DPS Telecom warrants, to the original purchaser only, that its products a) substantially conform to DPS' published specifications and b) are substantially free from defects in material and workmanship. This warranty expires two years from the date of product delivery with respect to hardware and ninety days from the date of product delivery with respect to software. If the purchaser discovers within these periods a failure of the product to substantially conform to the specifications or that the product is not substantially free from defects in material and workmanship, the purchaser must promptly notify DPS. Within reasonable time after notification, DPS will endeavor to correct any substantial non-conformance with the specifications or substantial defects in material and workmanship, with new or used replacement parts. All warranty service will be performed at the company's office in Fresno, California at no charge to the purchaser, other than the cost of shipping to and from DPS, which shall be the responsibility of the purchaser. If DPS is unable to repair the product to conform to the warranty, DPS will provide at its option one of the following: a replacement product or a refund of the purchase price for the non-conforming product. These remedies are the purchaser's only remedies for breach of warranty. Prior to initial use the purchaser shall have determined the suitability of the product for its intended use.
DPS does not warrant a) any product, components or parts not manufactured by DPS, b) defects caused by the purchaser's failure to provide a suitable installation environment for the product, c) damage caused by use of the product for purposes other than those for which is was designed, d) damage caused by disasters such as fire, flood, wind or lightening unless and to the extent that the product specification provides for resistance to a defined disaster, e) damage caused by unauthorized attachments or modifications, f) damage during shipment from the purchaser to DPS, or g) any abuse or misuse by the purchaser.
THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
In no event will DPS be liable for any special, incidental, or consequential damages based on breach of warranty, breach of contract, negligence, strict tort, or any other legal theory. Damages that DPS will not be responsible for include but are not limited to, loss of profits; loss of savings or revenue; loss of use of the product or any associated equipment; cost of capital; cost of any substitute equipment, facilities or services; downtime; claims of third parties including customers; and injury to property.
The purchaser shall fill out the requested information on the Product Warranty Card and mail the card to DPS. This card provides information that helps DPS make product improvements and develop new products.
For an additional fee DPS may, at its option, make available by written agreement only an extended warranty providing an additional period of time for the applicability of the standard warranty.
If a purchaser believes that a product is not operating in substantial conformance with DPS' published specifications or there appear to be defects in material and workmanship, the purchaser should contact our technical support representatives. If the problem cannot be corrected over the telephone and the product and problem are covered by the warranty, the technical support representative will authorize the return of the product for service and provide shipping information. If the product is out of warranty, repair charges will be quoted. All non-warranty repairs receive a 90-day warranty.
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