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EdgeFLEX 600 - Release 2.0 xi
Preface
Warranty
Warranty
Carrier Access warrants to Distributor that Products are free from substantial defect in material and
workmanship under normal use given proper installation and maintenance for period of five (5) years
from the date of shipment by Carrier Access. This warranty shall not apply to Products that have been
either resold or transferred from Distributor’s customer to any other party. Any such transfer shall void
the above warranty.
Distributor will promptly notify Carrier Access of any defect in the Product. Carrier Access or its agent
will have the right to inspect the Product or workmanship on Distributor’s premises or Distributor’s
customer’s premises. Carrier Access 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’s depreciation policy. Refurbished material may be used
to repair or replace the Product. Products returned to Carrier Access for repair, replacement, or service
will be shipped prepaid by Distributor.
Limitation of Warranty & Limitation of Remedies
Correction of defects by repair, replacement, or service will be at Carrier Access’s option and constitute
fulfillment of all obligations to Distributor for breach of warranty.
Carrier Access 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 or its agent, except as described in Carrier Access’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 Distributor.
Other manufacturer’s equipment purchased by Carrier Access and resold to Distributor will be limited
to that manufacturer’s warranty. Carrier Access assumes no warranty liability for other manufacturer’s
equipment furnished by Distributor.
Distributor 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, INCLUDING ANY WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL OTHER
WARRANTIES ARE DISCLAIMED AND EXCLUDED BY CARRIER ACCESS.
THE REMEDIES CONTAINED IN THIS AGREEMENT WILL BE THE SOLE AND EXCLUSIVE
REMEDIES WHETHER IN CONTRACT, TORT, OR OTHERWISE, AND CARRIER ACCESS
WILL NOT BE LIABLE FOR INJURIES OR DAMAGES TO PERSONS OR PROPERTY
RESULTING FROM ANY CAUSE WHATSOEVER, WITH THE EXCEPTION OF INJURIES OR
DAMAGES CAUSED BY THE GROSS NEGLIGENCE OF CARRIER ACCESS.
THIS LIMITATION APPLIES TO ALL SERVICES, SOFTWARE, AND PRODUCTS DURING
AND AFTER THE WARRANTY PERIOD. IN NO EVENT WILL CARRIER ACCESS BE LIABLE
FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR COMMERCIAL
LOSSES EVEN IF CARRIER ACCESS HAS BEEN ADVISED THEREOF.
No agent, Distributor, or representative is authorized to make any warranties on behalf of Carrier
Access or to assume for Carrier Access any other liability in connection with any of Carrier Access’s
Products, software, or services.