3Com III Handbook page 217

Products or parts shipped by Customer to 3Com must be 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. When an advance exchange is pro-
vided and Customer fails to return the original product or part to 3Com within thirty
(30) days from the date the warranty service authorization is issued, 3Com will charge
Customer the then-current published catalogue price of such product or part.
WARRANTIES EXCLUSIVE: IF THIS PRODUCT DOES NOT OPERATE AS WAR-
RANTED ABOVE, CUSTOMER'S SOLE REMEDY FOR BREACH OF THAT WAR-
RANTY SHALL BE REPLACEMENT OR REPAIR OF THE PRODUCT OR PART OR
REFUND OF THE PURCHASE PRICE PAID, AT 3COM'S OPTION. TO THE FULL EX-
TENT ALLOWED BY LAW, THE FOREGOING WARRANTIES AND REMEDIES ARE
EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, TERMS, OR CON-
DITIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW,
STATUTORY OR OTHERWISE, INCLUDING WARRANTIES, TERMS, OR CONDI-
TIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATIS-
FACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION, AND NON-
INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. 3COM NEI-
THER 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 EX-
AMINATION 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 ACCI-
DENT, FIRE, LIGHTNING, OTHER HAZARDS, OR ACTS OF GOD. THIS WARRAN-
TY DOES NOT COVER PHYSICAL DAMAGE TO THE SURFACE OF THE PRODUCT,
INCLUDING CRACKS OR SCRATCHES ON THE LCD TOUCHSCREEN OR OUT-
SIDE CASING. THIS WARRANTY DOES NOT APPLY WHEN THE MALFUNCTION
RESULTS FROM THE USE OF THIS PRODUCT IN CONJUNCTION WITH ACCESSO-
RIES, OTHER PRODUCTS, OR ANCILLARY OR PERIPHERAL EQUIPMENT AND
3COM DETERMINES THAT THERE IS NO FAULT WITH THE PRODUCT ITSELF.
THIS WARRANTY DOES NOT APPLY TO ANY MALFUNCTION OR FAILURE OF
THE PRODUCT OR PART DUE TO ANY COMMUNICATION SERVICE CUSTOMER
MAY SUBSCRIBE TO OR USE WITH THE PRODUCT.
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 INFORMA-
TION OR DATA, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNEC-
TION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, PERFORMANCE,
FAILURE, OR INTERRUPTION OF THIS PRODUCT, EVEN IF 3COM OR ITS AU-
THORIZED RESELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAM-
AGES, AND LIMITS ITS LIABILITY TO REPLACEMENT, REPAIR, OR REFUND OF
THE PURCHASE PRICE PAID, AT 3COM'S OPTION. THIS DISCLAIMER OF LIABIL-
ITY FOR DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HERE-
IN SHALL FAIL OF ITS ESSENTIAL PURPOSE.
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