Equipment
Warranty
January, 2003
WARRANTY
AND FITNESS FOR A PARTICULAR USE
SOVERNET WARRANTS TO CUSTOMER ONLY THAT EQUIPMENT IS IN GOOD WORKING CONDITION
UPON SHIPMENT TO CUSTOMER. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, SOVERNET
MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT
TO THE EQUIPMENT, AND SOVERNET SPECIFICALLY DISCLAIMS ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER ACKNOWLEDGES
THAT CUSTOMER IS PURCHASING OR RECEIVING THE EQUIPMENT FROM SOVERNET "AS
IS."
ONE
YEAR LIMITED WARRANTY FOR SOVERNET-PROVIDED EQUIPMENT
SoVerNet offers a limited warranty for equipment it sells to Customers
or a period of one year from the date it first sends or delivers the equipment.
The limited warranty is available to a Customer with a valid SoVerNet
data and/or voice account, paid up to date, for eligible equipment provided
by SoVerNet for which Customer has provided a suitable installation environment;
i.e., the equipment has at all times been properly installed, maintained,
powered and adequately protected with surge suppression.
The Customer agrees to provide cooperation and assistance in troubleshooting
the equipment, should there be a failure in the operation of the equipment.
At SoVerNet's sole option, SoVerNet shall repair or replace the eligible
equipment, should it determine, in its sole discretion, that the eligible
equipment does not function properly. The replacement or repair of equipment
shall not extend the original one-year warranty period.
Under the ONE YEAR LIMITED WARRANTY FOR SOVERNET-PROVIDED EQUIPMENT, SoVerNet specifically does not warrant:
- any product, components, or parts not provided by SoVerNet;
- defects caused by failure to provide a suitable installation environment for the product; i.e., equipment must be properly installed, maintained, powered and adequately protected by a surge suppressor.
- damage caused by use of the Equipment for purposes other than those for which it was designed;
- damage caused by "Acts of God," and/or events considered "force majeure" such as fire, flood, wind, and lightning;
- damage caused by unauthorized attachments or modifications;
- damage during shipment; or
- any other abuse or misuse by Customer or any third party.
LIMITATION
OF LIABILITY
THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY
PURPOSE. In no event will SoVerNet be liable for any special, incidental,
or consequential damages based on breach of warranty, breach of contract,
negligence, strict tort, or any other legal theory. Damages that SoVerNet
will not be responsible for include, but are not limited to, loss of profits;
loss of savings or revenue; loss of use of the equipment or any associated
equipment; cost of capital; cost of any substitute equipment, facilities,
or services; downtime; the claims of third parties including customers;
and injury to property. Any action for breach of the foregoing ONE YEAR
LIMITED WARRANTY FOR SOVERNET-PROVIDED EQUIPMENT must be commenced within
fifteen (15) months following the delivery of the original equipment to
Customer.