make a backup copy of all software provided with this product.
2.2 CUSTOMER assumes full responsibility to properly install and configure this product and to ensure proper installation, configuration, operation and compatibility with the operating environment in which this product is to function.
2.3 CUSTOMER must furnish USRobotics a dated Proof of Purchase (copy of original purchase receipt from USRobotics or its authorised reseller) for any warranty claims to be authorised.
3.0 OBTAINING WARRANTY SERVICE:
3.1 CUSTOMER must contact USRobotics Technical Support or an authorised USRobotics Service Centre within the applicable warranty period to obtain warranty service authorisation.
3.2 Customer must provide Product Model Number, Product Serial Number and dated Proof of Purchase (copy of original purchase receipt from U.S. ROBOTICS or its authorised reseller) to obtain warranty service authorisation.
3.3 For information on how to contact USRobotics Technical Support or an authorised USRobotics Service Centre, please see the U.S ROBOTICS corporate Web site at: www.usr.com
3.4 CUSTOMER should have the following information / items readily available when contacting USRobotics Technical Support:
· Product Model Number
4.0 WARRANTY REPLACEMENT:
4.1 In the event USRobotics Technical Support or its authorised U.S. ROBOTICS Service Centre determines the product or part has a malfunction or failure attributable directly to faulty workmanship and/or materials; and the product is within the TWO (2) YEAR warranty term; and the CUSTOMER will include a copy of the dated Proof of Purchase (original purchase receipt from USRobotics or its authorised reseller) with the product or part with the returned product or part, then USRobotics will issue CUSTOMER a Return Material Authorisation (RMA) and instructions for the return of the product to the authorized USRobotics Drop Zone.
4.2 Any product or part returned to USRobotics without an RMA issued by USRobotics or its authorised USRobotics Service Centre will be returned.
4.3 CUSTOMER agrees to pay shipping charges to return the product or part to the authorised USRobotics Return Centre; to insure the product or assume the risk of loss or damage which may occur in transit; and to use a shipping container equivalent to the original packaging.
4.4 Responsibility for loss or damage does not transfer to USRobotics until the returned product or part is received as an authorised return at an authorised USRobotics Return Centre.
4.5 Authorised CUSTOMER returns will be unpacked, visually inspected, and matched to the Product Model Number and Product Serial Number for which the RMA was authorised. The enclosed Proof of Purchase will be inspected for date of purchase and place of purchase. USRobotics may deny warranty service if visual inspection of the returned product or part does not match the CUSTOMER supplied information for which the RMA was issued.
4.6 Once a CUSTOMER return has been unpacked, visually inspected, and tested USRobotics will, at its sole discretion, repair or replace, using new or reconditioned product or parts, to whatever extent it deems necessary to restore the product or part to operating condition.
4.7 USRobotics will make reasonable effort to ship repaired or replaced product or part to CUSTOMER, at USRobotics expense, not later than TWENTY ONE (21) DAYS after USRobotics receives the authorized CUSTOMER return at an authorised USRobotics Return Centre.
4.8 USRobotics shall not be liable for any damages caused by delay in delivering or furnishing repaired or replaced product or part.
5.1 THIRD-PARTY SOFTWARE: This USRobotics product may include or be bundled with third-party software, the use of which is governed by separate end-user license agreements provided by third-party software vendors. This USRobotics Limited Warranty does not apply to such third-party software. For the applicable warranty refer to the end-user license agreement governing the use of such software.
5.2 DAMAGE DUE TO MISUSE, NEGLECT, NON-COMPLIANCE, IMPROPER INSTALLATION, AND/OR ENVIRONMENTAL FACTORS: To the extent permitted by applicable law, this USRobotics Limited Warranty does not apply to normal wear and tear; damage or loss of data due to interoperability with current and/or future versions of operating system or other current and/or future software and hardware; alterations (by persons other than USRobotics or authorized USRobotics Service Centres); damage caused by operator error or non-compliance with instructions as set out in the user documentation or other accompanying documentation; damage caused by acts of nature such as lightning, storms, floods, fires, and earthquakes, etc. Products evidencing the product serial number has been tampered with or removed; misuse, neglect, and improper handling; damage caused by undue physical, temperature, or electrical stress; counterfeit products; damage or loss of data caused by a computer virus, worm, Trojan horse, or memory content corruption; failures of the product which result from accident, abuse, misuse (including but not limited to improper installation, connection to incorrect voltages, and power points); failures caused by products not supplied by USRobotics; damage cause by moisture, corrosive environments, high voltage surges, shipping, abnormal working conditions; or the use of the product outside the borders of the country or territory intended for use (As indicated by the Product Model Number and any local telecommunication approval stickers affixed to the product).
5.3 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. USRobotics NEITHER ASSUMES NOR AUTHORISES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, WARRANTY, OR USE OF ITS PRODUCTS.
5.4 LIMITATION OF LIABILITY. TO THE FULL EXTENT ALLOWED BY LAW, U.S. ROBOTICS 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 U.S. ROBOTICS OR ITS AUTHORISED 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 USRobotics OPTION. THIS DISCLAIMER OF LIABILITY FOR DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL OF ITS ESSENTIAL PURPOSE.
6.0 DISCLAIMER: Some countries, states, territories 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 CUSTOMER. When the implied warranties are not allowed by law to be excluded in their entirety, they will be limited to the TWO (2) YEAR duration of this written warranty. This warranty gives CUSTOMER specific legal rights, which may vary depending on local law.
7.0 GOVERNING LAW: This Limited Warranty shall be governed by the laws of the State of Illinois, U.S.A. excluding its conflicts of laws principles and excluding the United Nations Convention on Contracts for the International Sale of Goods.