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Access Navigator - Release 1.8 August 2003 1ix
Preface
Warranty
Carrier Access Corporation conditionally warrants to BUYER that PRODUCTS are free from
substantial defect in material and workmanship under normal use given proper installation and
maintenance for the period of five years from the date of shipment by Carrier Access Corporation.
BUYER will promptly notify Carrier Access Corporation of any defect in the PRODUCT. Carrier
Access Corporation or its agent will have the right to inspect the PRODUCT or workmanship on
BUYER’S or BUYER’S customer premises. Carrier Access Corporation has the option to: (a) repair,
replace or service at its factory or on the premises the PRODUCT or workmanship found to be
defective; or (b) credit BUYER for the
PRODUCT in accordance with Carrier Access Corporation’s
depreciation policy. Refurbished material may be used to repair or replace the PRODUCT.
PRODUCTS returned to Carrier Access Corporation for repair, replacement, or credit will be shipped
prepaid to BUYER.
Limitations of Warranty & Limitation of Remedies
Correction of defects by repair, replacement, service or credit will be at Carrier Access Corporation’s
option and constitute fulfillment of all obligations to buyer for breach of warranty.
Carrier Access Corporation assumes no warranty liability with respect to defects in the PRODUCT
caused by: (a) modification, repair, installation, operation or maintenance of the PRODUCT by anyone
other than Carrier Access Corporation or its agent, except as described in Carrier Access Corporation’s
documentation; or (b) the negligent or other improper use of the PRODUCT; or (c) handling or
transportation after title of the PRODUCT passes to BUYER.
Other manufacturer’s equipment purchased by Carrier Access Corporation and resold to BUYER will
be limited to that manufacture’s warranty. Carrier Access Corporation assumes no warranty liability for
other manufacturer’s equipment furnished by BUYER.
Buyer understands and agrees as follows: the warranties in this agreement replace all other warranties,
expressed or implied, and all other obligations or liabilities of Carrier Access Corporation, including
any warranties of merchantability and fitness for a particular purpose. All other warranties are
disclaimed and excluded by Carrier Access Corporation.
The remedies contained in this agreement will be the sole and exclusive remedies whether in contract,
tort or otherwise, and Carrier Access Corporation will not be liable for injuries or damages to persons
or property resulting from any case whatsoever, with the exception of injuries or damages caused by the
gross negligence of Carrier Access Corporation. These limitations apply to all services, software, and
products during and after the warranty period. In no event will Carrier Access Corporation be liable for
any special, incidental, or consequential damages or commercial losses even if Carrier Access
Corporation has been advised thereof.
No agent, distributor, or representative is authorized to make any warranties on behalf of Carrier Access
Corporation or to assume for Carrier Access Corporation any other liability in connection with any of
Carrier Access Corporation’s PRODUCTS, Software, or Services.