Warranty and Disclaimers.

  1. Limited Hardware Warranty for E-Series, C-Series, S-2410, S-4810, and Z9000 Products. Force10 Networks, Inc. ("Force10") warrants to the original End User Customer ("Customer") of the Dell Force10 branded products listed above for a period of one (1) year commencing from the date of original shipment by Force10, that the hardware portion of the product(s) listed above ("Hardware") purchased from Force10 or its authorized resellers, shall be free of defects in material and workmanship under normal use and will perform substantially in accordance with Force10's published specifications provided to Customer with the Hardware that are applicable to the product release purchased. If the Hardware fails to comply with the foregoing warranty during the applicable warranty period, (a "Defect") Force10, at its sole discretion, shall repair or replace the Hardware that is determined to be defective, provide a workaround for the non-conforming Hardware, or if replacement or repair is impractical, refund the fees paid by Customer for such non-conforming Hardware, (solely pursuant to the Hardware Return Material Authorization process describe below). The warranted Hardware may include some used, refurbished or remanufactured components which are warranted the equivalent of new.
  2. Limited Software Warranty. Force10 warrants to Customer for a period of ninety (90) days commencing from the date of original shipment by Force10, that the software portion of the products (the "Software" as described below) purchased from Force10 or its authorized resellers, will perform substantially in accordance with the Force10's published specifications provided to Customer with the Software for the product purchased. If the Software fails to comply with the foregoing warranty during the applicable warranty period, Force10, at its sole discretion, shall repair or replace the Software that is determined to be defective, provide a workaround for the non-conforming Software, or if replacement or repair is impractical, refund the fees paid by Customer for such non-conforming Software. If the Customer purchases media, Force10 warrants for sixty (60) days commencing from the date of original shipment by Force10 that the media upon which the Software is furnished shall be materially free of defects in material and workmanship under normal use. The sole and exclusive remedy of the Customer shall be replacement of software media. Force10 does not warrant or guarantee that the Software is free from errors or "bugs" or that the Customer will be able to operate the Software without interruption or problems or that the functions in the Software will operate in all combinations of hardware and software which may be selected by Customer or will meet Customer's requirements.
  3. Hardware Return Material Authorization. Products shall be non-returnable except as provided in the "Limited Hardware Warranty" set forth above. Prior to any return by Customer of any product, Customer's claim under Force10's warranty must be promptly submitted to Force10 TAC in accordance with the procedures posted at www.force10networks.com/support. A Return Material Authorization (RMA) number will be assigned by a TAC engineer and communicated to the Customer via email or online notification. Customer must clearly mark the RMA number on the returned item packaging label and return the products with the RMA form to Force10's designated repair facility, freight and insurance prepaid with a written statement describing the Defect. Force10 may refuse any product not accompanied by an RMA and such refused shipments will be returned to Customer freight collect. Replacement products will be warranted for the remaining warranty period of the original product.
  4. DISCLAIMERS. THE FOREGOING WARRANTIES DO NOT APPLY IF THE PRODUCT (i) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH FORCE10'S INSTRUCTIONS, (ii) HAS BEEN MISHANDLED, MISTREATED, USED OR MAINTAINED OR STORED OTHER THAN IN CONFORMITY WITH FORCE10'S APPLICABLE PRODUCT PUBLISHED SPECIFICATIONS, (iii) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, ENVIRONMENT, NEGLIGENCE, ACT OF GOD, OR ACCIDENT. ANY PRODUCT SOLD OR, IN THE CASE OF SOFTWARE, LICENSED, FOR BETA, EVALUATION, TESTING, OR DEMONSTRATION PURPOSES FOR WHICH FORCE10 DOES NOT RECEIVE A PAYMENT OF PURCHASE PRICE OR LICENSE FEE IS PROVIDED "AS IS" WITH NO WARRANTY AND SHALL ONLY BE USED FOR TESTING OR EVALUATION, AS AUTHORIZED BY FORCE10, AND NOT USED FOR PRODUCTION USE. THE WARRANTIES AND DISCLAIMERS ABOVE CONSTITUTE FORCE10 AND ITS AUTHORIZED RESELLERS, SUPPLIERS AND LICENSORS' SOLE AND EXCLUSIVE LIABILITY HEREUNDER AND CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR DEFECTIVE OR NONCONFORMING PRODUCTS AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE, NONINFRINGEMENT, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE. . SUCH LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO CUSTOMER IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST. IN NO EVENT SHALL FORCE10'S LIABILITY UNDER THIS WARRANTY EXCEED THE COST OF REPAIR OR REPLACEMENT OF SUCH DEFECTIVE ITEM. CUSTOMER ACKNOWLEDGES AND AGREES THAT THIRD PARTY SOURCES PROVIDE NO WARRANTIES AND SHALL HAVE NO LIABILITY WHATSOEVER IN RESPECT OF CUSTOMER'S POSSESSION AND/OR USE OF THIRD PARTY SOFTWARE. NOTWITHSTANDING ANYTHING CONTRARY HEREIN, IN NO EVENT WILL FORCE10, ITS SUPPLIERS, LICENSORS, DISTRIBUTORS, OR RESELLERS BE LIABLE FOR ANY CLAIMS WHERE THE COMBINATION OF PRODUCTS WITH OTHER SOFTWARE OR HARDWARE NOT PROVIDED BY FORCE10 WHERE THE COMBINATION CAUSES THE CLAIM AND NOT THE PRODUCT STANDING ALONE.