SMC Networks SMC7008ABR - Manual (Page 41)

41
WARRANTIES EXCLUSIVE:
IF AN SMC PRODUCT DOES NOT OPERATE AS
WARRANTED ABOVE, CUSTOMER’S SOLE REMEDY SHALL BE REPAIR OR
REPLACEMENT OF THE PRODUCT IN QUESTION, AT SMC’S OPTION. THE
FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND ARE IN
LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED,
EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE,
INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. SMC NEITHER ASSUMES NOR
AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER
LIABILITY IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE
OR USE OF ITS PRODUCTS. SMC SHALL NOT BE LIABLE UNDER THIS
WARRANTY IF ITS TESTING AND EXAMINATION DISCLOSE THE ALLEGED
DEFECT IN THE PRODUCT DOES NOT EXIST OR WAS CAUSED BY
CUSTOMER’S OR ANY THIRD PERSON’S MISUSE, NEGLECT, IMPROPER
INSTALLATION OR TESTING, UNAUTHORIZED ATTEMPTS TO REPAIR, OR
ANY OTHER CAUSE BEYOND THE RANGE OF THE INTENDED USE, OR BY
ACCIDENT, FIRE, LIGHTNING, OR OTHER HAZARD. LIMITATION OF
LIABILITY: IN NO EVENT, WHETHER BASED IN CONTRACT OR TORT
(INCLUDING NEGLIGENCE), SHALL SMC BE LIABLE FOR INCIDENTAL,
CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY
KIND, OR FOR LOSS OF REVENUE, LOSS OF BUSINESS, OR OTHER
FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE,
INSTALLATION, MAINTENANCE, USE, PERFORMANCE, FAILURE, OR
INTERRUPTION OF ITS PRODUCTS, EVEN IF SMC OR ITS AUTHORIZED
RESELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES
OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR
CONSUMER PRODUCTS, SO THE ABOVE LIMITATIONS AND EXCLUSIONS
MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS, WHICH MAY VARY FROM STATE TO STATE. NOTHING IN THIS
WARRANTY SHALL BE TAKEN TO AFFECT YOUR STATUTORY RIGHTS.
* SMC will provide warranty service for one year following discontinuance from the
active SMC price list. Under the limited lifetime warranty, internal and external
power supplies, fans, and cables are covered by a standard one-year warranty from
date of purchase.