Standard Warranty Policy
IpTL provides a limited warranty solely to the original end user customer (“Customer”) that hardware (“Hardware”) purchased from IpTL or an authorized IpTL partners will be free from defects in materials and workmanship when used within the limits set forth in the documentation (data sheet and user manual) for a period of twelve (12) months from the Begin Date. The Begin Date means (a) the date this product is shipped from the manufacturing facilities of IP Technology Labs, LLC., (“IpTL”), or (b) in the case of resale by an authorized IpTL reseller, the date not more than 15 months days after the original shipment of this product by IpTL to the reseller (“Warranty Period”.)
This limited warranty is non-transferable and extends only to the original end-user purchaser who acquired the Hardware from an Authorized Partner who has the right to sell in the end-user’s territory. IpTL explicitly disclaims any warranty obligations for Hardware that is sold outside of the assigned territory of an Authorized Partner. Your exclusive remedy and IpTL’s entire liability under this limited warranty will be for IpTL, at its option, to (a) repair the Hardware with new or refurbished parts, or (b) replace the Hardware with a reasonably available equivalent, or better, new or refurbished IpTL Hardware. Any repaired or replacement Hardware will be warranted for the remainder of the original Warranty Period or thirty (30) days, whichever is longer. All Hardware and parts that are replaced become the property of IpTL. IpTL will use commercially reasonable efforts to ship the replacement Hardware within twenty (20) business days after receipt of the product at a IpTL’s designated RMA location. Actual delivery times may vary depending on the customer location. Customer is solely responsible for backing up its programs and data to protect against loss or corruption. IPTL’s warranty obligations do not include installation support.
Dead on Arrival
For up to thirty (30) days from the Begin Date, IpTL will provide expedited replacement of affected field replaceable units of Hardware which fail to operate during the first twenty-four (24) hours of initial installation. “Fail to operate” shall mean a material failure to substantially perform in accordance with the Hardware’s technical specifications and shall not include cosmetic or other deficiencies which do not materially affect Hardware performance. A new field replaceable unit will be shipped from IpTL’s facilities within three (3) business days of IpTL’s receipt and validation of customer’s notification of failed hardware material. Notification must be sent by customer to IpTL via procedures in contacting IpTL support. Failed Hardware must be returned within thirty (30) days of failure, or customer pays purchase price of replacement Hardware. Non-U.S. customers should allow for additional transit time due to international customs clearance.
Exclusion and Restrictions
This limited warranty does not apply if: (a) the Hardware assembly seal has been removed or damaged, (b) the Hardware has been altered or modified, except by IpTL, (c) the Hardware damage was caused by use with non IpTL Hardware, (d) the Hardware has not been installed, operated, repaired, or maintained in accordance with instructions supplied by IpTL or in accordance with common industry best practices, (e) the Hardware has been subjected to abnormal or unreasonable physical, thermal, or electrical stress, abuse, misuse, negligence, accidents, or acts of God, (f) the serial number on the Hardware has been altered, defaced, or removed, or (g) the Hardware is supplied or licensed for beta, evaluation, promotional, testing or demonstration purposes for which IpTL does not charge a standard purchase price or license fee. IpTL disclaims any express or implied warranty of fitness for such uses.
ALL SOFTWARE PROVIDED BY IPTL WITH OR WITHOUT THE HARDWARE, WHETHER FACTORY LOADED ON THE HARDWARE, CONTAINED ON MEDIA ACCOMPANYING THE HARDWARE OR DOWNLOADED FROM OUR WEBSITE, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.
Without limiting the foregoing, IpTL does not warrant that the operation of the Hardware or software will be uninterrupted or error free. Also, due to the continual development of new techniques for intruding upon and attacking networks, IpTL does not warrant that the Hardware, software or any equipment, system or network on which the Hardware or software is used will be free of vulnerability to intrusion or attack. The Hardware and software may include or be bundled with third party software or service offerings. This limited warranty shall not apply to such third party software or service offerings. This limited warranty does not guarantee any continued availability of a third party’s service for which this Hardware’s or software’s use or operation may require.
TO THE EXTENT NOT PROHIBITED BY LAW, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE DURATION OF THE WARRANTY PERIOD. ALL OTHER EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, ARE DISCLAIMED.
IN NO EVENT WILL IP TECHNOLOGY LABS, LLC. OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, OR LOST DATA, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF IPTL OR ITS AFFILIATE OR SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND WHETHER OR NOT ANY REMEDY PROVIDED SHOULD FAIL OF ITS ESSENTIAL PURPOSE. THE TOTAL CUMULATIVE LIABILITY TO CUSTOMER, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCT PAID BY CUSTOMER. IN ADDITION, PTL SHALL NOT BE LIABLE FOR CUSTOMER’S OR ANY THIRD PARTY’S SOFTWARE, FIRMWARE, INFORMATION, OR MEMORY DATA CONTAINED IN, SORTED ON, OR INTEGRATED WITH ANY PRODUCT RETURNED TO IPTL, WHETHER UNDER WARRANTY OR NOT.