Spirent Communications, Inc.
© 2024 Spirent Communications, Inc. All Rights Reserved.
All of the company names and/or brand names and/or product names referred to in this document, in particular, the name "Spirent" and its logo device, are either registered trademarks or trademarks of Spirent plc and its subsidiaries, pending registration in accordance with relevant national laws. All other registered trademarks or trademarks are the property of their respective owners. The information contained in this document is subject to change without notice and does not represent a commitment on the part of Spirent Communications. The information in this document is believed to be accurate and reliable, however, Spirent Communications assumes no responsibility or liability for any errors or inaccuracies that may appear in the document.
Spirent Communications, Inc. ("Spirent") warrants that its Products will conform to the description on the face of order, that it will convey good title thereto, and that the Product will be delivered free from any lawful security interest or other lien or encumbrance.
Spirent further warrants to Customer that hardware which it supplies and the tangible media on which it supplies software will be free from significant defects in materials and workmanship for a period of twelve (12) months, except as otherwise noted, from the date of delivery (the "Hardware Warranty Period"), under normal use and conditions.
To the extent the Product is or contains software ("Software"), Spirent also warrants that, if properly used by Customer in accordance with the Software License Agreement, the Software which it supplies will operate in material conformity with the specifications supplied by Spirent for such Software for a period of ninety (90) days from the date of delivery (the "Software Warranty Period"). The "Product Warranty Period" shall mean the Hardware Warranty Period or the Software Warranty Period, as applicable. Spirent does not warrant that the functions contained in the Software will meet a specific requirement or that the operation will be uninterrupted or error free. Spirent shall have no warranty obligations whatsoever with respect to any Software which has been modified in any manner by Customer or any third party.
Defective Products and Software under warranty shall be, at Spirent's discretion, repaired or replaced or a credit issued to Customer's account for an amount equal to the price paid for such Product provided that: (a) such Product is returned to Spirent after first obtaining a return authorization number and shipping instructions, freight prepaid, to Spirent's location in the United States; (b) Customer provides a written explanation of the defect or Software failure claimed by Customer; and (c) the claimed defect actually exists and was not caused by neglect, accident, misuse, improper installation, improper repair, fire, flood, lightning, power surges, earthquake, or alteration. Spirent will ship repaired Products to Customer, freight prepaid, based on reasonable best efforts after the receipt of defective Products. Except as otherwise stated, any claim on account of defective materials or for any other cause whatsoever will conclusively be deemed waived by Customer unless written notice thereof is given to Spirent within the Warranty Period. Spirent reserves the right to change the warranty and service policy set forth above at any time, after reasonable notice and without liability to Customer.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED, AND THE LIABILITY OF SPIRENT, IF ANY, FOR DAMAGE RELATING TO ANY ALLEGEDLY DEFECTIVE PRODUCT SHALL BE LIMITED TO THE ACTUAL PRICE PAID BY THE CUSTOMER FOR SUCH PRODUCT. THE PROVISIONS SET FORTH ABOVE STATE SPIRENT'S ENTIRE RESPONSIBILITY AND CUSTOMER'S SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY BREACH OF ANY WARRANTY.
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