AT&T Lucent Technologies PARTNER Plus Installation And Use Manual page 103

AT&T Limited Warranty and Limitation of Liability
Limitation of Liability
AT&T warrants to you, the customer, that your system will be in good working
order on the date AT&T or its authorized reseller delivers or installs the system,
whichever is later ("Warranty Date"). If you notify AT&T or its authorized reseller
within one year of the Warranty Date that your system is not in good working
order, AT&T will without charge to you repair or replace, at its option, the system
components that are not in good working order. Repair or replacement parts
may be new or refurbished and will be provided on an exchange basis. If AT&T
determines that your system cannot be repaired or replaced, AT&T will remove
the system and, at your option, refund the purchase price of your system, or
apply the purchase price towards the purchase of another AT&T system.
If you purchased your system directly from AT&T, AT&T will perform warranty
repair in accordance with the terms and conditions of the specific type of AT&T
maintenance coverage you selected. A written explanation of AT&T's types of
maintenance coverage may be obtained from AT&T by calling 1 800 247-7000.
If you purchased your system from an AT&T-authorized reseller, contact your
reseller for the details of the maintenance plan applicable to your system.
This AT&T limited warranty covers damage to the system caused by power
surges, including lightning.
Unless otherwise expressly agreed to in a written agreement signed by AT&T,
AT&T will not be responsible under this limited warranty for damages resulting
from:
Failure to follow AT&T's installation, operation, or maintenance instructions;
Unauthorized system modification, movement, or alteration;
Unauthorized use of common carrier communication services accessed
through the system;
Abuse, misuse, or negligent acts or omissions of the customer and persons
under the customer's control; or
Acts of third parties and acts of God.
AT&T's obligation to repair, replace, or refund as set forth above is your
exclusive remedy.
Except as specifically set forth above, AT&T, its affiliates, suppliers, and author-
ized resellers make no warranties, express or implied, and specifically disclaim
any warranties of merchantability or fitness for a particular purpose.
Except for personal injury, direct damages to tangible personal property proxi-
mately caused by AT&T, and liability otherwise expressly assumed in a written
agreement signed by AT&T the liability of AT&T its afliliates, suppliers, and
authorized resellers for any claims, losses, damages, or expenses from any
cause whatsoever (including acts or omissions of third parties), regardless of
the form of action, whether in contract, tort, or otherwise, shall not exceed an
amount equal to the lesser of the direct damages proven or the purchase price
of the system. In no event shall AT&T or its affiliates, suppliers, or authorized
resellers be liable for incidental, reliance, consequential, or any other indirect
loss or damage (including lost profits or revenues) incurred in connection with
the system. This limitation of liability shall survive failure of the exclusive remedy
set forth in the limited warranty above.
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