The warranty periods and terms specified below apply to products sourced directly from Dialogic Inc. or its subsidiaries ("Dialogic") unless different terms have been agreed to in a signed agreement between yourself and Dialogic. These periods and terms are subject to change without notice. For purchases not made directly from Dialogic please contact your direct vendor in connection with the warranty period and terms that they offer. The period for which the warranty shall apply (the "Warranty Period") with respect to Products shall commence on the date of shipment of Products by Dialogic and run for the length of time published below.
Standard Warranty Period for Dialogic® Products
Product family
|
Warranty Period |
Dialogic® DSI SS7 Boards*
* For SS7SPCI4 boards, warranty is 2 years or until December 31, 2018, whichever is first.
|
2-years
|
Dialogic® DSI Signaling Servers
|
2-years
|
Dialogic® Brooktrout® Fax Boards
|
1-year
|
|
|
Dialogic® TX Series SS7 Boards
|
18 months
|
|
|
Dialogic® I-Gate® 4000 Media Gateway Series
|
1-year
|
Dialogic® I-Gate® 4000 Session Bandwidth Optimizer Core
|
1-year
|
Dialogic® ControlSwitch™ System
|
1-year
|
Dialogic® I-Gate® 4000 SIP Gateway
|
1-year
|
Warranty Period for Refurbished Products
|
90 days
|
Limited Warranty Terms:
Warranty for Software Products: The only warranty Dialogic makes is that the medium on which the program is recorded will be replaced without charge if Dialogic, acting reasonably, determines that it was defective in materials or workmanship and if returned to Dialogic with a copy of your receipt within ninety (90) days from the date you received it. Dialogic offers no warranty for the installation of the program even if it has provided assistance to you in making such installation. This Limited Warranty is void if failure of the program has resulted from accident, misuse, abuse or misapplication. DIALOGIC'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE, AT DIALOGIC'S OPTION, EITHER (A) RETURN OF THE PRICE PAID OR (B) REPAIR OR REPLACEMENT OF THE PROGRAM THAT DOES NOT MEET THIS WARRANTY. ANY REPLACEMENT PROGRAM WILL BE WARRANTED FOR THE REMAINDER OF THE ORIGINAL WARRANTY PERIOD.
Warranty for Hardware Products: Dialogic warrants that at the time of delivery the hardware products supplied hereunder will be free from defects in material and workmanship. This warranty is void if the defect has resulted from accident, misuse, abuse or misapplication. Any hardware product which becomes defective during the warranty period and is returned to Dialogic's Authorized Service Center with a Return Material Authorization (RMA) number (which must be obtained from Dialogic before any return) within thirty (30) days after discovery of the defect with a written description of the defect will be repaired or replaced at Dialogic's option. Freight charges will be paid by Dialogic only for shipment back to you.
Additional Exclusions: Dialogic will have no obligation to make repairs or replacements necessitated by your fault or negligence, improper or unauthorized use of the product, exposure of the product - during usage and/or storage - to abnormal atmospheric or environmental conditions (including but not limited to conditions outside of the ranges set forth within product specifications), repairs or modifications made without Dialogic's prior written approval, or by causes beyond the control of Dialogic, including, but not limited to, power or air conditioning failure, acts of God, improper interface with other units, or malfunction of any equipment or software used with the Dialogic product(s). If Dialogic is requested and agrees to make repairs or replacements necessitated by any such causes, you will pay for such service or replacement at Dialogic's then prevailing rates.
No Other Warranties: DIALOGIC DISCLAIMS AND YOU WAIVE ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY AGAINST LATENT DEFECTS, WITH RESPECT TO ANY DIALOGIC PRODUCT.
No Liability for Damages: IN NO EVENT SHALL DIALOGIC OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, INTERRUPTION OF ACTIVITIES, LOSS OF INFORMATION OR OTHER PECUNIARY LOSS AND DIRECT OR INDIRECT, CONSEQUENTIAL, INCIDENTAL, ECONOMIC OR PUNITIVE DAMAGES) ARISING OUT OF THE USE OF OR INABILITY TO USE ANY DIALOGIC PRODUCT.
Limitation of Liability: DIALOGIC'S MAXIMUM CUMULATIVE LIABILITY SHALL BE LIMITED TO THE AMOUNTS ACTUALLY PAID BY YOU TO DIALOGIC FOR THE SPECIFIC PRODUCT BEING THE OBJECT OF THE CLAIM. YOU RELEASE DIALOGIC FROM ALL AMOUNTS IN EXCESS OF THE LIMITATION. THE PARTIES ACKNOWLEDGE THAT THIS CONDITION IS ESSENTIAL AND THAT DIALOGIC WOULD NOT SUPPLY TO YOU IF IT WERE NOT INCLUDED.