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Lucent Technologies Limited Warranty and Limitation of
Liability
B-3
will remove the system and, at your option, refund the purchase price of your
system or apply the purchase price towards the purchase of another Lucent
Technologies system.
If you purchased your system directly from Lucent Technologies, Lucent
Technologies will perform warranty repair in accordance with the terms and
conditions of the specific type of Lucent Technologies maintenance coverage you
selected. A written explanation of Lucent Technologies’ types of maintenance
coverage may be obtained from Lucent Technologies by calling 1 800 247-7000
(in the continental U.S. only). If you purchased your system from a Lucent
Technologies authorized reseller, contact your reseller for the details of the
maintenance plan applicable to your system.
This Lucent Technologies limited warranty covers damage to the system caused
by power surges.
Unless otherwise expressly agreed to in a written agreement signed by Lucent
Technologies, Lucent Technologies will not be responsible under this limited
warranty for damages resulting from:
Failure to follow Lucent Technologies’ installation, operation, or
maintenance instructions;
Unauthorized system modification, movement, or alteration;
Unauthorized use of common carrier communication services accessed
through the system;
Abuse, misuse, or negligent acts or omissions of the customer and persons
under the customer’s control; or
Acts of third parties and acts of God.
For warranted items that were not installed by Lucent Technologies (self-installed)
and are not covered by a Service Protection Plan, the means of warranty
fulfillment on the product is to ship the replacement item to you, or at Lucent
Technologies’ discretion, to dispatch a technician to repair or replace the product.
Lucent Technologies’ OBLIGATION TO REPAIR, REPLACE, OR REFUND, AS
SET FORTH ABOVE, IS YOUR EXCLUSIVE REMEDY.
EXCEPT AS SPECIFICALLY SET FORTH ABOVE, Lucent Technologies, ITS
AFFILIATES, SUPPLIERS, AND DEALERS MAKE NO WARRANTIES,
EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM ANY WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
Except as provided below, the liability of Lucent Technologies and its affiliates and
suppliers for any claims, losses, damages, or expenses from any cause
whatsoever (including acts or omissions of third parties), regardless of the form of
action, whether in contract, tort, or otherwise, shall not exceed the lesser of: (1)
the direct damages proven; or (2) the repair cost, replacement cost, license fee,
annual rental charge, or purchase price, as the case may be, of the equipment