Ribbon Limited Product Warranty
Ribbon warrants that Ribbon Branded (a) Hardware Products will be free from material defects in the product materials and workmanship and will substantially conform to Ribbon’s published user documentation on the date of purchase, and (b) Software Products will substantially conform to Ribbon’s published user documentation on the date of purchase. Except as otherwise may be agreed by Ribbon in writing, the warranty period for Ribbon Branded Hardware Products is twelve (12) months from the product shipment date. (Although there is an exception (i) for the Ribbon EdgeMarc Products, the Hardware warranty period is sixty (60) months from the product shipment date, and (ii) for the Ribbon packet and optical Hardware Products the warranty period is twelve (12) months from completion of the final acceptance test, but not more than eighteen (18) months after delivery, whichever comes first). The warranty period for the Ribbon Branded Software Products is ninety (90) days from the applicable shipment date or access date for Customer download. (Although there is an exception for the Ribbon packet and optical Software Products for which the Software warranty period is ninety (90) days from completion of final acceptance, but not more than nine (9) months from the applicable shipment date or access date for Customer download). The foregoing Ribbon limited product warranties are subject to Customer providing written notice to Ribbon of an alleged defect during the applicable warranty period. Ribbon’s support team will notify Customer whether Ribbon elects to replace the allegedly defective product or to use commercially reasonable efforts to repair, correct or work around the problem by means of telephone support including patches, corrective software releases or other means reasonably determined by Ribbon.
Ribbon will have no obligation hereunder if its tests disclose that the alleged defect is due to causes not within Ribbon’s control, including alteration or abuse of the Hardware and/or Software Product. This limited warranty is void if failure of the Hardware and/or Software Product has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Hardware and/or Software Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Ribbon will use commercially reasonable efforts to provide your remedy within a commercially reasonable time of your compliance with Ribbon’s warranty remedy procedures. Neither these remedies nor any product support services offered by Ribbon are available without proof of purchase upon request. Software Products are not warranted to be error free. Ribbon’s sole liability, and Customer's sole and exclusive remedy, for Product defects, is limited to the express remedies set forth herein. Ribbon’s sole liability and Customer’s sole and exclusive remedy, for any and all warranty claims, is limited to the express remedies set forth herein. RIBBON MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, IN CONNECTION WITH THIS AGREEMENT. ALL OTHER WARRANTIES AS TO THE QUALITY, CONDITION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT ARE EXPRESSLY DISCLAIMED. Third party products and services purchased from Ribbon shall be solely and exclusively covered by the applicable third-party warranty.