This Limited Product Warranty and Disclaimer (“Warranty”) applies to all Actiontec Electronic, Inc. (“Actiontec”) Products unless otherwise specified herein.
- Warranty
Actiontec warrants that the Products, but not related services, (i) are free from defects in materials and workmanship and (ii) conform in all material respects to the Specifications. For Products that contain an optoelectronic component subject by its nature to a normal degree of performance degradation with operational use and / or time such degradation, shall not constitute a “defect” for purposes of this warranty.
The warranty period for Products shall be twelve (12) months from the date of Delivery unless otherwise mutually agreed in writing by the parties. - RMA Process
If any Product is found by Actiontec not to function as warranted during the warranty period, Actiontec will determine at its sole option to either (i) make it do so, or (ii) replace it with equivalent conforming Product.
If Actiontec determines, at its sole option, that repair or replacement cannot be made using commercially reasonable efforts, Actiontec will refund to Customer the price paid for the Product.
Any replacement Product will conform to the applicable specification and will be equivalent to the original exchanged Product in all material respects. Actiontec shall own the replaced Product. All returns shall follow the Actiontec RMA procedures to be applicable for warranty provisions.
The warranty period for the replacement Product shall be the greater of ninety (90) days from the date of such replacement or the remaining replaced Product warranty period.
Actiontec shall be responsible for loss of, or damage to, Customer returned Product while it is in Actiontec’s possession during warranty service until re-delivery to Customer or until delivery of replacement or until repayment pursuant to below (as applicable). - Exclusions & Remedies
No warranty is provided, and Customer has no warranty claims, for (i) supply items normally consumed during operation of the Products; (ii) failures caused by non-Actiontec products; (iii) failures caused by a Product’s inability to operate in conjunction with other Customer hardware or software unless mutually agreed in writing by the parties; (iv) performance failures resulting from services not performed by Actiontec; (v) any other Product that Actiontec provides in accordance with Customer’s request, specifications, or instructions, unless Actiontec agrees in a duly signed writing that the provided Product shall be covered by the limited warranty; (vi) Product not returned in accordance with Actiontec’s RMA procedure; or (vii) development, pre-production or any form of prototype and non-qualified Product whatsoever. Further, a Customer has no warranty rights with respect to defects or non-conformities caused by: (i) use of the Product with hardware or software that was not expressly specified in writing by Actiontec as suited for use with the Product; (ii) Customer’s failure to follow Actiontec’s operating instructions; (iii) failure to implement updates; (iv) changes to the Customer environment in which Product was installed; (v) acts or omissions of persons other than Actiontec or its authorized representatives; (vi) installation or maintenance of Product by someone other than Actiontec or persons certified by Actiontec; (vii) being accidentally damaged, disassembled, modified, misused, repaired or reworked (by any party other than Actiontec or its authorized agents), improperly stored or handled, used in conjunction with another product that is incompatible or of an inferior quality, or used in applications which exceed the Product’s specifications or ratings, neglected, improperly installed or otherwise abused or is used in hazardous activities; or (viii) Force Majeure conditions as defined herein.
Warranty will be voided by misuse, improper handling or storage, improper installation or repair, accident, damage or modification, failure to maintain proper physical or storage/operating environment or improper Customer maintenance not approved by Actiontec in writing.
The terms of this Warranty sets out Actiontec’s entire liability to remedy any defect or default in the Products.Notwithstanding any provision to the contrary (but subject to the operation of any law to the extent it cannot be excluded), Actiontec’s sole and exclusive obligations to Customer for any Product made by Actiontec and sold hereunder are solely as described in this Warranty, with such obligations being limited solely to any Product which has been returned to Actiontec under the RMA procedure (as defined herein) and which in the reasonable opinion of Actiontec is determined to be defective in workmanship, material, or not in compliance with the Actiontec Specification applicable to the Product and has in fact failed under normal use. Customer shall have no warranty claims, unless Actiontec receives from Customer, before the end of the warranty period and within thirty (30) days of the date on which Customer first came to know, or should have known, about the warranty claim, (a) a written notice describing the warranty breach in reasonable detail, and (b) information in sufficient detail to enable Actiontec to reproduce and analyze the failure. - Disclaimer
ALL WARRANTIES, REPRESENTATIONS, TERMS OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. THE REMEDIES EXPRESSLY PROVIDED IN THIS WARRANTY WILL BE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES AND SHALL BE IN LIEU OF ANY OTHER RIGHTS OR REMEDIES CUSTOMER MAY HAVE AGAINST ACTIONTEC WITH RESPECT TO ANY NON-CONFORMANCE OF PRODUCTS. EXCEPT AS SPECIFIED IN THIS WARRANTY, ACTIONTEC MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES WITH REGARD TO ANY PRODUCT. ACTIONTEC DISCLAIMS ALL IMPLIED WARRANTIES, CONDITIONS, AND REPRESENTATIONS INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH IMPLIED WARRANTY MAY BE BASED, INCLUDING, WITHOUT LIMITATION, CONTRACT, COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
THE PRODUCTS ARE NOT AUTHORIZED FOR USE BY CUSTOMER OR ANY THIRD PARTY AS CRITICAL COMPONENTS IN LIFE SUPPORT PRODUCTS OR SYSTEMS OR FOR USE IN AVIATION, NUCLEAR OR ANY OTHER INHERENTLY DANGEROUS APPLICATIONS WITHOUT THE EXPRESS WRITTEN APPROVAL OF ACTIONTEC. LIFE SUPPORT PRODUCTS OR SYSTEMS ARE THOSE WHICH ARE INTENDED TO SUPPORT OR SUSTAIN LIFE AND WHOSE FAILURE TO PERFORM CAN REASONABLY BE EXPECTED TO RESULT IN A SIGNIFICANT INJURY TO THE USER. CRITICAL COMPONENTS ARE THOSE COMPONENTS WHOSE FAILURE TO PERFORM CAN REASONABLY BE EXPECTED TO CAUSE FAILURE OF A LIFE SUPPORT DEVICE OR SYSTEM OR AFFECT ITS SAFETY OR EFFECTIVENESS, CAUSE FAILURE OF A LIFE SUPPORT DEVICE OR SYSTEM, OR AFFECT ITS SAFETY OR EFFECTIVENESS.