3Com 125ST Installation Manual - page 20
replaced item will be shipped to Customer, at 3Com’s expense, not later than thirty
(30) days after 3Com receives the defective product.
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.
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. The shipment of advance replacement products is subject to local legal
requirements and may not be available in all locations.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.
WARRANTIES EXCLUSIVE: 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, POWER CUTS OR OUTAGES, OTHER HAZARDS, OR ACTS OF GOD.
LIMITATION OF LIABILITY. 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,