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Appendix
4.WARRANTY CLAIM PROCEDURE
All warranty claims must be made by notifying
Distributor prior to the expiration of the war-
ranty period. Distributor's obligation to provide
warranty support shall not extend past the end
of the warranty period, except that any product
repaired or replaced during the warranty period
shall continue to be warranted for the balance
of such warranty period or thirty (30) days,
whichever is greater.
Throughout the warranty period, Support will
be available Monday through Sunday from 8:00
a.m. to 8:00 p.m. EST (English) and Monday
through Saturday from 7:00 a.m. to 12:00 p.m.
(noon) EST (French), excluding National holi-
days. Support service will be provided for you
by accessing the toll free customer service
number:
1-866-247-8758
5.LIMITATION OF WARRANTY
Distributor or Gigaset Communications makes
no warranty or representation that the soft-
ware in the Products will meet your require-
ments or will work in combination with any
hardware or applications software products
provided by third parties, that the operation of
the software will be uninterrupted or error free,
or that all defects in the software products will
be corrected.
6. LIMITATION ON REMEDIES; NO
CONSEQUENTIAL OR OTHER
DAMAGES
Your exclusive remedy for any breach of this
limited warranty is as set forth above. Except for
any refund elected by Distributor, YOU ARE
NOT ENTITLED TO ANY DAMAGES, INCLUD-
ING BUT NOT LIMITED TO CONSEQUENTIAL
DAMAGES, if the Product does not meet the
limited warranty, and, to the maximum extent
allowed by applicable law, even if any remedy
fails of its essential purpose. The terms below
("Exclusion of Incidental, Consequential and
Certain Other Damages") are also incorporated
into this limited warranty . Some provinces/
jurisdictions do not allow the exclusion or limi-
tation of incidental or consequential damages,
so the above limitation or exclusion may not
apply to you. This limited warranty gives you
specific legal rights. You may have others which
vary from province/jurisdiction to province/
jurisdiction.
38
7.DISCLAIMER OF WARRANTIES
DISTRIBUTOR AND ITS SUPPLIERS (INCLUDING
GIGASET COMMUNICATIONS) PROVIDE THE
PRODUCT AND SUPPORT SERVICES (IF ANY) AS
IS AND WITH ALL FAULTS. THE LIMITED WAR-
RANTIES OR CONDITIONS ARE IN LIEU OF ANY
OTHER EXPRESS WARRANTIES OR CONDITIONS
(IF ANY) CREATED BY ANY DOCUMENTATION OR
PACKAGING EXCEPT FOR THE LIMITED WAR-
RANTY OR CONDITION, AND TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW IS IN
LIEU OF ANY IMPLIED OR STATUTORY WARRAN-
TIES OR CONDITIONS INCLUDING, BUT NOT LIM-
ITED TO, THE IMPLIED WARRANTIES OR CONDI-
TIONS OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE, OF ACCURACY OR
COMPLETENESS OR RESPONSES, OF RESULTS,
OF WORKMANLIKE EFFORT, OF LACK OF
VIRUSES AND OF LACK OF NEGLIGENCE, ALL
WITH REGARD TO THE PRODUCT, AND THE PRO-
VISION OF OR FAILURE TO PROVIDE SUPPORT
SERVICES. ALSO, THERE IS NO WARRANTY OR
CONDITION OF TITLE, QUIET ENJOYMENT,
QUIET POSSESSION, OR CORRESPONDENCE TO
DESCRIPTION OR NON-INFRINGEMENT WITH
REGARD TO THE PRODUCT. Some provinces do
not allow limitations on how long an implied
warranty lasts or the exclusion or limitation of
incidental or consequential damages, so the
above exclusions or limitations may not apply
to you. If an implied warranty or condition is
created by your province and federal or provin-
cial law prohibits disclaimer of it, you also have
an implied warranty or condition, BUT ONLY AS
TO DEFECTS DISCOVERED DURING THE PERIOD
OF THIS LIMITED WARRANTY (ONE YEAR). AS
TO ANY DEFECTS DISCOVERED AFTER THE ONE
YEAR PERIOD, THERE IS NO WARRANTY OR CON-
DITION OF ANY KIND. This limited warranty
gives you specific legal rights, and you may also
have other rights which vary from province to
province. In no event shall Distributor's and any
of its suppliers' (including Gigaset Communica-
tions) liability exceed the cost of repairing or
replacing defective Products as provided
herein, and any such liabilities will terminate
upon expiration of the warranty period.
Any supplements or updates to the Product or
the software in the Product, including without
limitation, any (if any) software fixes or
upgrades or bug fixes provided to you after the
expiration of the one year limited warranty
period are not covered by any warranty or con-
dition, express, implied or statutory.
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