Polycom 2490 Telephone User Manual


 
SoundStation2 Avaya Administrator Guide - 33
Limited Warranty
Limited Warranty and Limitation of Liability
Polycom warrants to the end user (“Cus-
tomer”) that this product will be free from
defects in workmanship and materials,
under normal use and service, for one year
from the date of purchase from Polycom or
its authorized reseller.
Polycom’s sole obligation under this
express warranty shall be, at Polycom’s
option and expense, to repair the defec
-
tive product or part, deliver to Customer
an equivalent product or part to replace
the defective item, or if neither of the two
foregoing options is reasonably available,
Polycom may, in its sole discretion, refund
to Customer the purchase price paid for
the defective product. All products that
are replaced will become the property of
Polycom. Replacement products or parts
may be new or reconditioned. Polycom
warrants any replaced or repaired product
or part for ninety (90) days from shipment,
or the remainder of the initial warranty
period, whichever is longer.
Products returned to Polycom must be
sent prepaid and packaged appropriately
for safe shipment, and it is recommended
that they be insured or sent by a method
that provides for tracking of the package.
Responsibility for loss or damage does not
transfer to Polycom until the returned item
is received by Polycom. The repaired or
replaced item will be shipped to Customer,
at Polycom’s expense, not later than thirty
(30) days after Polycom receives the
defective product, and Polycom will retain
risk of loss or damage until the item is
delivered to Customer.
LIMITATION OF LIABILITY. TO THE
FULL EXTENT ALLOWED BY LAW,
POLYCOM EXCLUDES FOR ITSELF
AND ITS SUPPLIERS ANY LIABILITY,
WHETHER BASED IN CONTRACT OR
TORT (INCLUDING NEGLIGENCE),
FOR INCIDENTAL, CONSEQUENTIAL,
INDIRECT, SPECIAL, OR PUNITIVE
DAMAGES OF ANY KIND, OR FOR
LOSS OF REVENUE OR PROFITS,
LOSS OF BUSINESS, LOSS OF INFOR-
MATION OR DATA, OR OTHER FI-
NANCIAL LOSS ARISING OUT OF OR
IN CONNECTION WITH THE SALE,
INSTALLATION, MAINTENANCE,
USE, PERFORMANCE, FAILURE, OR
INTERRUPTION OF ITS PRODUCTS,
EVEN IF POLYCOM OR ITS AUTHO-
RIZED RESELLER HAS BEEN AD-
VISED OF THE POSSIBILITY OF SUCH
DAMAGES, AND LIMITS ITS LIABIL-
ITY TO REPAIR, REPLACEMENT, OR
REFUND OF THE PURCHASE PRICE
PAID, AT POLYCOM’S OPTION. THIS
DISCLAIMER OF LIABILITY FOR
DAMAGES WILL NOT BE AFFECTED
IF ANY REMEDY PROVIDED HEREIN
SHALL FAIL
OF ITS ESSENTIAL
PURPOSE.
Exclusions
Polycom will not be liable under this
limited warranty if its testing and
examination disclose that the alleged
defect or malfunction in the product
does not exist or results from:
Failure to follow Polycom’s instal-
lation, operation, or maintenance
instructions;
Unauthorized product modification
or alteration;
Unauthorized use of common car-
rier communication services accessed
through the product;
Abuse, misuse, negligent acts or
omissions of Customer and persons
under Customer’s control; or
Acts of third parties, acts of God,
accident, fire, lightning, power surges
or outages, or other hazards.