Nortel 2350 Installation And Basic Configuration Manual page 4

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The End Customer or their designated reseller must obtain a Return Material Authorization number (RMA
number) from Nortel for the non-conforming Product and the non-conforming Product must be returned to
Nortel according to the then-current RMA procedures. The End Customer or their designated reseller is
responsible to ensure that the shipments are insured, with the transportation charges prepaid and that the RMA
number is clearly marked on the outside of the package. Nortel will not accept collect shipments or those
returned without an RMA number clearly visible on the outside of the package.
Exclusions and Restrictions
Nortel shall not be responsible for any software, firmware, information or memory data contained in, stored
on or integrated with any Product returned to Nortel pursuant to any warranty or repair.
Upon return of repaired or replaced Products by Nortel , the warranty with respect to such Products will
continue for the remaining unexpired warranty or sixty (60) days, whichever is longer. Nortel may provide
out-of-warranty repair for the Products at its then-prevailing repair rates.
The limited warranty for the Product does not apply if, in the judgment of Nortel , the Product fails due to
damage from shipment, handling, storage, accident, abuse or misuse, or it has been used or maintained in a
manner not conforming to Product manual instructions, has been modified in any way, or has had any Serial
Number removed or defaced. Repair by anyone other than Nortel or an approved agent will void this
warranty.
EXCEPT FOR ANY EXPRESS LIMITED WARRANTIES FROM Nortel Networks SET FORTH ABOVE,
THE PRODUCT IS PROVIDED "AS IS", AND Nortel Networks AND ITS SUPPLIERS MAKE NO
WARRANTY, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO PRODUCT
OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF
TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR
THOSE ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE. Nortel
Networks'S SUPPLIERS MAKE NO DIRECT WARRANTY OF ANY KIND TO END CUSTOMER FOR
THE LICENSED MATERIALS. NEITHER Nortel Networks NOR ANY OF ITS SUPPLIERS WARRANT
THAT THE LICENSED MATERIALS OR ANY PART THEREOF WILL MEET END CUSTOMER'S
REQUIREMENTS OR BE UNINTERRUPTED, OR ERROR-FREE, OR THAT ANY ERRORS IN THE
PRODUCT WILL BE CORRECTED. SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLU-
SION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO END
CUSTOMER. THIS LIMITED WARRANTY GIVES END CUSTOMER SPECIFIC LEGAL RIGHTS. END
CUSTOMER MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO
STATE/JURISDICTION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Nortel
Networks OR ITS SUPPLIERS BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES, LOSS OF PROFITS, OR FOR ANY SPECIAL, CONSEQUENTIAL, INCI-
DENTAL, PUNITIVE OR INDIRECT DAMAGES (OR DIRECT DAMAGES IN THE CASE OF Nortel
Networks'S SUPPLIERS) ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT
(INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHERWISE
ARISING OUT OF OR RELATED TO THE PRODUCT OR ANY USE OR INABILITY TO USE THE
PRODUCT. Nortel Networks'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE
PRODUCT, OR USE OR INABILITY TO USE THE PRODUCT, WHETHER IN CONTRACT, TORT
(INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHERWISE,
SHALL NOT EXCEED THE PRICE PAID FOR THE PRODUCT. THE LIMITATIONS SET FORTH IN
THIS SECTION SHALL APPLY EVEN IF Nortel Networks AND/OR ITS SUPPLIERS ARE ADVISED OF
THE POSSIBILITY OF SUCH DAMAGE, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL
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