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Vertical SBX IP Warranty

MANUFACTURER’S WARRANTY

Vertical SBX IP 320 Converged Telephony Systems

Vertical SBX IP 320 systems sold by Vertical Communications Systems

(“Vertical”), 4717 E. Hilton Ave. Suite 400, Phoenix, AZ 85034, are subject to

warranty against defects in material and workmanship under normal use and

service for a period of sixty (60) months from date of purchase. This warranty is

considered void when damage or failure is due to, but not limited to, any of the

following: Liquid or chemical damage, lightning, power surge, misuse,

negligence, improper packaging and/or handling, unauthorized modification,

miswiring, and/or repair. VERTICAL’s obligation under this warranty is limited to

the repair or replacement, at VERTICAL’s option, of defective parts. This

warranty is made on condition that prompt notice of any defect is given to

VERTICAL in writing within the warranty period and that VERTICAL’s inspection

shall reveal to VERTICAL’s satisfaction that the buyer’s claim is valid under the

terms of this warranty. The Magnuson-Moss Warranty Act should not apply;

however, in the event that it is held to apply by a court of competent jurisdiction,

the implied warranty of fitness for a particular purpose shall extend for the oneyear

period from the date the equipment was manufactured.

VERTICAL MAKES NO WARRANTY OTHER THAN THE ONE SET FORTH HEREIN.

THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR

IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESSED OR IMPLIED

WARRANTY OF MERCHANTABILITY, OF FITNESS OR AGAINST INFRINGEMENT,

AND IT CONSTITUTES THE ONLY WARRANTY MADE WITH RESPECT TO THE

GOODS COVERED BY THESE TERMS AND CONDITIONS. IN NO EVENT SHALL

VERTICAL BE LIABLE FOR LOSS OF ANTICIPATED PROFITS, INCIDENTAL OR

CONSEQUENTIAL DAMAGE, LOSS OF TIME, OR OTHER LOSSED INCURRED BY

BUYER IN CONNECTION WITH THE PURCHASE, POSSESSION, OPERATION, OR

USE OF THE EQUIPMENT, SUCH CLAIMS BEING EXPRESSLY WAIVED BY THE

INSTALLING COMPANY.

SBX IP 320 page 2 of 5 Rev090908

REPAIR POLICY AND PROCEDURES

Vertical SBX IP 320 Converged Telephony Systems

CUSTOMER SERVICE: Should a Vertical SBX IP 320 System product be found

defective, the installer/technician should phone VERTICAL's Technical Support.

One of our technicians will troubleshoot the equipment by phone with the

installer/technician. If the product is determined by VERTICAL to be defective,

one of the below listed procedures should be initiated to resolve the problem.

1. OUT-OF-BOX DEFECTIVE

Out-of-Box defective is defined as a product found to be defective during the

first 45 days from date of installation. For out-of-box defective products,

VERTICAL will ship a replacement unit, overnight air, freight allowed (F.O.B.

Warehouse Freight Prepaid). A purchase order is required, and the unit will

be billed at the current list price. This full amount will be credited if the

defective product is properly returned within sixty (60) days. THE

RETURNED PRODUCT MUST BE PACKAGED PROPERLY, MULTIPLE

ITEMS PACKAGED INDIVIDUALLY, AND PRODUCT MUST BE IN A NEW

CONDITION. IF THE DEALER RETURNS PRODUCT PACKAGED

IMPROPERLY, ABUSED, MISSING PARTS, OR IS DETERMINED NOT TO

BE A TRUE OUT-OF-BOX FAILURE, VERTICAL WILL REVIEW THE

CONDITION OF THE PRODUCT AND, IF WARRANTED, TAKE THE

FOLLOWING ACTION: THE DEALER WILL BE NOTIFIED IN WRITING

(PICTURES INCLUDED) OF THE CONDITION OF THE PRODUCT WHEN

RETURNED. VERTICAL MAY ELECT NOT TO ISSUE CREDIT TO THE

DEALER FOR THE ADVANCE REPLACEMENT AND THE INVOICE WILL

BE DUE AT THAT TIME. THE DEALER WILL THEN HAVE THE OPTION

FOR VERTICAL TO RETURN THE PRODUCT AS IS OR REPAIR IT AND

THEN RETURN IT TO THE DEALER. IF PRODUCT IS DETERMINED TO

BE ABUSED, A REPAIR CHARGE WILL BE ASSESSED. IF NOT

ABUSED, THE PRODUCT WILL BE REPAIRED UNDER WARRANTY. The

Material Return authorization number is valid for products returned within

sixty (60) days of issuance. VERTICAL reserves the right to replace, at its

discretion, out-of-box defective products with "C" stock (like new).

SHIPPING: For return shipments of replaced product, the defective unit, unit

packing box, and the manifest list used for shipping are to be marked with the

assigned Material Return (MRA) authorization number. A short but clear

description of the defect found must be attached to the defective unit.

This will insure the problem experienced will be found and corrected.

Please clearly mark the Return Authorization Number on the outside of your

shipping box and ship the product, freight prepaid to:

SBX IP 320 page 3 of 5 Rev090908

Vertical Communications

4717 E. Hilton Avenue, Suite 400

Phoenix, AZ 85034

NOTE: Freight collect shipments will not be accepted.

NOTE: ANY PRODUCT RECEIVED WITHOUT THE ASSIGNED MRA NUMBER

AND PROPER PAPERWORK WILL BE RETURNED FREIGHT COLLECT.

2. IN-WARRANTY REPAIR

Warranty repairs will be completed through a Vertical authorized repair

facility. Please contact AZTEC Capital, LLC at 866-607-1179 to make

arrangements for repair and return of equipment.

Product received with missing parts (i.e., no line cord, handset cord, handset,

faceplate, button caps, etc.) will be repaired, missing parts replaced and

invoiced accordingly. Repaired product will carry a repair warranty for one (1)

year from the date of repair.

NOTE: Warranty is considered void when damage or failure is due to, but

not limited to any of the following: liquid or chemical damage, lightning, power

surge, misuse, negligence, improper packaging and/or mishandling,

unauthorized modification and/or repair or improper wiring.

NOTES: AZTEC’S ONE (1) YEAR REPAIR CENTER WARRANTY WILL

COVER ONLY THE REPLACED COMPONENTS AND WORK RELATED

TO THE REPAIR PERFORMED BY AZTEC.

INSTALLING COMPANIES ARE STRONGLY URGED TO MAINTAIN

ADEQUATE SPARE INVENTORY TO REPLACE UNITS RETURNED FOR

REPAIR.

3. OUT-OF-WARRANTY REPAIR

Out-of-warranty repairs will be completed through a Vertical authorized repair

facility. Please contact AZTEC Capital, LLC at 866-607-1179 to make

arrangements for repair and return of equipment.

Product received will be repaired or replaced at AZTEC’S option and returned

surface freight within fourteen (14) working days from the date received at the

repair center. Product received with missing parts (i.e., no line cord, handset

cord, handset, faceplate, button caps, etc.) will be repaired, missing parts

replaced and invoiced accordingly. Repaired product will carry a repair

warranty for one (1) year from the date of repair.

SBX IP 320 page 4 of 5 Rev090908

Repair/return product can be shipped to the following repair location:

AZTEC Capital, LLC

ATTN: VERTICAL REPAIR

5 CONNAIR ROAD

ORANGE, CT 06854

Tel: 866-607-1179

Fax: 203-795-0210

4. WARRANTY VIA PROOF OF PURCHASE FOR OUT-OF-BOX DEFECTIVE

AND/OR REPAIR AND RETURNS

In some instances a Dealer may experience a situation where the

manufacturer's date code does not allow a full twenty-four (24) or sixty (60)

month warranty. In these situations, VERTICAL will honor the full twenty-four

(24) or sixty (60) month warranty upon receipt from the Dealer, a copy of the

proof of purchase of said item, provided that the manufacturer's date code

does not exceed three (3) years or a copy of the proof of installation provided

that not more than 4 months have elapsed from the date of purchase. A

Customer Service Representative will be required to obtain the

manufacturer's date code at the time the request is made to return the

product for repair.

5. IN SERVICE/IN WARRANTY FOR CRITICAL ITEMS SUPPORT

In some instances a customer may find that they are out of stock on a certain

item. In those instances, VERTICAL will provide an In Service/In Warranty

replacement part as follows:

- Product is within manufacturer’s warranty

- Product is a critical item.

Product will be shipped at VERTICAL’s expense (ground). If the Dealer

wishes to expedite for faster delivery, it will be the dealer’s responsibility to

pay the freight expenses. An In-Service Advance Replacement Fee will be

invoiced to the Dealer to cover inventory/restocking costs as follows:

Product value = Up to - $100 = ISAR fee $25.00

$101 - $300 = ISAR fee $50.00

$301 + = ISAR fee $75.00

One fee will be incurred per order based upon the highest priced product on

order.

6. CREDIT AUTHORIZATION

All returns for credit must be previously approved or authorized by

VERTICAL.

7. CREDIT/PAYMENT TERMS

VERTICAL will invoice for Advance Replacements on the date of actual

shipment. Equipment will qualify for credit upon return within sixty (60) days.

SBX IP 320 page 5 of 5 Rev090908

If the equipment is not returned within this time frame, the Advance

Replacement invoice is due and payable immediately. In addition, past due

invoices may result in suspension of Technical Support services.

8. EQUIPMENT DAMAGED IN SHIPMENT

All merchandise has been thoroughly inspected and packed before leaving

our facility. Responsibility FOR DELIVERY IS ASSUMED BY THE

CARRIER. CLAIM FOR LOSS OR DAMAGE IS TO BE MADE UPON THE

CARRIER BY VERTICAL, as follows:

Concealed Loss or Damage

Concealed loss or damage means loss or damage, which does not become

apparent until the merchandise has been unpacked. The contents may be

damaged in transit due to rough handling, even though the carton does not

show external damage. WHEN THE DAMAGE IS DISCOVERED UPON

UNPACKING, MAKE REQUEST FOR INSPECTION BY THE CARRIER’S

AGENT WITHIN FIFTEEN DAYS OF THE DELIVERY DATE. Forward a

copy of the damage report to Vertical since such damage is the carrier’s

responsibility. Retain all packing material for inspection.

Visible Loss or Damage

External evidence of loss or damage MUST BE NOTED ON THE FREIGHT

BILL OR EXPRESS RECEIPT, AND SIGNED BY THE CARRIER’S AGENT.

Failure to adequately describe such external evidence of loss or damage may

result in the carrier refusing to honor a damage claim. (In such a

circumstance, the responsibility of any loss incurred shifts to the Dealer).

Forward the copy of bill of lading, noting the damage, to Vertical for proper

claim filing.

DO NOT RETURN DAMAGED MERCHANDISE WITHOUT

MATERIAL RETURN AUTHORIZATION

9. INSURANCE

Risk of loss or damage in transit of Advance Replacement all be borne by Vertical who shall be responsible for filing any needed claims with the carrier.


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