Limited Warranty - 3Com SuperStack 4 3C16465B User Manual

L W
IMITED
This warranty applies to customers located in the United States, Australia, Canada
(except Quebec), Ireland, New Zealand, U.K., and other English language countries,
and countries for which a translation into the local language is not provided
SuperStack 3 Baseline 10/100 Switch 12-Port (3C16464B) and
24-Port (3C16465B)
HARDWARE: 3Com warrants to the end user ("Customer") that this hardware
product will be free from defects in workmanship and materials, under normal use
and service, for the following length of time from the date of purchase from 3Com
or its authorized reseller:
Lifetime, for as long as the original Customer owns the product (not transferable to
a subsequent end user)
3Com's sole obligation under this express warranty shall be, at 3Com's option and
expense, to repair the defective product or part, deliver to Customer an equivalent
product or part to replace the defective item, or if neither of the two foregoing
options is reasonably available, 3Com may, in its sole discretion, refund to Customer
the purchase price paid for the defective product. All products that are replaced will
become the property of 3Com. Replacement products or parts may be new or
reconditioned. 3Com warrants any replaced or repaired product or part for ninety
(90) days from shipment, or the remainder of the initial warranty period, whichever
is longer.
SOFTWARE: 3Com warrants to Customer that each software program licensed from
it, except as noted below, will perform in substantial conformance to its program
specifications, for a period of ninety (90) days from the date of purchase from 3Com
or its authorized reseller. 3Com warrants the media containing software against
failure during the warranty period. No updates are provided, unless specifically
included in the Included Services section. 3Com's sole obligation under this express
warranty shall be, at 3Com's option and expense, to refund the purchase price paid
by Customer for any defective software product, or to replace any defective media
with software which substantially conforms to applicable 3Com published
specifications. Customer assumes responsibility for the selection of the appropriate
applications program and associated reference materials. 3Com makes no warranty
or representation that its software products will meet Customer's requirements or
work in combination with any hardware or applications software products provided
by third parties, that the operation of the software products will be uninterrupted or
error free, or that all defects in the software products will be corrected. For any third
party products listed in the 3Com software product documentation or specifications
as being compatible, 3Com will make reasonable efforts to provide compatibility,
except where the non-compatibility is caused by a "bug" or defect in the third
party's product or from use of the software product not in accordance with 3Com's
published specifications or user manual.
THIS 3COM PRODUCT MAY INCLUDE OR BE BUNDLED WITH (1) THIRD PARTY
SOFTWARE, OR (2) 3COM SOFTWARE THAT IS LICENSED "AS IS", THE USE OF
WHICH IS GOVERNED BY A SEPARATE END USER LICENSE AGREEMENT. THIS 3COM
WARRANTY DOES NOT APPLY TO SUCH THIRD PARTY SOFTWARE OR 3COM
SOFTWARE LICENSED "AS IS". FOR THE APPLICABLE WARRANTY, PLEASE REFER TO
THE END USER LICENSE AGREEMENT GOVERNING THE USE OF SUCH SOFTWARE OR
THE ACCOMPANYING DOCUMENTATION RELATING TO SUCH SOFTWARE.
YEAR 2000 WARRANTY: In addition to the Hardware Warranty and Software
Warranty stated above, 3Com warrants that each product sold or licensed to
Customer on and after January 1, 1998 that is date sensitive will continue
performing properly with regard to such date data on and after January 1, 2000,
provided that all other products used by Customer in connection or combination
with the 3Com product, including hardware, software, and firmware, accurately
exchange date data with the 3Com product, with the exception of those products
identified at 3Com's Web site, http://www.3com.com/products/yr2000.html, as not
meeting this standard. If it appears that any product that is stated to meet this
standard does not perform properly with regard to such date data on and after
January 1, 2000, and Customer notifies 3Com within ninety (90) days after purchase
of the product from 3Com or its authorized reseller, 3Com shall, at its option and
expense, provide a software update which would effect the proper performance of
such product, repair such product, deliver to Customer an equivalent product to
replace such product, or if none of the foregoing is feasible, refund to Customer the
purchase price paid for such product.
Any software update or replaced or repaired product will carry a Year 2000 Warranty
for ninety (90) days after purchase.
OBTAINING WARRANTY SERVICE: Customer must contact a 3Com Corporate
Service Center or an Authorized 3Com Service Center within the applicable warranty
period to obtain warranty service authorization. Dated proof of purchase from 3Com
or its authorized reseller may be required. Products returned to 3Com's Corporate
Service Center must be pre-authorized by 3Com with a User Service Order (USO)
number (or a Return Material Authorization (RMA) number or a Service Repair Order
(SRO) number, whichever was issued) marked on the outside of the package, and
sent prepaid and packaged appropriately for safe shipment, and it is recommended
that they be insured or sent by a method that provides for tracking of the package.
Responsibility for loss or damage does not transfer to 3Com until the returned item
is received by 3Com. The repaired or replaced item will be shipped to Customer, at
3Com's expense, not later than thirty (30) days after 3Com receives the defective
product, and 3Com will retain risk of loss or damage until the item is delivered to
Customer.
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 prior to 3Com receiving the defective product, but
only if Customer provides a purchase order number, credit card number, or other
method of payment acceptable to 3Com, to be used if 3Com needs to charge
Customer for the replacement, as explained below. 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
ARRANTY
shipment of a replacement product prior to 3Com receiving the defective product is
subject to local legal requirements and may not be available in all locations. When
such a 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.
Shipment of a Replacement Prior to 3Com Receiving the Defective Product is
provided for five (5) years, after which time it may be available for a specified fee,
but in either case only if Customer provides a purchase order number, credit card
number, or other method of payment acceptable to 3Com, to be used if 3Com
needs to charge Customer for the replacement, as explained below. 3Com will make
commercially reasonable efforts to ship the replacement product not later than five
(5) business days after receiving the request for a replacement, but may be delayed
due to product availability or export or import procedures. The shipment of a
replacement product prior to 3Com receiving the defective product is subject to local
legal requirements and may not be available in all locations. When such a
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, at list price. This replacement prior to 3Com receiving
the defective product is different from the fee-based Advance Hardware Replacement
Service, which is available as a contracted service offering.
INCLUDED SERVICES:
3Com's Electronic Support Services, available at no charge, include 3Com
Knowledgebase, information on known bugs, documentation, release notes, and
publicly available software and firmware upgrades. 3Com reserves the right to
modify or cancel this offering at any time, without advance notice.
Telephone Technical Support, with coverage for basic troubleshooting only, will be
provided at no additional charge for 12 months from the date of purchase, on a
commercially reasonable efforts basis. Telephone support is provided by 3Com only if
Customer purchased this product directly from 3Com, or if Customer's reseller is
unable to provide telephone support. To qualify for this telephone technical support,
Customer must register on the 3Com Web site at
http://support.3Com.com/index.htm, and state the date of purchase, product
number, and serial number. 3Com's response to a request for telephone technical
support will be in the form of a return call from a 3Com representative by close of
business the following business day, defined as 9 a.m. to 5 p.m., local time, Monday
through Friday, excluding local holidays. Please refer to the Technical Support
appendix in the User Guide for telephone numbers.
Software Updates, All software and firmware upgrades and the latest code for this
product downloaded through the 3Com Software Library.
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, 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.
DISCLAIMER: 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.
GOVERNING LAW: This Limited Warranty shall be governed by the laws of the State
of California, U.S.A., and by the laws of the United States, excluding their conflicts
of laws principles. The United Nations Convention on Contracts for the International
Sale of Goods is hereby excluded in its entirety from application to this Limited
Warranty.
3Com Corporation
5400 Bayfront Plaza
P.O. Box 58145
Santa Clara, CA 95052-8145
(408) 326-5000
August 2000
3Com reserves the right to modify or cancel this offering at any time, without
advance notice. This offering is not available where prohibited or restricted by law.
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