xiv PowerVu D9850 Program Receiver Installation and Operation Guide 4006105 Rev B
Warranty and Disclaimer
Statement
Scientific-Atlanta warrants good title to any hardware furnished by it. For software, we warrant that
we have the right to grant any software license granted. We warrant during the Warranty Period as
defined below that services will be performed in a good and workmanlike manner. We also warrant
that during the Warranty Period, each item we deliver (other than separately licensed software and
services) (an “Item”) will be free from material defects in workmanship and materials and under
ordinary use, conform in all material respects to its published specifications current at the time the
Item was shipped. Items may include refurbished goods, subassemblies or components which we
warrant as provided in this section.
Warranty Period
The Warranty Period begins on the date the Item is delivered and extends for 12 months for
hardware and 90 days for software, parts and services. We will repair or replace, at our option, any
product returned to us by the purchaser of such Item at the purchaser’s expense during the
Warranty Period, which fails to satisfy this Warranty, unless the failure was the result of shipping;
improper installation, maintenance or use; abnormal conditions of operation; attempted
modification or repair by the purchaser; or an act of God. We will reperform any services which do
not conform to this Warranty provided we have received notice of non-conformance within the
Warranty Period.
Disclaimer
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR
STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NONINFRINGEMENT. PURCHASER'S SOLE REMEDY FOR ANY
BREACH OF WARRANTY IS THE REPAIR OR REPLACEMENT, AT SCIENTIFIC-ATLANTA’S
OPTION, OF THE FAILED ITEM. SCIENTIFIC-ATLANTA SPECIFICALLY DISCLAIMS ANY AND
ALL WARRANTIES, EXPRESS OR IMPLIED, TO CUSTOMERS OF THE PURCHASER.
Purchaser’s Responsibility
The purchaser must pay packing, crating, and transportation costs to and from the factory. At the
purchaser’s request, we will make reasonable efforts to provide warranty service at the
purchaser’s premises, provided the purchaser pays our then current rates for field services and
the associated travel and living expenses.
Claims Under This Warranty
In case of a claim under this warranty, the purchaser should do the following:
1. Notify us by giving the Item model number, serial number and details of the difficulty.
2. On receipt of this information, the purchaser will be given service data or shipping
instructions.
3. On receipt of shipping instructions, forward the Item prepaid.
4. If the Item or fault is not covered by warranty, an estimate of charges will be furnished
before work begins.
Limitation of Liability
EXCEPT FOR CLAIMS FOR PERSONAL INJURY CAUSED BY ITEMS FURNISHED BY
SCIENTIFIC-ATLANTA, SCIENTIFIC-ATLANTA SHALL NOT BE LIABLE TO THE PURCHASER
OR ANY OTHER PERSON OR ENTITY FOR INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN
CONNECTION WITH THE TRANSACTION IN WHICH THE ITEMS OR SERVICES WERE
FURNISHED OR ANY ACTS OR OMISSIONS ASSOCIATED THEREWITH OR RELATING TO
THE SALE OR USE OF ANY ITEMS OR SERVICES FURNISHED, WHETHER SUCH CLAIM IS
BASED ON BREACH OF WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY AND
REGARDLESS OF THE CAUSES OF SUCH LOSS OR DAMAGES OR WHETHER ANY OTHER
REMEDY PROVIDED HEREIN FAILS. IN NO EVENT SHALL SCIENTIFIC-ATLANTA’S TOTAL
LIABILITY UNDER A CONTRACT EXCEED AN AMOUNT EQUAL TO THE TOTAL AMOUNT
PAID FOR ITEMS PURCHASED UNDER SUCH CONTRACT.