Warranty for InterOptic
This warranty is effective as of August 10, 2019 and applies to new InterOptic branded equipment (collectively, the “Equipment”, i.e. “unused in box”, “new in box” equipment).
InterOptic warrants that the Equipment sold to Buyer will be free from defects in material and workmanship for a limited lifetime of such Equipment provided that the Equipment is properly stored, used and maintained.
Notwithstanding the foregoing, the warranty for certain Equipment shall be limited to the original purchaser for so long as InterOptic or its supplier continues to manufacture the purchased Product and it may not be reassigned by law or otherwise. The warranty period for InterOptic branded optical transceivers shall expire upon the earlier of: (a) five years from the date of shipment (depending on product type), or (b) the point at which the use exceeds the stated endurance limit as set forth in the applicable product specifications. The warranty period for InterOptic cables and harnesses of any type is three years from the date of purchase.
During the warranty period, InterOptic will, at its discretion, either replace defective Equipment with a properly functioning unit (“Replacement Equipment”) or issue a credit to Buyer for the purchase price paid by Buyer for the defective Equipment. InterOptic reserves the right to replace defective Equipment with the same model or an upgraded model with comparable functionality. “Replacement Equipment” is defined as new or refurbished equipment.
Buyer may open a warranty claim must accompany “proof of purchase” by contacting the InterOptic support desk via phone at 630-548-9870. InterOptic.
Buyer must ship the defective Equipment back to InterOptic unless otherwise agreed upon. Buyer must do so within ten days of receipt of Replacement Equipment or refund, whichever is applicable. If Buyer fails to return the defective Equipment, and if InterOptic issued Buyer a credit for the defective Equipment, InterOptic may cancel the credit. If Buyer fails to return the defective Equipment, and if InterOptic sent Replacement Equipment, Buyer shall be liable for the cost of such Replacement Equipment and InterOptic shall invoice Buyer accordingly.
The Buyer shall cover the costs of shipping the defective Equipment back to InterOptic and must be shipped from the same location to which InterOptic initially delivered the Equipment or another location with comparable shipping costs. Buyer must obtain a valid return authorization number from InterOptic prior to returning defective Equipment. In addition, Buyer must ship the defective Equipment using InterOptic’s account with its preferred carrier. If Buyer ships such defective Equipment per a different account or with a different carrier, InterOptic will not be liable for shipping costs.
If Buyer returns Equipment claiming that it was defective, but it is determined not to have been defective, Buyer shall be liable for all shipping costs associated with such improper return. In addition, if InterOptic issued Buyer a credit for such improperly returned Equipment, InterOptic
may cancel the credit and if InterOptic sent Replacement Equipment for such improperly returned Equipment, Buyer shall be liable for the cost of such Replacement Equipment and InterOptic shall invoice Buyer accordingly.
InterOptic will pay for the costs to ship Replacement Equipment to the Buyer but only if shipped to the same location to which InterOptic initially delivered the Equipment or another location with comparable shipping costs. Replacement Equipment will be shipped using InterOptic’s preferred carrier, freight prepaid by InterOptic. InterOptic shall also cover the cost of any import duties, taxes or other similar fees, arising in connection with the shipment of such Equipment, except for any such duties, taxes or fees arising as a result of shipments to or from India, China, Russia, Central America, South America, Philippines, South Korea, Thailand, or Saudi Arabia, which shall be Buyer’s responsibility.
This warranty does not apply to any failure of the Equipment due to misuse, abuse, accident, neglect, mishandling, lack of proper maintenance, environmental factors, improper installation or configuration, flood, fire or other natural disasters, physical damage, electrical issues such as lightning, power surges or incorrect electrical voltages, or improper modifications.
This warranty is nontransferable and only valid for the original purchaser of the Equipment (“Buyer”).
This warranty does not apply to any new OEM branded equipment for which InterOptic may be an authorized reseller or any new OEM branded equipment acquired for resale by InterOptic from an authorized reseller. Warranties for such equipment are provided solely by the manufacturer of the equipment. INTEROPTIC EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO ANY SUCH EQUIPMENT, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. To the extent it is authorized to do so, InterOptic will pass through to the Buyer any transferable warranties. InterOptic’s sole responsibility with respect to any such warranties is to provide Buyer with reasonable assistance in its efforts to have the manufacturer honor the warranties.
This warranty does not apply to any products purchased in wholesale transactions. This warranty does not cover mainframes, software, batteries, licenses or any equipment provided as part of InterOptic’s maintenance services or other services. InterOptic disclaims any warranty, express or implied, for such goods and services, except as separately agreed to in writing by InterOptic.
EXCEPT AS SET FORTH ABOVE, OR AS OTHERWISE AGREED TO BY INTEROPTIC IN WRITING, INTEROPTIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH REGARD TO THE EQUIPMENT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, SUITABILITY, OR NON-INFRINGEMENT.
THE REMEDY OF REPLACEMENT OR REFUND, AS DETERMINED IN INTEROPTIC’S SOLE DISCRETION, WILL BE THE EXCLUSIVE AND SOLE REMEDY OF BUYER WITH RESPECT TO ANY CLAIMS BASED ON THE EQUIPMENT. IN NO EVENT SHALL INTEROPTIC BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONTINGENT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGE OR LOSS OF OTHER PROPERTY OR GOODS, LOSS OF PROFITS OR REVENUE, LOSS OF USE OR LOSS OF DATA. THE LIFETIME WARRANTY COVERAGE SET FORTH ABOVE TERMINATES UPON THE SALE OR TRANSFER OF THE EQUIPMENT BY BUYER TO ANOTHER PARTY.