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LIMITED WARRANTY AND LIMITATION OF LIABILITY
Avaya Communications warrants to you that the product will be free from defects in material and
workmanship when title passes to you. If you notify Avaya Communications that the product has failed
to operate as warranted within one year of the date title passes to you. Avaya Communications will, at
its option, repair or replace the component or components of the product that failed to operate as
warranted. Any repair or replacement components may be new or refurbished and will be provided on
an exchange basis. If Avaya Communications determines that the product cannot be repaired or
replaced, Avaya Communications will refund the purchase price to you.
If you purchase the product directly from Avaya Communications, Avaya Communications will perform
warranty repair on your premises in accordance with the terms and conditions of Avaya
Communications “Business Day” or “Around-the-Clock” warranty plans. The details of Avaya
Communications warranty plans may be obtained from Avaya Communications. If you purchased the
product from an authorized dealer, you will be covered by Avaya Communications authorized dealer
plan during the warranty period. Contact your authorized dealer for details of Avaya Communications
authorized dealer warranty plan. Avaya Communications obligation to repair, replace or refund as set
forth above is your exclusive remedy.
The limited warranties provided above do not cover damages, defects, malfunctions or product failures
caused by:
• Failure to follow Avaya Communications installation, operation or maintenance instructions;
• Unauthorized modification or alteration of the product or its components;
• Product abuse, misuse or the negligent acts of persons not under the reasonable control of
Avaya Communications;
• Actions of third parties and acts of God other than power surges (e.g. lightning).
This limited warranty applies only to the product purchased directly from Avaya Communications or
purchased directly from an authorized Avaya Communications dealer. This limited warranty does not
apply to products purchased or operated outside the United States.
You may be required to provide Avaya Communications with proof of purchase before Avaya
Communications will perform any warranty replacements.
EXCEPT AS SPECIFICALLY SET FORTH ABOVE, AVAYA COMMUNICATIONS, ITS AFFILIATES,
SUPPLIERS AND DEALERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AND
SPECIFICALLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.
SoundBrick 500 01/08/2001
16
EXCEPT FOR PERSONAL INJURY, THE LIABILITY OF AVAYA COMMUNICATIONS, ITS
AFFILIATES, SUPPLIERS AND DEALERS FOR ANY CLAIM. LOSS. DAMAGE OR EXPENSE FROM
ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN
CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE LESSER OF DIRECT DAMAGES
PROVEN OR THE REPAIR OR REPLACEMENT COST OF THE SYSTEM OR THE SYSTEM’S
PURCHASE PRICE. IN NO EVENT SHALL AVAYA COMMUNICATIONS, ITS AFFILIATES,
SUPPLIERS AND DEALERS BE LIABLE FOR INCIDENTAL, RELIANCE, CONSEQUENTIAL OR ANY
OTHER INDIRECT LOSS OR DAMAGE (INCLUDING LOST PROFITS OR REVENUES SUSTAINED
OR INCURRED IN CONNECTION WITH THE SYSTEM). THIS LIMITATION OF LIABILITY SHALL
SURVIVE FAILURE OF THE EXCLUSIVE REMEDY SET FORTH IN THE LIMITED WARRANTY
ABOVE.