|
15 Years Warranty |
Warranty Statement:
Subject to the limitations and conditions set forth
herein, EMC warrants to the End-User that the
EMC connecting hardware and EMC approved cable products
installed under this warranty:
(a) Will be free from defects in materials and workmanship;
(b) Will comply with the Category 5e link performance
requirements of the following Standards in force
at the time of installation: ISO/IEC 11801 and
ANSI/TIA/EIA-568-A-5 (the “Standards”); and
(c) Will support all applications designed to operate on a
Category 5e cabling link designed and installed
in accordance with the above standards.
For valid claims under this warranty, EMC will, at its option,
use an EMC registered contractor of its choice
to replace or repair any defective component of the system, or
alternatively, provide credit for any component
found to be non-compliant and cover reasonable cost of labour to
effect necessary work.
Warranty Duration:
The duration of this warranty is fifteen (15) years from
the date of project completion. Any warranty
repairs, replacement moves, additions or changes will only be
covered by this warranty for the current
balance of the original warranty period.
Warranty Conditions:
EMC’s obligations pursuant to this Warranty are conditional
upon:
(a) The System being registered with EMC within 30 business days
of project completion by the End-User
providing to EMC the properly completed and signed EMC
Warranty Application Form and then EMC
issuing a Warranty Certificate based on the information
provided;
(b) All installation work being undertaken by an EMC registered
contractor, in accordance with the
manufacturer’s installation specifications and the
installation and system design requirements of the
edition of the cabling Standard EIA/TIA 568A-5 current at
the time;
(c) The System consisting of permanent links solely constructed
with EMC products or EMC approved
products that are within 3 months of manufacture and have
never been used before;
(d) Installation Records showing the location and designation of
all installed links being recorded on
“as-built” floor plan drawings;
(e) Every installed link being tested with a Level IIe (or
above) field tester with Category 5e basic link
limits or Class D:2000 permanent link limits and for each
link a Test Record, with the same link
designations as shown on the Installation Records being
produced;
(f) All Installation Records and Test Records being maintained
by the End-User and updated to reflect any
maintenance, movements, additions or changes, during the
lifetime of this Warranty; and
(g) Any warranty claim being made within the warranty period
specified above and by following the
warranty claims procedures set out below.
Warranty Claims Procedure:
(a) Within 15 business days of the End-User discovering a
problem with the System, the End-User must
notify the Installation Contractor and provide free access
to the System to allow the Installation
Contractor to identify the problem.
(b) After identification of the problem, and within 30 business
days of the End-User discovering the problem,
the Installation Contractor must notify EMC if there is a
potential claim pursuant to this Warranty.
(c) The End-User must ensure that all documentation relating to
the System design, installation, testing,
administration and maintenance is made available to EMC on
request.
(d) System repair and replacement due to component or cable
failure will be performed pursuant to this
Warranty only after EMC has reviewed and verified the
System prior to the removal, replacement or repair
of any defective system components.
(e) To facilitate System repair the End-User must provide free
access to the System by EMC representatives
and an UL registered cabler.
(f) All disputes under this Warranty are subject to and will be
governed by and construed in accordance
with the laws of California and each party irrevocably
submits to the jurisdiction of the courts of that State.
Warranty Exclusion:
This warranty does not cover:
(a) The installation, maintenance of other portions of the
End-User’s System that does not form part of the
EMC System;
(b) Components not specifically designated by EMC as being
eligible for this Warranty;
(c) EMC components not supplied directly by EMC or through
channels approved by EMC;
(d) Defects resulting from a non-compliant or improper System
design, installation, use, repair, or any
System alterations, misuse, neglect, accident or abuse;
and
(e) Defects resulting from moves, additions or changes performed
by parties other than the Installation
Contractor.
Warranty Limitations:
(a) Subject to item (c) below, this warranty is exclusive and in
lieu of all other EMC warranties and the
remedies provided for in the preceding paragraphs
constitute the sole recourse of the End-User against
EMC and EMC’s approved distributors for breach of any
obligations to the End-User whether the claim
is made in tort or in contract, including claims based on
warranty, negligence, strict liability, fraud,
misrepresentation, or otherwise.
(b) Without limiting the “Warranty Exclusions” above, in no
event will EMC or its approved distributors be
liable for special, indirect, incidental or consequential
damages (regardless of the form of action,
whether in contract or in tort, including negligence),
including, without limitation, lost profits or economic
damage arising out of the failure of the System. The
liability of EMC and its approved distributors in
respect of any claim or damage arising out of or connected
with this warranty or the manufacture, sale,
delivery, installation or use of the System will not
exceed the total of the purchase price of the system
and the installation costs.
c) If EMC breaches any condition or warranty implied in favor of
the End-User by any other applicable law
which cannot lawfully be excluded then to the extent
permitted by applicable law the liability of EMC to
the End-User is limited to:
(I) In the case of services provided to the End-User:
(a) The re-supply of the services; or
(b) The payment of the cost of having the services
supplied again, at the election of EMC; and
(II) In the case of goods supplied to the End-User:
(a) The replacement of the goods or the supply of
equivalent goods; (b) The repair of the goods;
(c) The payment of the cost of replacing the goods or of
acquiring equivalent goods;
(d) The payment of the cost of having the goods repaired,
at the election of EMC.
* EMC Warranty Terms and Conditions – Revision 1. October 2001 |
|
|
|
 |
|
|
|
