3Com 3C16981A - SuperStack 3 Switch 3300 User Manual page 58

I S
NCLUDED ERVICES
W E
ARRANTIES XCLUSIVE
L L
IMITATION OF IABILITY
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
shipment of a replacement product prior to 3Com receiving the defective product is subject to local legal
requirments 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 of 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 to ship the 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 requirments 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 of shipment of the replacement, 3Com will charge
Customer for the replacement product, 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.
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 form 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 froma 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.
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, OTHER HAZARDS, OR ACTS OF
GOD.
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,