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MV 4440_Ciprico Inc. D-3
MediaVault 4440 User Manual
Disclaimers of Warranty and Limitations of Remedy
EXCEPT AS PROVIDED IN THIS WARRANTY POLICY, CIPRICO INC.
(ON ITS OWN BEHALF AND ON BEHALF OF ANY IF ITS AGENTS)
DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED,
AND SPECIFICALLY DISCLAIMS THE WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
CIPRICO INC. WILL NOT BE LIABLE FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES OR FOR ANY OTHER LOSSES,
EXPENSES OR DAMAGES RELATING TO PRODUCT DEFECTS OR
FAILURES. YOUR SOLE REMEDY, AND CIPRICO INC.’S SOLE
OBLIGATION, WITH RESPECT TO ANY PRODUCT DEFECTS OR
FAILURES (REGARDLESS OF WHETHER YOUR CLAIM IS ASSERTED
IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) SHALL BE
(AT CIPRICO INC.’S OPTION) REPAIR, REPLACEMENT OR REFUND
OF THE PRICE PAID.
Inspection and Acceptance
Customer shall inspect all shipments within forty-eight (48) hours after
arrival and notify Ciprico Inc. in writing within two (2) days of any shortages
or other failures to conform to the Agreement which are reasonably
recoverable upon arrival, including, without limitation, any claim that
product fail to conform to the applicable specification. Customer shall allow
Ciprico Inc. a reasonable opportunity to inspect the product to enable
Ciprico Inc. to verify the alleged nonconformity. Customer’s failure to
timely notify Ciprico Inc. in writing of any alleged nonconformity of product
or sale or any processing of the product shall constitute an immediate and
irrevocable acceptance of product and an acknowledgment by customer
that product delivered was accepted.