SMC Doing Business As (DBA) IgniteNet
Nothing in this End-user Limited Product Warranty affects your rights as End-user.
End-user is a person or organization that ultimately uses or is intended to ultimately use a product, as opposed to a person or organization that authorizes, orders, procures, or pays for the product.
The End-User Limited Product Warranty detailed below is granted by SMC Networks Corporation DBA IgniteNet (hereinafter referred to as “IgniteNet”) and applies only to IgniteNet brand hardware products (hereinafter referred to as the “Product” or “Products”) sold by IgniteNet subsidiaries, affiliates, authorized resellers, or country distributors (hereinafter referred to as “IgniteNet Resellers”). The warranty period stated below supersedes and replaces the warranty period as stated in the user manuals for the relevant products.
The warranty period is effective on the date of purchase of the Product from IgniteNet or a IgniteNet Reseller for a period of two (2) years. The dated sales or delivery receipt showing the date of purchase serves as the proof of purchase. You may be required to present the proof of purchase to avail of the warranty service. If there is no proof indicating the purchase date, the manufacture date shall be considered as the beginning of the warranty period. The Warranty extends only to the original End-user purchaser and is not transferable to anyone who obtains ownership of the Product from the original end user purchaser.
IgniteNet warrants the Products will be free from defect in workmanship and materials under the normal use during the warranty period as provided above for respective Product segment. IgniteNet may, at its own discretion, repair or replace any product not operating as warranted during the applicable warranty period with a similar or functionally equivalent product in accordance to the term of the applicable law.
In the event that the Product is found to be defective during the warranty period, the End-user shall contact IgniteNet Support at http://www.ignitenet.com/support to request the return of the defective product within the warranty period. For warranty service, the Product shall be returned to IgniteNet for repair or replacement. If the product cannot be repaired it will be replaced by a Product with the same, similar, or with equivalent features as the case may be without prejudice to any remedy compulsory at applicable law.
IgniteNet shall strive to repair or replace any Product returned under the warranty in a reasonable turn-around-time. Due to the appearance of new technologies, the existing ones returned to IgniteNet could become obsolete and therefore IgniteNet may replace such obsolete Products with other Products in the same or similar range which have incorporated the new technologies. Replacement units will match or exceed the features of the defective unit but may have certain hardware differences. If the defective Product is part of a switch Products stack, IgniteNet will not be liable for repairing or replacing all of the switch Products in the stack but only the defective switch Product.
All Products returned to IgniteNet for the replacement shall become IgniteNet’s own property. All replaced or repaired products will have a continuing warranty for thirty (30) days or the remainder of the initial warranty, whichever is more beneficial to the End-user. IgniteNet shall not be responsible for any End-user combined software or hardware and the configuration information or data introduced into the memory or any content stored or integrated into the Product by End-user when perform the warranty service.
Before returning a Product, all accessories and complements that the End-user may have installed, such as expansion modules, should be removed. IgniteNet shall not be responsible for such items if they are returned together with the Product.
WARRANTIES EXCLUSIVE: IF AN IGNITENET PRODUCT DOES NOT OPERATE AS WARRANTED ABOVE, END-USER’S SOLE REMEDY SHALL BE REPAIR OR REPLACEMENT OF THE PRODUCT IN QUESTION, AT IGNITENET’S DISCRETION. THE FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PRODUCTS ARE NOT WARRANTED TO OPERATE UNINTERRUPTED OR ERROR FREE. IGNITENET NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE OR USE OF ITS PRODUCTS. IGNITENET SHALL NOT BE LIABLE UNDER THIS WARRANTY IF ITS TESTING AND EXAMINATION DISCLOSE THE ALLEGED DEFECT IN THE PRODUCT DOES NOT EXIST OR WAS CAUSED BY END-USER’S OR ANY THIRD PERSON’S MISUSE, NEGLECT, IMPROPER INSTALLATION OR TESTING, UNAUTHORIZED ATTEMPTS TO REPAIR, OR ANY OTHER CAUSE BEYOND THE RANGE OF THE INTENDED USE, OR BY ACCIDENT, FIRE, LIGHTNING, FORCE MAJEURE EVENT OR ANY OTHER HAZARD.
LIMITATION OF LIABILITY: IN NO EVENT, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), SHALL IGNITENET BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE, LOSS OF BUSINESS, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF ITS PRODUCTS, EVEN IF IGNITENET OR ITS AUTHORIZED RESELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR END-USER PRODUCTS, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTHING IN THIS WARRANTY STATEMENT SHALL BE TAKEN TO LIMIT AND AFFECT YOUR RIGHTS COMPULSORY AT APPLICABLE LAW.