Clear-Com TEMPEST 2400 Dokumentacja Pobierz pdf (Strona 94)

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Tempest 2400 Wireless Intercom System

evidence. All warranty claims after this date must be supported by the Customer’s proof of purchase that

demonstrates the product is still within the Standard Warranty Period (as detailed in Section 1.c.i above,

plus the automatic three month extension) from their purchase date.

Direct Sales: The Standard Warranty Period will commence from the date the product was shipped from

Clear-Com to the Customer. The Standard Warranty Period start date for contracts that include

commissioning will be the date of the Site Acceptance Test (SAT) or one month from conclusion of the

commissioning project, whichever is earlier.

f) Invalidation of Warranty

i) This Limited Warranty shall be invalidated if the product’s outer case has been opened and internal

modifications have been made or damage has occurred, or upon the occurrence of other damage or failure

not attributable to normal wear and tear. Authorized modifications with Clear-Com’s express written

permission will not invalidate the warranty.

g) Software Updates

i) Software Updates are released periodically to correct discovered program bugs. During the Warranty

Period, software updates are available to Customers free of charge.

h) Software Upgrades

i) Software Upgrades include new Features and/or Functional Enhancements and are not included as part of

the Standard Warranty but may be purchased at the published rates.

ii) Note: In the absence of a Software Update containing a program correction and no available workaround

to mitigate the problem, at the discretion of Service, Sales, Engineering, or Product Management, the

Customer may be provided a Software Upgrade under warranty.

Exclusions. Services do not cover damage or failure caused by any occurrence beyond Clear-Com’s

reasonable control, including without limitation acts of God, fire, flooding, earthquake, lightning, failure of

electric power or air conditioning, neglect, misuse, improper operation, war, government regulations,

supply shortages, riots, sabotage, terrorism, unauthorized modifications or repair, strikes, labor disputes

or any product failure that Clear-Com determines is not a result of failure in the Services provided by

Clear-Com. Further Services excluded from this Agreement include: services required due to errors or

omissions in Customer purchase orders; installation or maintenance of wiring, circuits, electrical conduits

or devices external to the products; replacement or reconditioning of products which, in Clear-Com’s

opinion cannot be reliably maintained or properly serviced due to excessive wear or deterioration;

Customer’s failure to maintain the installation site in accordance with the environmental specifications of

the products; or service on products removed from the location originally specified by Customer and/or

reinstalled without the prior written approval of Clear-Com. Customer will pay Clear-Com’s then current

published charges to restore such Covered Products to a condition eligible for further service under this

Agreement. Clear-Com shall be excused from and shall not be liable for any failure or delay in

performance under this Agreement due to the foregoing or any causes beyond its reasonable control.

Limitation of Liability. IN NO EVENT WILL CLEAR-COM BE LIABLE UNDER THIS AGREEMENT FOR

ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT

LIMITATION LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, EVEN IF ADVISED IN

ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Assignment

. Neither party may assign this Agreement or any portion thereof without the prior written

consent of the other, except in the event of a merger, sale of all or substantially all of the assets or other

corporate reorganization.

Ownership of replaced parts or product

. All replaced parts or products become the property of Clear-

Com.

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