D-Link 3250TG Product Manual - Page 131

Non-Applicability of Warranty, Submitting A Claim, What Is Not Covered, Disclaimer of Other

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D-Link DES-3250TG Standalone Layer 2 Switch Software will be free of physical defects. D-Link's sole obligation shall be to replace the non-conforming Software (or defective media) with software that substantially conforms to D-Link's functional specifications for the Software or to refund at D-Link's sole discretion. Except as otherwise agreed by D-Link in writing, the replacement Software is provided only to the original licensee, and is subject to the terms and conditions of the license granted by D-Link for the Software. Software will be warranted for the remainder of the original Warranty Period from the date or original retail purchase. If a material non-conformance is incapable of correction, or if D-Link determines in its sole discretion that it is not practical to replace the non-conforming Software, the price paid by the original licensee for the non-conforming Software will be refunded by D-Link; provided that the non-conforming Software (and all copies thereof) is first returned to D-Link. The license granted respecting any Software for which a refund is given automatically terminates. Non-Applicability of Warranty: The Limited Warranty provided hereunder for hardware and software of D-Link's products, will not be applied to and does not cover any product purchased through the inventory clearance or liquidation sale or other sales in which D-Link, the sellers, or the liquidators expressly disclaim their warranty obligation pertaining to the product and in that case, the product is being sold "As-Is" without any warranty whatsoever including, without limitation, the Limited Warranty as described herein, notwithstanding anything stated herein to the contrary. Submitting A Claim: Any claim under this limited warranty must be submitted in writing before the end of the Warranty Period to an Authorized D-Link Service Office. The customer must submit as part of the claim a written description of the Hardware defect or Software nonconformance in sufficient detail to allow D-Link to confirm the same. The original product owner must obtain a Return Material Authorization ("RMA") number from the Authorized D-Link Service Office and, if requested, provide written proof of purchase of the product (such as a copy of the dated purchase invoice for the product) before the warranty service is provided. After an RMA number is issued, the defective product must be packaged securely in the original or other suitable shipping package to ensure that it will not be damaged in transit, and the RMA number must be prominently marked on the outside of the package. Do not include any manuals or accessories in the shipping package. D-Link will only replace the defective portion of the Product and will not ship back any accessories. The customer is responsible for all shipping charges to D-Link. No Charge on Delivery ("COD") is allowed. Products sent COD will either be rejected by D-Link or become the property of D-Link. Products should be fully insured by the customer and shipped to D-Link Systems, Inc., 53 Discovery Drive, Irvine, CA 92618. D-Link will not be held responsible for any packages that are lost in transit to DLink. The repaired or replaced packages will be shipped via UPS Ground or any common carrier selected by D-Link, with shipping charges prepaid. Expedited shipping is available if shipping charges are prepaid by the customer. D-Link may reject or return any product that is not packaged and shipped in strict compliance with the foregoing requirements, or for which an RMA number is not visible from the outside of the package. The product owner agrees to pay D-Link's reasonable handling and return shipping charges for any product that is not packaged and shipped in accordance with the foregoing requirements, or that is determined by D-Link not to be defective or non-conforming. What Is Not Covered: This limited warranty provided by D-Link does not cover: Products, if in D-Link's judgment, have been subjected to abuse, accident, alteration, modification, tampering, negligence, misuse, faulty installation, lack of reasonable care, repair or service in any way that is not contemplated in the documentation for the product, or if the model or serial number has been altered, tampered with, defaced or removed; Initial installation, installation and removal of the product for repair, and shipping costs; Operational adjustments covered in the operating manual for the product, and normal maintenance; Damage that occurs in shipment, due to act of God, failures due to power surge, and cosmetic damage; Any hardware, software, firmware or other products or services provided by anyone other than D-Link; Products that have been purchased from inventory clearance or liquidation sales or other sales in which D-Link, the sellers, or the liquidators expressly disclaim their warranty obligation pertaining to the product. Repair by anyone other than D-Link or an Authorized D-Link Service Office will void this Warranty. Disclaimer of Other Warranties: EXCEPT FOR THE LIMITED WARRANTY SPECIFIED HEREIN, THE PRODUCT IS PROVIDED "AS-IS" WITHOUT ANY WARRANTY OF ANY KIND WHATSOEVER INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IF ANY IMPLIED WARRANTY CANNOT BE DISCLAIMED IN ANY TERRITORY WHERE A PRODUCT IS SOLD, THE DURATION OF SUCH IMPLIED WARRANTY SHALL BE LIMITED TO NINETY (90) DAYS. EXCEPT AS EXPRESSLY COVERED UNDER THE LIMITED WARRANTY PROVIDED HEREIN, THE ENTIRE RISK AS TO THE QUALITY, SELECTION AND PERFORMANCE OF THE PRODUCT IS WITH THE PURCHASER OF THE PRODUCT. Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, D-LINK IS NOT LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOSS OF USE OF THE PRODUCT, INCONVENIENCE OR DAMAGES OF ANY CHARACTER, WHETHER DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, LOSS OF REVENUE OR PROFIT, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, FAILURE OF OTHER EQUIPMENT OR COMPUTER PROGRAMS TO WHICH D-LINK'S PRODUCT IS CONNECTED WITH, LOSS OF INFORMATION OR DATA CONTAINED IN, STORED ON, OR INTEGRATED WITH ANY PRODUCT RETURNED TO D-LINK FOR WARRANTY SERVICE) RESULTING FROM THE USE OF THE PRODUCT, RELATING TO WARRANTY SERVICE, OR ARISING OUT OF ANY BREACH OF THIS LIMITED WARRANTY, EVEN IF D-LINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SOLE REMEDY FOR A BREACH OF THE FOREGOING LIMITED WARRANTY IS REPAIR, REPLACEMENT OR REFUND OF THE DEFECTIVE OR NON-CONFORMING PRODUCT. THE MAXIMUM LIABILITY OF D-LINK UNDER THIS WARRANTY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCT COVERED BY THE WARRANTY. THE FOREGOING EXPRESS WRITTEN WARRANTIES AND REMEDIES ARE EXCLUSIVE AND ARE IN LIEU OF ANY OTHER WARRANTIES OR REMEDIES, EXPRESS, IMPLIED OR STATUTORY. Governing Law: This Limited Warranty shall be governed by the laws of the state of California. Some states do not allow exclusion or limitation of incidental or consequential damages, or limitations on how long an implied warranty lasts, so the foregoing limitations and exclusions may not apply. This limited warranty provides specific legal rights and the product owner may also have other rights which vary from state to state. 123

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D-Link DES-3250TG Standalone Layer 2 Switch
Software will be free of physical defects. D-Link’s sole obligation shall be to replace the non-conforming Software (or defective media) with software
that substantially conforms to D-Link’s functional specifications for the Software or to refund at D-Link’s sole discretion.
Except as otherwise
agreed by D-Link in writing, the replacement Software is provided only to the original licensee, and is subject to the terms and conditions of the
license granted by D-Link for the Software.
Software will be warranted for the remainder of the original Warranty Period from the date or original
retail purchase.
If a material non-conformance is incapable of correction, or if D-Link determines in its sole discretion that it is not practical to
replace the non-conforming Software, the price paid by the original licensee for the non-conforming Software will be refunded by D-Link; provided
that the non-conforming Software (and all copies thereof) is first returned to D-Link.
The license granted respecting any Software for which a refund
is given automatically terminates.
Non-Applicability of Warranty:
The Limited Warranty provided hereunder for hardware and software of D-Link's products, will not be applied to
and does not cover any product purchased through the inventory clearance or liquidation sale or other sales in which D-Link, the sellers, or the
liquidators expressly disclaim their warranty obligation pertaining to the product and in that case, the product is being sold "As-Is" without any
warranty whatsoever including, without limitation, the Limited Warranty as described herein, notwithstanding anything stated herein to the
contrary.
Submitting A Claim
:
Any claim under this limited warranty must be submitted in writing before the end of the Warranty Period to an Authorized
D-Link Service Office.
z
The customer must submit as part of the claim a written description of the Hardware defect or Software nonconformance in sufficient
detail to allow D-Link to confirm the same.
z
The original product owner must obtain a Return Material Authorization (“RMA”) number from the Authorized D-Link Service Office and, if
requested, provide written proof of purchase of the product (such as a copy of the dated purchase invoice for the product) before the
warranty service is provided.
z
After an RMA number is issued, the defective product must be packaged securely in the original or other suitable shipping package to
ensure that it will not be damaged in transit, and the RMA number must be prominently marked on the outside of the package.
Do not
include any manuals or accessories in the shipping package.
D-Link will only replace the defective portion of the Product and will not
ship back any accessories.
z
The customer is responsible for all shipping charges to D-Link.
No Charge on Delivery (“COD”) is allowed.
Products sent COD will either
be rejected by D-Link or become the property of D-Link.
Products should be fully insured by the customer and shipped to D-Link
Systems, Inc., 53 Discovery Drive, Irvine, CA 92618.
D-Link will not be held responsible for any packages that are lost in transit to D-
Link.
The repaired or replaced packages will be shipped via UPS Ground or any common carrier selected by D-Link, with shipping
charges prepaid. Expedited shipping is available if shipping charges are prepaid by the customer.
D-Link may reject or return any product that is not packaged and shipped in strict compliance with the foregoing requirements, or for which an
RMA number is not visible from the outside of the package. The product owner agrees to pay D-Link’s reasonable handling and return shipping
charges for any product that is not packaged and shipped in accordance with the foregoing requirements, or that is determined by D-Link not to be
defective or non-conforming.
What Is Not Covered:
This limited warranty provided by D-Link does not cover: Products, if in D-Link’s judgment, have been subjected to abuse,
accident, alteration, modification, tampering, negligence, misuse, faulty installation, lack of reasonable care, repair or service in any way that is not
contemplated in the documentation for the product, or if the model or serial number has been altered, tampered with, defaced or removed; Initial
installation, installation and removal of the product for repair, and shipping costs; Operational adjustments covered in the operating manual for the
product, and normal maintenance; Damage that occurs in shipment, due to act of God, failures due to power surge, and cosmetic damage;
Any
hardware, software, firmware or other products or services provided
by anyone other than D-Link; Products that have been purchased from
inventory clearance or liquidation sales or other sales in which D-Link, the sellers, or the liquidators expressly disclaim their warranty obligation
pertaining to the product.
Repair by anyone other than D-Link or an Authorized D-Link Service Office will void this Warranty.
Disclaimer of Other Warranties:
EXCEPT FOR THE LIMITED WARRANTY SPECIFIED HEREIN, THE PRODUCT IS PROVIDED “AS-IS” WITHOUT
ANY WARRANTY OF ANY KIND WHATSOEVER INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. IF ANY IMPLIED WARRANTY CANNOT BE DISCLAIMED IN ANY TERRITORY WHERE A
PRODUCT IS SOLD, THE DURATION OF SUCH IMPLIED WARRANTY SHALL BE LIMITED TO NINETY (90) DAYS. EXCEPT AS EXPRESSLY
COVERED UNDER THE LIMITED WARRANTY PROVIDED HEREIN, THE ENTIRE RISK AS TO THE QUALITY, SELECTION AND PERFORMANCE OF
THE PRODUCT IS WITH THE PURCHASER OF THE PRODUCT.
Limitation of Liability:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, D-LINK IS NOT LIABLE UNDER ANY CONTRACT, NEGLIGENCE,
STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOSS OF USE OF THE PRODUCT, INCONVENIENCE OR DAMAGES OF
ANY CHARACTER, WHETHER DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF GOODWILL, LOSS OF REVENUE OR PROFIT, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, FAILURE OF OTHER EQUIPMENT
OR COMPUTER PROGRAMS TO WHICH D-LINK’S PRODUCT IS CONNECTED WITH, LOSS OF INFORMATION OR DATA CONTAINED IN, STORED
ON, OR INTEGRATED WITH ANY PRODUCT RETURNED TO D-LINK FOR WARRANTY SERVICE) RESULTING FROM THE USE OF THE PRODUCT,
RELATING TO WARRANTY SERVICE, OR ARISING OUT OF ANY BREACH OF THIS LIMITED WARRANTY, EVEN IF D-LINK HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. THE SOLE REMEDY FOR A BREACH OF THE FOREGOING LIMITED WARRANTY IS REPAIR,
REPLACEMENT OR REFUND OF THE DEFECTIVE OR NON-CONFORMING PRODUCT.
THE MAXIMUM LIABILITY OF D-LINK UNDER THIS
WARRANTY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCT COVERED BY THE WARRANTY. THE FOREGOING EXPRESS WRITTEN
WARRANTIES AND REMEDIES ARE EXCLUSIVE AND ARE IN LIEU OF ANY OTHER WARRANTIES OR REMEDIES, EXPRESS, IMPLIED OR
STATUTORY.
Governing Law
:
This Limited Warranty shall be governed by the laws of the state of California. Some states do not allow exclusion or limitation of
incidental or consequential damages, or limitations on how long an implied warranty lasts, so the foregoing limitations and exclusions may not
apply. This limited warranty provides specific legal rights and the product owner may also have other rights which vary from state to state.
123