Sonus Digital Product Warranty
SCOPE. These terms and conditions of sale (“Terms”) are the entire agreement between you, the Buyer, and us, the Seller with respect to the goods and services (“product”) subject to the Terms. Our sales are expressly conditioned upon the Terms, which supersede all prior negotiations, correspondence and statements. We expressly reject any conflicting terms of yours in any P.O. or other document. Acceptance of your order for any product is expressly conditioned upon your acceptance of the Terms, which shall be established by implication, acceptance, retention, or payment. Our failure to object to terms in any communication from you is not a waiver of the Terms. We must specifically agree to any order, offer, contract, and any change therein or in the Terms in a writing signed by an officer of ours from our home office in Loxahatchee, Florida, USA. You may not assign any right or obligation hereunder without our prior written consent.
WARRANTY. We warrant that the product will be free of defects in workmanship and materials and will conform to our published specifications for a period of one year from the date of our shipment (“Warranty Period”). Products which contain Hard Disk Drives "(HDD)" may have the HDD component(s) warranted by manufacture of the drive for up to 3 years from the HDD manufacture date. The Warranty does not apply to any product which has been subject to misuse (including static discharge), neglect, accident, or modification or which has been altered and is not capable of being tested by us under normal test conditions. (i.e. ESD precautions). This Warranty does not apply to any software sold, licensed or issued by Sonus Digital.
LIMITATION OF LIABILITY. Our sole obligation to you if the product fails to meet the Warranty will be, at our option, to repair or replace the defective product, provided that, within the Warranty Period: (a) you have notified us in writing of any failure, and (b) you have returned the defective product to us, freight prepaid, after our written authorization to do so, and (c) we have determined that the product failure is not a result of improper installation, repair or other misuse. We will have a reasonable time to make repairs or replace the product. Any replacement product will carry only the unexpired term of Warranty which was applicable.
EXCLUSION OF WARRANTIES. The foregoing Warranty and remedies are exclusive and are made expressly in lieu of all other warranties expressed or implied, either in fact or by operation of law, statutory or otherwise, including warranties of merchantability and fitness for a particular purpose. We neither assume nor authorize any other person to assume any other liability in connection with the sale, installation or use of the products, and we make no warranty whatsoever for products we do not manufacture. We will not be liable for damages due to delays in delivery or use or work and will in no event be liable for incidental or consequential damages of any kind, whether arising from contract, tort, or negligence, including but not limited to, procurement costs, lost profits or goodwill, overhead or other like damages. We make no representation or warranty either express or otherwise, as to the ability to export the product. You have the express obligation to ascertain the legality of exporting any product, and you are solely responsible for acquiring any export license or consent.