Inter-Tel AXXESS Manual page 36

Limited Warranty
® ®
INTER-TEL AXXESS
Limited Warranty
Inter-Tel warrants that its products will, if delivered to the end-user in undamaged condition,
be free from defects in material and workmanship under normal use and service for the period
set forth on the current warranty periods as published in the US Price List from time to time
and substantially in conformance with the documentation (functional and operating specifica-
tions) that Inter-Tel publishes regarding same (end-user reference and operating manuals and
guides relating to the program). Inter-Tel does not, however, warrant that the functions con-
tained in the software program will satisfy Dealer's particular purpose and/or requirements or
that the operation of the program will be uninterrupted or error free.
Inter-Tel shall incur no liability under this warranty and this warranty is voidable by Inter-Tel
(a) if the product is used other than under normal use, with certified repair and maintenance
service and under proper environmental conditions, (b) if the product is subject to abuse, mis-
use, neglect, flooding, lightning, power surges, third-party error or omission, acts of God, dam-
age or accident, (c) if the product is modified or altered (unless expressly authorized in writing
by Inter-Tel), (d) if the product is installed or used in combination or in assembly with products
not supplied or authorized by Inter-Tel and/or which are not compatible with or are of inferior
quality, design or performance to Inter-Tel or Inter-Tel supplied products so as to cause a dimi-
nution or degradation in functionality, (e) if there is a failure to follow specific restrictions in
operating instructions or (f) if payment for product has not been timely made.
The sole obligation of Inter-Tel and the exclusive remedy and recourse of Dealer under this
warranty, or any other legal obligation, with respect to product, including hardware, firmware,
and software media, is for Inter-Tel, at its election, to either repair and/or replace the allegedly
defective or missing product(s) or component(s) and return (prepaid) same (if necessary), or
grant a reimbursement credit with respect to the product or component in the amount of the
sales price to the Dealer. With regard to a software program design defect, however, to the
extent it prevents the program from providing functionality and/or operating as intended by
Inter-Tel, is service affecting, and prevents beneficial use of the product, Inter-Tel does under-
take to use its best efforts to devise a suitable corrective solution to the problem within a rea-
sonable period of time; should said action, however, not substantially resolve the problem, then
Inter-Tel reserves the right to substitute a new release ("stream") of software as soon as it is
generally made available by Inter-Tel. The above, with regard to a software design defect, like-
wise, constitutes the sole obligation of Inter-Tel and exclusive remedy of Dealer hereunder.
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MANUAL VERSION 11.0 – May 2008