User's Manual

Corning Optical Communications User Manual
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CMA-601-AEN
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Page 2
Warranties
Hardware Warranty
Corning Optical Communications LLC ( “ Corning ” ) warrants to
the original purchaser (
“ Customer ” ) that for the duration of
the warranty period, one (1) year, commencing on the date of
shipment of the Hardware, unless otherwise agreed in writing
by Corning (the
“ Hardware Warranty Period ” ), the Hardware
furnished by Corning shall be free in all material respects from
defects in material and workmanship, and shall conform to
the applicable portions of the Specifications, as defined below
(the
“ Hardware Warranty ” ). If notified by Customer of any
such defects in material or workmanship or nonconformity
with applicable portions of the Specifications within the
Hardware Warranty Period, Corning shall promptly, at its own
election and expense, repair or replace any such Hardware
proven to be defective under the terms of this Hardware
Warranty. Such repair or replacement shall be Customer
’ s sole
remedy and Corning
’ s sole obligation in the event this
Hardware Warranty is invoked. If any components comprising
a part of the Hardware are replaced or repaired during the
Hardware Warranty Period, the Hardware Warranty Period for
such repaired or replaced components shall extend to the
longer of (i) the balance of the Hardware Warranty Period or
(ii) three (3) months from the date of repair or replacement.
For purposes of this Warranty,
“ Specifications ” shall mean the
specifications and performance standards of the Products as
set forth in documents published by Corning and delivered to
Customer which contain technical specifications or
performance standards for the Products.
If Customer invokes this Hardware Warranty, it shall notify
Corning promptly of the claimed defect. Customer will allow
Corning to inspect the Hardware at Customer
’ s location, or to
return the Hardware to Corning
’ s closest repair facility. For
Hardware returned to Corning
’ s repair facility, Customer shall
be responsible for payment of all transportation and freight
costs (including insurance) to Corning
’ s repair facility, and
Corning shall be responsible for all transportation and freight
costs (including insurance) incurred in connection with the
shipment of such Hardware to other repair facilities of
Corning and/or its return to Customer.
Notwithstanding the foregoing, in no event will Corning be
liable for damage to products resulting from improper
handling during or after shipment, misuse, neglect, improper
installation, operation or repair (other than by authorized
Corning personnel), alteration, accident, or for any other cause
not attributable to defects in materials or workmanship on
the part of Corning. Corning shall not reimburse or make any
allowance to Customer for any labor charges incurred by
Customer for replacement or repair of any goods unless such
charges are authorized in advance in writing by Corning.
Software Warranty
Corning Optical Communications LLC (“Corning”) warrants to
the original purchaser (“Customer”) that for the duration of the
warranty period, one (1) year, commencing on the date of
shipment of the Software, unless otherwise agreed in writing by
Corning (the “Software Warranty Period”), the Software shall
conform with, and perform the functions set forth in the
Specifications, and shall be free from defects in material or
workmanship (the “Software Warranty”). In the event the
Software is proven to be defective under the terms of this
Software Warranty, Corning shall correct such defects or failure
and ensure that the Software conforms with, and performs the
functions set forth in, the Specifications. Customer will allow
Corning to inspect the Software at Customer’s location or to
return it to Cornings’ closest repair facility.
Notwithstanding the foregoing, Corning shall have no obligation
under the Software Warranty if the Software is modified or used
with hardware or software not supplied or approved by Corning
or if the Software is subject to abuse, improper installation or
application, accident, electrical or environmental over-stress,
negligence in use, storage, transportation or handling.
Third-party software distributed with the software may carry
certain warranties which, to the maximum extent allowed by
law, Corning hereby assigns, transfers and otherwise conveys to
Customer, provided, however, that Corning itself provides no
warranty of any kind, express, implied, statutory or otherwise,
for any third-party software provided hereunder.
Corning does not warrant any hardware, software or services not
provided by Corning.
THIS WARRANTY IS THE ONLY WARRANTY MADE BY CORNING
AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
CORNING SHALL NOT BE LIABLE FOR ANY OTHER DAMAGE
INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN
CONNECTION WITH FURNISHING OF GOODS, PARTS AND
SERVICE HEREUNDER, OR THE PERFORMANCE, USE OF, OR
INABILITY TO USE THE GOODS, PARTS AND SERVICE. CORNING
SALES AGENTS OR REPRESENTATIVES ARE NOT AUTHORIZED TO
MAKE COMMITMENTS ON WARRANTY RETURNS.