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product, and Yamaha Unified Communications will retain risk of loss or
damage until the item is delivered to Customer. Any customer request for
expedited shipping will be considered on a case-by-case basis and will be at the
sole expense of the customer. Any product found to be not covered under the
terms of this warranty, per the exclusions listed below, will be treated as an
out-of-warranty service and will be billed to the customer according to the
Yamaha Unified Communications Product Repair Policy. The sole exceptions to
the terms of this warranty are those listed as part of the Yamaha Unified
Communications DOA Replacement Policy.
Exclusions and Remedies
Yamaha Unified Communications will not be liable under this limited warranty
if its testing and examination disclose that the alleged defect or malfunction in
the product does not exist or results from:
►Failure to follow Yamaha Unified Communications’ installation, operation, or
maintenance instructions;
►Product modification or alteration, including but not limited to modification
or removal of the serial number.
►Use of common carrier communication services accessed through the
product;
►Failure of Consumable Components and Accessories including but not
limited to batteries and cables.
►Abuse, misuse, negligent acts or omissions of Customer and persons under
Customer’s control; or
►Acts of third parties or products, acts of God, accident, fire, lightning, power
surges, outages, or other hazards, or any other cause outside of Yamaha
Unified Communications’ reasonable control.
WARRANTY EXCLUSION
IF A YAMAHA UNIFIED COMMUNICATIONS PRODUCT DOES NOT OPERATE
AS WARRANTED ABOVE, CUSTOMER’S SOLE REMEDY FOR BREACH OF
THAT WARRANTY SHALL BE REPAIR, REPLACEMENT, OR REFUND OF THE
PURCHASE PRICES PAID, AT YAMAHA UNIFIED COMMUNICATIONS’S
OPTION. TO THE FULL EXTENT ALLOWED BY LAW, THE FOREGOING
WARRANTIES AND REMEDIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL
OTHER WARRANTIES, TERMS OR CONDITIONS, EXPRESS OR IMPLIED,
EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE,
INCLUDING WARRANTIES, TERMS OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY,
CORRESPONDENCE WITH DESCRIPTION, AND NONINFRINGEMENT, ALL OF