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Dead- or Defective-on-Arrival. In the event a product completely fails to function or exhibits a defect in
materials or workmanship within the first forty-eight (48) hours of installation but no later than thirty
(30) days after the date of purchase, and this is verified by 3Com, it will be considered dead- or
defective-on-arrival (DOA) and a replacement shall be provided by advance replacement. The
replacement product will normally be shipped not later than three (3) business days after 3Com’s
verification of the DOA product, but may be delayed due to export or import procedures. When an
advance replacement is provided and Customer fails to return the original product to 3Com within
fifteen (15) days after shipment of the replacement, 3Com will charge Customer for the replacement
product, at list price.
3Com shall not be responsible for any software, firmware, information, or memory data of Customer
contained in, stored on, or integrated with any products returned to 3Com for repair, whether under
warranty or not.
WARRANTIES EXCLUSIVE
IF A 3COM 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 3COM'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. 3COM 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.
3COM SHALL NOT BE LIABLE UNDER THIS WARRANTY IF ITS TESTING AND EXAMINATION 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 ACCIDENT, FIRE, LIGHTNING, OTHER HAZARDS,
OR ACTS OF GOD.
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 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 3COM 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 3COM'S OPTION. THIS
DISCLAIMER OF LIABILITY FOR DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN
SHALL FAIL OF ITS ESSENTIAL PURPOSE.
DISCLAIMER
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.
GOVERNING LAW
This Limited Warranty shall be governed by the laws of the State of California, U.S.A. excluding its
conflicts of laws principles and excluding the United Nations Convention on Contracts for the
International Sale of Goods.
3Com Corporation
5400 Bayfront Plaza
Santa Clara, CA 95054
(408) 326-5000
OC10.book Page 34 Thursday, May 13, 1999 2:33 PM