Warranty and Limitation of Liability for MiVoice Connect Hardware Products

 

Limited Warranty

Mitel warrants to the end user (“Customer”) that this product will be free from defects in workmanship and materials, under normal use and service, for one year from the date of purchase from Mitel or its authorized reseller. Mitel’s sole obligation under this express warranty shall be, at Mitel’s option and expense, to repair the defective product or part, deliver to Customer an equivalent product or part to replace the defective item, or if neither of the two foregoing options is reasonably available, Mitel may, in its sole discretion, refund to Customer the purchase price paid for the defective product. All products that are replaced will become the property of Mitel. Replacement products or parts may be new or reconditioned. Mitel warrants any replaced or repaired product or part for ninety (90) days from shipment, or the remainder of the initial warranty period, whichever is longer.

 

Products returned to Mitel must be sent prepaid and packaged appropriately for safe shipment. It is recommended that packages be insured or sent by a method that provides for tracking of the package. Responsibility for loss or damage does not transfer to Mitel until the returned item is received by Mitel. The repaired or replaced item will be shipped to Customer, at Mitel’s expense, not later than thirty (30) days after Mitel receives the defective product. Mitel will retain risk of loss or damage until the item is delivered to Customer.

 

Exclusions

Mitel will not be liable under this limited warranty if its testing and examination disclose that the alleged defect or malfunction in the product does not exist or results from any of the following:

 

Warranty Exclusive

IF A MITEL PRODUCT DOES NOT OPERATE AS WARRANTED ABOVE, CUSTOMER’S SOLE REMEDY FOR BREACH OF THAT WARRANTY SHALL BE REPAIR, REPLACEMENT, OR REFUND OF THE PURCHASE PRICE PAID, AT MITEL’S OPTION. TO THE FULL EXTENT ALLOWED BY LAW, THE FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, TERMS, OR CONDITIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES, TERMS, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION, AND NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. MITEL NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, OR USE OF ITS PRODUCTS.

 

Service Agreements

Please contact your Mitel Authorized Reseller for information about service agreements applicable to your product.

 

Limitation of Liability

TO THE FULL EXTENT ALLOWED BY LAW, MITEL EXCLUDES FOR ITSELF AND ITS SUPPLIERS ANY LIABILITY, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF ITS PRODUCTS, EVEN IF MITEL OR ITS AUTHORIZED RESELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND LIMITS ITS LIABILITY TO REPAIR, REPLACEMENT, OR REFUND OF THE PURCHASE PRICE PAID, AT MITEL’S OPTION. THIS DISCLAIMER OF LIABILITY FOR DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL OF ITS ESSENTIAL PURPOSE.

 

Disclaimer

Some countries, states, or provinces do not allow the exclusion or limitation of implied warranties or the limitation of incidental or consequential damages for certain products supplied to consumers, or the limitation of liability for personal injury, so the above limitations and exclusions may be limited in their application to you. When the implied warranties are not allowed to be excluded in their entirety, they will be limited to the duration of the applicable written warranty. This warranty gives you specific legal rights, which may vary depending on local law.

 

Governing Law

This Limited Warranty and Limitation of Liability shall be governed by the laws of the State of Arizona, U.S.A., and by the laws of the United States, excluding their conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its entirety from application to this Limited Warranty and Limitation of Liability.

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