Limited Warranty and Limitation of Liability
Polycom warrants to the end user
(“Customer”) that this product will be
free from defects in workmanship and
materials, under normal use and service,
for one year from the date of purchase from
Polycom or its authorized reseller.
Polycom’s sole obligation under this
express warranty shall be, at Polycom’s
option and expense, to repair the defective
product or part, deliver to Customer an
equivalent product or part to replace the
defective item, or if neither of the two
foregoing options is reasonably available,
Polycom may, in its sole discretion, refund
to Customer the purchase price paid for
the defective product. All products that
are replaced will become the property of
Polycom. Replacement products or parts
may be new or reconditioned. Polycom
warrants any replaced or repaired product
or part for ninety (90) days from shipment,
or the remainder of the initial warranty
period, whichever is longer.
Products returned to Polycom 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.
Responsibility for loss or damage does not
transfer to Polycom until the returned item
is received by Polycom. The repaired or
replaced item will be shipped to Customer,
at Polycom’s expense, not later than thirty
(30) days after Polycom receives the
defective product, and Polycom will retain
risk of loss or damage until the item is
delivered to Customer.
LIMITATION OF LIABILITY. TO THE
FULL EXTENT ALLOWED BY LAW,
POLYCOM 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 INFORMATION OR
DATA, OR OTHER FINANCIAL LOSS
ARISING OUT OF OR IN CONNECTION
WITH THE SALE, INSTALLATION,
MAINTENANCE, USE, PERFORMANCE,
FAILURE, OR INTERRUPTION OF ITS
PRODUCTS, EVEN IF POLYCOM OR ITS
AUTHORIZED RESELLER HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, AND LIMITS ITS LIABILITY
TO REPAIR, REPLACEMENT, OR REFUND
OF THE PURCHASE PRICE PAID, AT
POLYCOM’S OPTION. THIS DISCLAIMER
OF LIABILITY FOR DAMAGES WILL
NOT BE AFFECTED IF ANY REMEDY
PROVIDED HEREIN SHALL FAIL OF ITS
ESSENTIAL PURPOSE.
Limited Warranty
Polycom will not be liable under this
limited warranty if its testing
and examination disclose that the alleged
defect or malfunction in the product does
not exist or results from
Failure to follow Polycom’s installation,
operation, or maintenance instructions;
Unauthorized product modification
or alteration;
Unauthorized use of common carrier
communication services accessed
through the product;
Abuse, misuse, negligent acts or omis-
sions of Customer and persons under
Customer’s control; or
Acts of third parties, acts of God,
accident, fire, lighting, power surges
or outages, or other hazards.
Exclusions
Some countries, states, or provinces do not
allow the exclusion or limitation of implied
warranties or the limitation of incidental or
consequential damages for certain products
supplied to consumers, or the limitation
of liability for personal injury, so the
above limitations and exclusions may be
limited in their application to you. When
the implied warranties are not allowed
to be excluded in their entirety, they
will be limited to the duration of the
applicable written warranty. This warranty
gives you specific legal rights which may
vary depending on local law.
Disclaimer
This Limited Warranty and Limitation of
Liability shall be governed by the laws of
the State of California, U.S.A., and by the
laws of the United States, excluding
their conflicts of laws principles. The
United Nations Convention on Contracts
for the International Sale of Goods is
hereby excluded in its entirety from
application to this Limited Warranty
and Limitation of Liability.
Governing Laws
If you purchased your product from
a Polycom Authorized Reseller, contact
the Authorized Reseller for information
about service agreements applicable to
your product. For technical assistance
or information on service programs,
please visit Polycom’s website at
www.polycom.com and select the Support
menu.
Service Agreements
WARRANTY EXCLUSIVE. IF A POLYCOM
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 POLYCOM’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.
POLYCOM 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.
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