Terms and Conditions of Sales
Limited Product Warranty: Fiberwave warrants only to the original buyer that all products made by Fiberwave are free from defects in material and workmanship. Under warranty Fiberwave will repair or replace at it’s sole option, products made by it, which upon inspection by Fiberwave and in the sole opinion of Fiberwave, are determined to be defective in workmanship or material.
All products repaired or replaced by under warranty are only warranted for the remaining unexpired period of time in the original warranty for the particular defective product. These warranties shall extend to all products which have proved defective through normal use, but excludes and does not cover any products or parts thereof which have been accidentally damaged, disassembled, modified, misused, used in applications which exceed their specifications ratings, neglected, improperly installed or otherwise abused. Buyer must claim under warranty in writing no later than thirty (30) days after the claimed defect is discovered. All claims under this warranty must be made by the buyer and no claim will be accepted from any third party.
Repair Procedure: Fiberwave will only accept returns for which an approved Return Material Authorization (RMA) has been issued. Defective products shall be returned prepaid and insured to Fiberwave at the address shown herein. All products which have been returned to Fiberwave but which are found to meet all previously applicable specifications for such products, shall be subject to Fiberwave standard examination charge in effect at the time, which shall be charged to the buyer. All items being returned to Fiberwave which are not accompanied by an itemized statement of defects, shall be returned to the buyer, at the buyers expense.
Liability: EXCEPT FOR THE WARRANTIES STATED HEREIN, NO WARRANTY, CONDITION OR REPRESENTATION EXPRESS/NEWS, IMPLIED, ORAL OR STATUTORY, IS PROVIDED INCLUDING, WITHOUT LIMITATION, ANY WARRANTY, CONDITION OR REPRESENTATION: (1) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (2) UNDER THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS; (3) THAT THE GOODS WILL BE FREE FROM INFRINGEMENT OR VIOLATION OF ANY RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS OF ANY KIND, OF THIRD PARTIES. THE BUYER’S SOLE AND EXCLUSIVE REMEDIES HEREUNDER AND THE ONLY LIABILITY OF FIBERWAVE IS EXPRESS/NEWSLY LIMITED TO THE TERMS OF THE WARRANTY SET OUT HEREIN. BUYER WAIVES AND AGREES NOT TO SUE UPON, AND RELEASES SELLER FROM, ANY AND ALL LIABILITY FOR SELLER’S NEGLIGENCE, BREACH OF CONTRACT OTHER THAN AS PROVIDED HEREIN, BREACH OF WARRANTY OTHER THAN AS PROVIDED HEREIN, STRICT LIABILITY IN TORT, AND/OR OTHER TORT. THE WAIVER AGREEMENT AND RELEASE IN THE FOREGOING SENTENCE IS BINDING UPON SELLER’S SUCCESSORS IN AND ASSIGNS. IN NO EVENT WILL FIBERWAVE CORPORATION BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF FIBERWAVE CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.BUYER’S EXCLUSIVE REMEDIES ARE SET FORTH IN SECTION 5 HEREOF, AND BUYER HEREBY WAIVES ALL OTHER REMEDIES. IN NO EVENT WILL FIBERWAVE CORPORATION BE LIABLE FOR ANY DAMAGES CAUSED BY BUYER’S FAILURE TO PERFORM ITS RESPONSIBILITIES OR FOR ANY CLAIM AGAINST THE BUYER IN THIS SECTION, EVEN IF IT SHOULD BE DETERMINED THAT THE REMEDIES UNDER THIS CONTRACT HAVE FAILED OF THEIR ESSENTIAL PURPOSE. IN THE EVENT BUYER IS TO FURNISH TO FIBERWAVE CORPORATION ANY PRODUCT OR MATERIAL UPON WHICH FIBERWAVE CORPORATION RELIES, FIBERWAVE CORPORATION SHALL NOT BE LIABLE IN ANY WAY DUE TO DAMAGES, LOSS OR SPOILAGE OR PRODUCTS OR MATERIAL.
Applicable Law: The rights of Buyer and Seller and the terms and conditions contained herein shall be governed by and construed in accordance with the laws of the State Of New York applicable to contracts made and to be wholly performed in New York, without regard to its choice of law rules. Any claim or dispute arising under this warranty or in connection with any sale shall be brought only in the state or federal courts in the State of New York, County of Kings and buyer consents to personal jurisdiction in said courts.
Returns are costly for us both, so we are committed to products and processes that make most returns unneeded. When returns are needed:
- Please call, fax or e-mail us immediately, telling us what you received and what you actually need.
- If you have received the wrong product, we will send you the correct product immediately, and ask that you return the original product. If the product is found to be defective, and has not been accidentally damaged, disassembled, modified, misused, used in applications which exceed their specifications ratings, neglected, improperly installed or otherwise abused, we will repair or replace it at our discretion.
- Fiberwave will only accept returns for which an approved Return Material Authorization (RMA) has been issued. Defective products shall be returned prepaid and insured to Fiberwave at the address shown herein.
- All products which have been returned to Fiberwave but which are found to meet all previously applicable specifications for such products, shall be subject to Fiberwave standard examination charge in effect at the time, which shall be charged to the buyer.
- All items returned to Fiberwave which are not accompanied by an itemized statement of defects, shall be returned to the buyer, at the buyer’s expense.
- All shipping charges shall be borne by the buyer.
If at any time any Fiberwave policy causes a hardship for you or your company, please contact your Fiberwave Representative at once. Our business has been built by our customers, and we will try to satisfy your requirements—and exceed your expectations—at all times.
Fiberwave and Fiberwave logo are registered trademarks and connect with confidence® is a registered trademark of Fiberwave Corporation. All other trademarks are the property of their respective owners. All products, terms and conditions, prices and specifications are subject to change without prior notice. Fiberwave products and catalogs are offered to qualified business users exclusively; for details, please call 1-800-280-9011 or 1-718-802-9011. Not responsible for typographical or software errors. As we are committed to a policy of continuous improvement, some products may differ from illustrations.
© 2001, Fiberwave Corporation. All rights reserved.
At Fiberwave, we value your privacy and your trust very highly, whether you are a customer or not. To validate this trust, we pledge that:
- Fiberwave will never disclose, share or sell any information about your account, your purchases or your business with any other source, business, or organization of any kind, unless we receive your express written permission in advance.
- If you become a Fiberwave Preferred Customer, for identification purposes we will download one cookie to your hard drive, timed to expire after one year. We will never deposit any other cookies on your PC without your permission.
- Fiberwave will never record any information from or about your PC, other than your e-mail address.
- If you give us your e-mail address, we may e-mail you important news about our business from time to time, always offering a cancelation option. We will never send you large or executable files unless, under special circumstances, you specifically authorize us to do so.
- Please note that linked sites often deposit multiple cookies, and that Fiberwave cannot be responsible for these or events at other sites.
- Fiberwave is a member of the VeriSign Secure Site program. The VeriSign Secure Site Program allows you to learn more about web sites you visit before you submit any confidential information. VeriSign, a highly recognized organization in information security and authentication, certifies Fiberwave’s identity and provides powerful encryption services. Click the Secure Site seal below to view this server’s VeriSign identity.
- As time and technology advance, new security and privacy issues will arise, and new policies may be developed. If you have any concerns about our treatment of these issues, please e-mail:firstname.lastname@example.org
- You see, we always want you to be able to Connect with Confidence®, no matter what way you choose to connect.