Limited Warranties And Limitation of Remedies
The warranty for this product has been changed. The warranty statement below will take effect on January 1, 2005.
Carrier Access warrants to BUYER that Product Hardware will be free from substantial defect in material and workmanship under normal use in accordance with its Documentation and given proper installation and maintenance for period of one (1) year from the date of shipment by Carrier Access.Carrier Access warrants that the Licensed Software, when used as permitted under its License Terms and in accordance with the instructions and configurations described in the Documentation (including use on Carrier Access product or a computer hardware and operating system platform supported by Carrier Access), will operate substantially as described in the Documentation for a period of ninety (90) days after date of shipment of the Licensed Software to BUYER.
This warranty shall not apply to Products or Software that have been either resold or transferred from BUYER to any other party. Any such transfer voids the above warranty and related licenses. Carrier Access offers expanded product care beyond what is covered by the warranty through different support plans. The plans are designed to maximize network availability through advance replacement for defective equipment. Please contact your Carrier Access representative for support program details.
Warranty Procedure. BUYER must promptly notify Carrier Access of any defect in the Product or Software and comply with Carrier Access’ return/repair policy and procedures. Carrier Access or its agent will have the right to inspect the Product or workmanship on BUYER’s premises. With respect to a warranty defect in Product hardware reported to Carrier Access by BUYER during the warranty period, Carrier Access, as its sole obligation and BUYER’s exclusive remedy for any breach of warranty, will use commercially reasonable efforts, at its option, to: (a) repair, replace, or service at its factory or on the BUYER’s premises the Product, or component therein, or workmanship found to be defective so that the Product hardware operates substantially in accordance with Carrier Access Documentation; or (b) credit BUYER for the Product in accordance with Carrier Access’s depreciation policy. With respect to a warranty defect in the Licensed Software reported to Carrier Access by BUYER during the 90-day software warranty period, Carrier Access, at its own expense and as its sole obligation and BUYER’s exclusive remedy for any breach of the software warranty, will use commercially reasonable efforts to, at its option, (a) correct any reproducible error in the Licensed Software, or (b) replace the defective Licensed Software, as follows: Should a Severity 1 or 2 warranty defect with the Software occur during the 90-day warranty period, Carrier Access will provide, in its sole determination, either (a) software to resolve the defect to be downloaded into the affected units by the BUYER or (b) a documented workaround to address the issue. Severity 1 issues are failures of the Licensed Software to comply with the Carrier Access software specifications and that completely or severely affect the Carrier Access Product and its traffic or service capacity, or maintenance or monitoring capabilities. Severity 2 issues are failures of the Licensed Software to comply with the Carrier Access software specifications and that result in a major degradation of the Carrier Access Product so as to impact its system or service performance, or significant impairments to network operator control or effectiveness. Should a Severity 3 warranty defect with the Licensed Software occur during the 90-day warranty period, Carrier Access will provide assistance to Buyer to determine if a solution or workaround will be provided in a subsequent software release following the reported issue. Severity 3 issues are defined as failures of the Licensed Software to comply with the Carrier Access software specifications but that do not significantly impair the function or service of the Carrier Access Product or the system. Determination of Severity 1, 2 or 3 shall be made solely by Carrier Access following receipt of the reported problem. Refurbished material may be used to repair or replace the Product. BUYER shall bear the risk of loss for Products or Software returned to Carrier Access for repair, replacement, or service, and the same must be shipped pre-paid by BUYER.
Requests for warranty services and troubleshooting must be made to, and will be provided by, the Carrier Access Customer Support Center via telephone during the warranty period and during normal business hours. Normal business hours for Carrier Access Customer Support Center are 7:00 a.m. to 6:00 p.m. Mountain Standard Time, Monday through Friday, excluding weekends and standard Carrier Access recognized holidays.
Limitation of Warranty and Limitation of Remedies. Correction of defects by repair, replacement, or service will be at Carrier Access’s option and constitute Carrier Access’ sole obligation and BUYER’s sole and exclusive remedy under the limited warranty. Any such error correction or replacement provided to BUYER does not extend the original warranty period for hardware or software, respectively.
Carrier Access assumes no warranty liability with respect to defects in the Product or Software caused by:
- modification, repair, installation, operation, or maintenance of the Product or Software by anyone other than Carrier Access or its agent, or as authorized and in accordance with the Carrier Access Documentation; or
- the negligent, unlawful or other improper use or storage of the Product or Software, including its use with incompatible equipment or software; or
- fire, explosion, power failures, acts of God, or any other cause beyond Carrier Access’ reasonable control; or
- handling or transportation after title of the Product passes to BUYER.
Other manufacturer’s equipment or software purchased by Carrier Access and resold to BUYER will be limited to that manufacturer’s warranty. Carrier Access assumes no warranty liability for other manufacturer’s equipment or software furnished by BUYER.
BUYER UNDERSTANDS AND AGREES AS FOLLOWS: Except for the limited warranty set forth above, the Product, License Software and all services performed by Carrier Access hereunder are provided “as is,” without representations or warranties of any kind. Carrier Access does not warrant that the Product, License Software, any hardware or software, or any update, upgrade, fix or workaround furnished to BUYER will meet BUYER’s requirements, that the operation thereof, including any maintenance or major releases thereto will be uninterrupted or error-free.
THE WARRANTIES IN THIS AGREEMENT REPLACE ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, AND ALL OTHER OBLIGATIONS OR LIABILITIES OF CARRIER ACCESS, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND/OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE OR COURSE OF DEALING. ALL OTHER WARRANTIES ARE DISCLAIMED AND EXCLUDED BY CARRIER ACCESS.
THE REMEDIES CONTAINED IN THIS AGREEMENT WILL BE THE SOLE AND EXCLUSIVE REMEDIES WHETHER IN CONTRACT, TORT, OR OTHERWISE, AND CARRIER ACCESS WILL NOT BE LIABLE FOR INJURIES OR DAMAGES TO PERSONS OR PROPERTY RESULTING FROM ANY CAUSE WHATSOEVER, WITH THE EXCEPTION OF INJURIES OR DAMAGES CAUSED BY THE GROSS NEGLIGENCE OF CARRIER ACCESS. THIS LIMITATION APPLIES TO ALL SERVICES, SOFTWARE, AND PRODUCTS DURING AND AFTER THE WARRANTY PERIOD. IN NO EVENT WILL CARRIER ACCESS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, OR COMMERCIAL LOSSES EVEN IF CARRIER ACCESS HAS BEEN ADVISED THEREOF.
No agent, BUYER, or representative is authorized to make any warranties on behalf of Carrier Access or to assume for Carrier Access any other liability in connection with any of Carrier Access’s Products, software, or services.
The foregoing summarizes Carrier Access’ entire product and software warranties, which are subject to change without notice.