ZXDSL 931DII User Manual
ii
to reject, return, or receive a refund for any Equipment from ZTE. Any item
repaired or replaced by ZTE shall continue to be warranted for the longer of
the remainder of the original warranty period or 90 days from the date the
repaired or replaced part is delivered to the carrier.
THIS WARRANTY (1) IS END USER'S SOLE REMEDY AND ZTE’S SOLE
LIABILITY FOR DEFECTIVE OR NONCONFORMING ITEMS, AND IS
IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED, IMPLIED OR
STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, UNLESS OTHERWISE REQUIRED UNDER
THE MANDATORY PROVISIONS OF THE CHINESE LAW, AND (2) IS
BETWEEN ZTE AND END USER (AS THE ORIGINAL PURCHASER FOR
END USE) AND MAY NOT BE TRANSFERRED OR ASSIGNED, BY
OPERATION OF LAW OR OTHERWISE, WITHOUT ZTE’S PRIOR
WRITTEN CONSENT.
Limitation of Liability
ZTE SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH
USAGE OF THIS PRODUCT, WHETHER OR NOT ZTE HAD BEEN
ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY
OF SUCH DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST
PROFITS, COST OF CAPITAL, COST OF SUBSTITUTE FACILITIES OR
EQUIPMENT, ANY DOWNTIME COSTS OR CLAIMS OF END USERS.
THE LIABILITY OF EACH PARTY UNDER THIS AGREEMENT,
WHETHER ARISING OUT OF BREACH OF CONTRACT (INCLUDING
BUT NOT LIMITED TO BREACH OF WARRANTY) OR TORT
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