Limited Warranty And Limitation Of Liability - AT&T Digital Magic Messenger System Operation Instructions Manual

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Limited Warranty and Limitation of Liability

AT&T warrants to you that the product will be free from defects in material and
workmanship when title passes to you. If you notify AT&T that the product has failed
to operate as warranted within one year of the date title passes to you, AT&T will, at
its option, repair or replace the component or components of the product that failed
to operate as warranted. Any repair or replacement components may be new or refur-
bished and will be provided on an exchange basis. If AT&T determines that the
product cannot be repaired or replaced, AT&T will refund the purchase price to you.
If you purchase the product directly from AT&T, AT&T will perform warranty repair on
your premises in accordance with the terms and conditions of AT&T's "Business Day"
or "Around-the-Clock" warranty plans. The details of AT&T's warranty plans may be
obtained from AT&T. If you purchased the product from an authorized dealer, you will
be covered by AT&T's authorized dealer plan during the warranty period. Contact
your authorized dealer for details of AT&T's authorized dealer warranty plan. AT&T's
obligation to repair, replace or refund as set forth above is your exclusive remedy.
The limited warranties provided above do not cover damages, defects, malfunctions
or product failures caused by:
Failure to follow AT&T's installation, operation or maintenance instructions;
Unauthorized modification or alteration of the product or its components;
Product abuse, misuse or the negligent acts of persons not under the
reasonable control of AT&T;
Actions of third parties and acts of God other than power surges (e.g., lightning).
This limited warranty applies only to the product purchased directly from AT&T or
purchased directly from an authorized AT&T dealer. This limited warranty does not
apply to products purchased or operated outside the United States.
You may be required to provide AT&T with proof of purchase before AT&T will per-
form any warranty replacements.
EXCEPT AS SPECIFICALLY SET FORTH ABOVE, AT&T, ITS AFFILIATES, SUPPLIERS
AND DEALERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY
DISCLAIM ANY WARRANTY OF MERCHANTABILlTY OR FITNESS FOR A PAR-
TICULAR PURPOSE.
EXCEPT FOR PERSONAL INJURY, THE LIABILITY OF AT&T, ITS AFFILIATES, SUP-
PLIERS AND DEALERS FOR ANY CLAIM, LOSS, DAMAGE OR EXPENSE FROM ANY
CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WHETHER
IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE LESSER OF
DIRECT DAMAGES PROVEN OR THE REPAIR OR REPLACEMENT COST OF THE
SYSTEM OR THE SYSTEM'S PURCHASE PRICE. IN NO EVENT SHALL AT&T, ITS AF-
FILIATES, SUPPLIERS AND DEALERS BE LIABLE FOR INCIDENTAL, RELIANCE,
CONSEQUENTIAL OR ANY OTHER INDIRECT LOSS OR DAMAGE (INCLUDING LOST
PROFITS OR REVENUES SUSTAINED OR INCURRED IN CONNECTION WITH THE
SYSTEM). THIS LIMITATION OF LIABILITY SHALL SURVIVE FAILURE OF THE EX-
CLUSIVE REMEDY SET FORTH IN THE LIMITED WARRANTY ABOVE.
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