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(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 defective 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.
W
ARRANTIES
E
XCLUSIVE
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, AND
SATISFACTORY QUALITY. 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 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 REPAIR
OR MODIFY, OR ANY OTHER CAUSE BEYOND THE RANGE OF THE INTENDED USE, OR BY ACCIDENT, FIRE,
LIGHTNING, OR OTHER HAZARD.
L
IMITATION
OF
L
IABILITY
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.
D
ISCLAIMER
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.
G
OVERNING
L
AW
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 95052-8145 (408) 764-5000