User's Manual

G–2
PacketMax 100 User Manual, 10007306, Rev J
Chapter G. LIMITED EQUIPMENT WARRANTY (“Agreement”)
proof of purchase. End Customers are responsible for shipping and handling charges incurred
in returning a Product to Aperto.
LIMITATIONS OF WARRANTY
The express warranties set forth in this Agreement will not apply to defects caused; (i) through
no fault of Aperto during shipment to or from customer, (ii) by the use of software other than
that provided with or installed in the Product, (iii) by the use or operation of the Product in an
application or environment other than that intended or recommended by Aperto, (iv) by
modifications, alterations, or repairs made to the Product by any party other than Aperto or
Aperto’s authorized repair partners, (v) by the Product being subjected to unusual physical,
electrical, or environmental stress, or (vi) by failure of customer to comply with any of the
return procedures specified in this Agreement.
WARRANTY DISCLAIMER
EXCEPT AS SET FORTH EXPRESSLY IN THIS DOCUMENT, APERTO MAKES NO
WARRANTY OR REPRESENTATION, EXPRESSED, IMPLIED, OR STATUTORY,
WITH RESPECT TO ITS PRODUCTS OR THE CONTENTS OR USE OF THIS
DOCUMENTATION AND ANY ACCOMPANYING SOFTWARE. WITHOUT
LIMITATION, APERTO DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING
IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, MERCHANTABILITY, AND
FITNESS FOR A PARTICULAR PURPOSE. APERTO RESERVES THE RIGHT TO
REVISE OR UPDATE ITS’ PRODUCTS, SOFTWARE, AND DOCUMENTATION
WITHOUT OBLIGATION TO NOTIFY ANY INDIVIDUAL OR ENTITY.
7.1.1 REMEDIES
Subject to End Customer’s compliance with Aperto’s return policies and subject also
to the limitations of Aperto’s warranty as described above, Aperto will repair or replace
any defective Product during the Warranty Period. Once repaired or replaced, Aperto
will pay for return shipment back to End Customer. In case of replacement, the
replacement Product need not be new or of an identical make, model or part; Aperto
may at its discretion replace the defective Product or any part thereof with any recon
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ditioned product that Aperto reasonably determines is substantially equivalent or
superior in all material respects to the defective Product. Aperto warrants any
replaced or repaired Product or part for ninety (90) days from shipment or the remain
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der of the initial Warranty Period whichever period is longer. Aperto does not provide
refunds for its Products. End Customer’s sole and exclusive remedy and Aperto' sole
and exclusive liability during the Warranty Period shall be the repair or replacement
of the defective Product at no charge. THESE EXCLUSIVE REMEDIES SHALL NOT
BE EXPANDED TO INCLUDE ANY OTHER REMEDIES, EVEN IF THE REMEDIES
PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.