Dialogic Product Line Warranty
Unless otherwise stated in an applicable product purchase agreement between the Customer and Dialogic, Dialogic warrants that during the Warranty Period, products will operate in substantial conformance with Dialogic's standard published documentation accompanying the product. If a product does not operate in accordance therewith during the Warranty Period, the Customer must promptly notify Dialogic. Dialogic, at its option, will either repair or replace the product without charge. The Customer has the right, as their exclusive remedy, to return the product for a refund of purchase price or license fee if Dialogic is unable to repair or replace it.
In the event that you have no signed agreement setting out a warranty period, the Warranty Period shall be the standard warranty period set out on www.dialogic.com on the date of your purchase of the product.
The Warranty Period begins on the date of shipment of any products or software by Dialogic.
The Warranty Period for repaired, replaced or corrected products and software shall be coterminous to the Warranty Provided for the original products or software purchased.
To report warranty claims, Customer may contact Dialogic via email at firstname.lastname@example.org or call (781) 433-9600.
A. During the Warranty Period, Dialogic warrants to Customer only that:
(i) Products manufactured by Dialogic (including those manufactured for Dialogic by an original equipment manufacturer) will be free from defects in material and workmanship and will substantially conform to specifications for such products;
(ii) software developed by Dialogic will be free from defects which materially affect performance in accordance with the specifications for such software. With respect to products or software or partial assembly of products furnished by Dialogic but not manufactured by Dialogic, Dialogic hereby assigns to Customer, to the extent permitted, the warranties given to Dialogic by its vendors of such items.
B. If, under normal and proper use, a defect or non conformity appears in warranted products or software during the applicable Warranty Period and Customer promptly notifies Dialogic in writing during the applicable warranty period of such defect or non conformance, and follows Dialogic's instructions regarding return of such defective or non conforming Product or Software, then Dialogic will, at no charge to Customer, either:
(i) repair, replace or correct the same at its manufacturing or repair facility or
(ii) if Dialogic determines that it is unable or impractical to repair, replace or correct the product or software, provide a refund or credit not to exceed the original purchase price or license fee.
C. No product or software will be accepted for repair or replacement without the written authorization of and in accordance with instructions from Dialogic. Removal and reinstallation expenses as well as transportation expenses associated with returning such product or software to Dialogic shall be borne by Customer. Dialogic shall pay the costs of transportation of the repaired or replaced product or software to the destination designated in the original Order. If Dialogic determines that any returned product or software is not defective, Customer shall pay Dialogic's costs of handling, inspecting, testing and transportation. In repairing or replacing any product, part of product, or software medium under this warranty, Dialogic may use new, remanufactured, reconditioned, refurbished or functionally equivalent products, parts or software media. Replaced products or parts shall become Dialogic's property.
D. Dialogic makes no warranty with respect to defective conditions or non conformities resulting from any of the following: Customer's modifications, misuse, neglect, accident or abuse; improper wiring, repairing, splicing, alteration, installation, storage or maintenance performed in a manner not in accordance with Dialogic's or its vendor's specifications, or operating instructions; failure of Customer to apply Dialogic's previously applicable modifications or corrections; or items not manufactured by Dialogic or purchased by Dialogic pursuant to its procurement specifications. Dialogic makes no warranty with respect to products which have had their serial numbers removed or altered; with respect to expendable items, including, without limitation, fuses, light bulbs, motor brushes and the like; or with respect to defects related to Customer's data base errors. Improper packaging of product for repair will not be covered under this warranty agreement. No warranty is made that software will run uninterrupted or error free.
E. Warranty does not include:
a) Dialogic's assistance in diagnostic efforts;
b) access to Dialogic's Technical Support web sites, databases or tools;
c) product integration testing;
d) on-site assistance; or
e) product documentation updates.
These services are available either during or after warranty at Dialogic's published prices.
F. THE FOREGOING WARRANTIES ARE EXCLUSIVE & ARE GRANTED IN LIEU OF ALL OTHER EXPRESS & IMPLIED WARRANTIES (WHETHER WRITTEN, ORAL, STATUTORY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CUSTOMER'S SOLE AND EXCLUSIVE REMEDY AND DIALOGIC'S SOLE OBLIGATION HEREUNDER, SHALL BE TO REPAIR, REPLACE, CREDIT OR REFUND AS SET FORTH ABOVE.
G. IN NO EVENT SHALL DIALOGIC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES, BE LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF ANY PRODUCT INCLUDING ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, MULTIPLE, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLEGENCE), STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF DIALOGIC, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, DIALOGIC'S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF ANY PRODUCT SHALL NOT EXCEED THE TOTAL AMOUNT OF THE PURCHASE PRICE OR LICENSE FEES PAID TO DIALOGIC FOR SUCH PRODUCT.
H. CUSTOMER AND DIALOGIC HEREBY WAIVE THEIR RIGHT TO TRIAL BY JURY TO THE FULLEST EXTENT PERMITTED BY LAW IN CONNECTION WITH ALL CLAIMS ARISING OUT OF OR RELATED TO THIS WARRANTY, THE PRODUCTS COVERED HEREBY OR THE PERFORMANCE OF ANY PARTY HEREUNDER.
I. THIS WARRANTY SHALL BE CONSTRUED UNDER AND GOVERNED BY THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS WITHOUT GIVING EFFECT TO ANY CHOICE OR CONFLICT OF LAW PROVISION OR RULE (WHETHER OF THE COMMONWEALTH OF MASSACHUSETTS OR ANY OTHER JURISDICTION) THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THE COMMONWEALTH OF MASSACHUSETTS. CUSTOMER SPECIFICALLY AND IRREVOCABLY CONSENTS TO THE PERSONAL AND SUBJECT MATTER JURISDICTION AND VENUE OF THE FEDERAL AND STATE COURTS OF THE COMMONWEALTH OF MASSACHUSETTS AND SUCH COURTS SHALL HAVE EXCLUSIVE JURISDICTION WITH RESPECT TO ALL MATTERS CONCERNING THIS WARRANTY OR THE ENFORCEMENT OF ANY OF THE FOREGOING.
J. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
About this Publication
This documentation provides guidelines for using the Dialogicģ CSP.
The following Safety labels may appear in this information product to alert customers to avoidable hazards. The following are in the order of priority:
Danger indicates the presence of a hazard that will cause death or severe personal injury if the hazard is not avoided.
Warning indicates the presence of a hazard that can cause death or severe personal injury if the hazard is not avoided.
Caution indicates the presence of a hazard that will or can cause minor personal injury or property damage if the hazard is not avoided. Caution can also indicate the possibility of data loss, loss of service, or that an application will fail.