Warranty and Disclaimers.

  1. Limited Hardware Warranty for S25N, S25P, S25V, S50N, S50V, S55, S55R, S60, S60R, 2-Port 10G modules and external power supplies for the listed products ("Products"). Force10 Networks, Inc. ("Force10") warrants to original end users of the Dell Force10 branded Products ("End Users") listed above only, for a period of five (5) years from the date of original shipment by Force10 ("Hardware Warranty Term"), that the hardware portion of the Products ("Hardware") purchased from Force10 or its authorized resellers will be free of defects in material and workmanship under normal use and will perform substantially in accordance with Force10's published specifications for the Product purchased. The Hardware Warranty Term for items external to the Product chassis, including without limitation, cables, optical connectors, LEDs, stacking modules, and power cords equals one (1) year from original shipment by Force10. If the Hardware fails to comply with the foregoing applicable warranty during the applicable warranty period, (a "Defect") Force10, at its sole discretion, will repair or replace the Hardware that is determined to be defective according to the Hardware Return Material Authorization process described below, provide a workaround for the non-conforming Hardware, or if replacement or repair is impractical as determined by Force10 in its sole discretion, refund the fees paid by End User for such non-conforming Hardware. Repaired or replacement Hardware may include some used, refurbished or remanufactured components which are warranted equivalent of new.
  2. Limited Software Warranty. Force10 warrants to End User for a period of five (5) years commencing from the date of original shipment by Force10, that the software portion of the products ("Software") purchased from Force10 or its authorized resellers on or after April 1, 2010, will perform substantially in accordance with Force10's published specifications for the Software purchased. If the Software fails to comply with the foregoing warranty during the warranty period, Force10, at its sole discretion, will 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 as determined by Force10 in its sole discretion, refund the fees paid by End User for such non-conforming Software. If the End User purchases media, Force10 warrants that the media upon which the Software is furnished will be materially free of defects in material and workmanship for sixty (60) days from the date of original shipment by Force10. The sole and exclusive remedy of the End User for such Defects will be replacement of software media. Force10 does not warrant or guarantee that the Software is free from errors or "bugs" or that the End User 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 End User or will meet End User's requirements.
  3. Hardware Return Material Authorization. Products will be non-returnable except as provided in the "Limited Hardware or Software Warranty" set forth above. Prior to any return by End User of any Product, End User'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 End User via email or online notification. The End User 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, at its sole discretion, shall repair or replace the defective unit within ten (10) business days of receipt of the defective Product. Force10 may refuse any product not accompanied by an RMA and such refused shipments will be returned to End User freight collect. Replacement products will be warranted for the remaining Hardware Warranty Term 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 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 WILL 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 WILL 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 WILL 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 ARISING FROM 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.