Limited Warranty Terms
Product Warranty. Cambex warrants that its FibreQuik
host bus adapter and hub hardware products ("Products") will be free
from defects in materials and workmanship for a period of three (3) years after
the date of shipment from Cambex. Cambex warrants that its related software drivers
("Software") will perform in substantial accordance with Cambex's
published specifications for a period of three (3) months after the date of
shipment from Cambex, but does not warrant that Software will be bug-free or
error-free.
Remedies. As Customer's exclusive remedy and
Cambex's sole liability for breach of the foregoing warranties, Cambex shall,
at its option, either repair or replace the defective Products or Software, or,
if Cambex is unable to accomplish repair or replacement after good-faith
efforts, credit Customer's account with an amount equal to the price paid for
the defective Products or Software.
Warranty Claims. All warranty claims will be subject to verification
by Cambex and to the terms of Cambex's then-current repair service policy and
procedures. Prior to returning any product, Cambex must first authorize and
issue a Return Material Authorization (RMA) number. Any item returned without
an RMA number is subject to refusal. Freight
collect or COD returns will be refused. To receive an RMA number, contact
Cambex support at [email protected]. Unless otherwise directed by Cambex,
Products returned for warranty verification will be shipped prepaid and insured
and shall be accompanied by a detailed description of the alleged defect. If
the claimed defect or non-conformity is verified, Cambex will, at its expense,
provide a remedy as stated above. If inspection by Cambex of the product(s)
does not disclose any defect or non-conformance, any repairs made by Cambex
will be subject to a reasonable charge for parts, labor, and transportation.
All replaced parts shall become property of Cambex.
Exclusions. The above warranties do not
cover and Cambex shall not be liable for any conditions attributable to (1)
misuse, faulty installation, misapplication, normal wear and tear, extreme
environmental conditions, lack of compliance with applicable instructions,
inadequate or improper maintenance, negligence, accident, tampering,
substitution of inferior quality component parts; or (2) the incompatibility,
improper design, manufacture, installation, operation or maintenance of
products, accessories, equipment or materials not supplied by Cambex. All
batteries are specifically excluded from all warranty provisions.
Exclusive Warranties. The foregoing
warranties are the only warranties made by Cambex to Customer (or any other
party). Cambex may modify its warranty at any time. Warranties may be posted on
the Cambex website. CAMBEX EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE, AND ANY OTHER
WARRANTIES, WHETHER EXPRESS, IMPLIED, OR ARISING BY OPERATION OF LAW, TRADE
USAGE, OR COURSE OF DEALING. No person, agent, or representative is authorized
to give any additional warranty on behalf of Cambex.
Technical Advice. Any technical advice,
recommendations, samples, lab tests, and/or demonstrations provided by Cambex
(or its representatives) concerning the use, application, or compatibility of
any products or materials are provided by Cambex solely for the purpose of
assisting the Customer to evaluate, at its own risk, the suitability of
Products and Software for the Customer's intended use. Cambex recommends that
the Customer make its own tests to determine such suitability. No such advice,
recommendations, samples, lab tests and/or demonstrations provided by Cambex
shall be construed as an express or implied warranty.
Limitations and Disclaimers. The above
remedies are the only remedies available to Customer (or any other party) for
breach of warranty, breach of contract, or any other Cambex liabilities
associated with the products and/or services furnished hereunder, including
product liabilities based on negligence, failure to warn, or strict liability. UNDER
NO CIRCUMSTANCES WILL CAMBEX HAVE ANY LIABILITY FOR INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS, EVEN IF CAMBEX HAS BEEN ADVISED,
KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. In no case shall
Cambex's liability exceed the amount of the purchase price of any defective Products
or Software. In no case shall Cambex have any liability for Products or
Software for which Cambex has not received payment when due. The exclusive
remedies described above shall not be deemed to fail of their essential purpose
so long as Cambex is willing and able to refund the purchase price for the
defective or non-conforming portion of the provided Products and/or Software.
No person, agent, or representative is authorized to give any other remedies on
behalf of Cambex or to assume for Cambex any other liabilities in connection
with this Agreement or any products sold by Cambex.
