Netopia 4752 - Manual (Page 283)

Limited Warranty and Limitation of Remedies 1
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Netopia warrants to you, the end user, that the Netopia 4752 SDSL Integrated Access Device (the “Product”)
will be free from defects in materials and workmanship under normal use for a period of one (1) year from date
of purchase. Netopia’s entire liability and your sole remedy under this warranty during the warranty period is
that Netopia shall, at its option, either repair the Product or refund the original purchase price of the Product.
In order to make a claim under this warranty you must comply with the following procedure:
1. Contact Netopia Customer Ser vice within the warranty period to obtain a Return Materials Authorization
(“RMA”) number.
2. Return the defective Product and proof of purchase, shipping prepaid, to Netopia with the RMA number
prominently displayed on the outside of the package.
If you are located outside of the United States or Canada, please contact your dealer in order to arrange for
warranty ser vice.
THE ABOVE WARRANTIES ARE MADE BY NETOPIA ALONE, AND THEY ARE THE ONLY WARRANTIES MADE BY
ANYONE REGARDING THE ENCLOSED PRODUCT. NETOPIA AND ITS LICENSOR(S) MAKE NO OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MER-
CHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE ENCLOSED PRODUCT. EXCEPT AS
OTHERWISE EXPRESSLY PROVIDED ABOVE, NETOPIA AND ITS LICENSOR(S) DO NOT WARRANT, GUARANTEE OR
MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCT IN TERMS
OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE
RESULTS AND PERFORMANCE OF THE PRODUCT IS ASSUMED BY YOU. THE EXCLUSION OF IMPLIED
WARRANTIES IS NOT PERMITTED BY SOME STATES OR JURISDICTIONS, SO THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU. IN THAT CASE, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS
FROM THE DATE OF DELIVERY OF THE PRODUCT. THERE MAY BE OTHER RIGHTS THAT YOU MAY HAVE WHICH
VARY FROM JURISDICTION TO JURISDICTION.
REGARDLESS OF WHETHER OR NOT ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN
NO EVENT WILL NETOPIA, ITS LICENSOR(S) AND THE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS OF ANY
OF THEM BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING
DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
AND THE LIKE) ARISING OUT THE USE OR INABILITY TO USE THE PRODUCT EVEN IF NETOPIA OR ITS
LICENSOR(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NETOPIA AND ITS LICENSOR(S)
LIABILITY TO YOU FOR ACTUAL DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM
OF THE ACTION (WHETHER IN CONTRACT, TORT [INCLUDING NEGLIGENCE], PRODUCT LIABILITY OR
OTHERWISE), WILL BE LIMITED TO $50. v.697