1. Scope of Warranty
This warranty policy (“Warranty Policy”) sets forth the warranty terms governing the optical transceivers (“Product(s)”) sold by Estel S.A. and Estel S.A. Inc. (“Estel S.A.”) to any professional customer (“Warranty”).
Estel S.A. warrants that the Products shall be free from defects in materials and workmanship under normal use consistent with the product instructions during the Warranty Period (defined below).
2. Warranty Period and start date
The Warranty starts from the date of the Product shipment to the customer and, depending on the type of Product, is provided for the following period: see table below (“Warranty Period”).
|10G (SR/LR/ER/ZR/BiDi)||3 years|
|10G (CWDM/DWDM/Tunable)||3 years|
The date of shipment of a Product by Estel S.A. is set forth on the packaging in which the Product is shipped. This Warranty extends only to the original purchaser of the Product and is not transferable.
3. Warranty terms
During the Warranty Period, Estel S.A. will repair or replace, at its sole discretion, the Product or any relevant parts thereof in the event of any defect in the materials and workmanship. Estel S.A. replacement parts used in Product replacement may be new or equivalent to new in performance and reliability.
Estel S.A. obligations hereunder are conditioned upon the return of the affected Product in accordance with Estel S.A. procedures as provided for in article 7.
Unless otherwise stated, the customer shall not be charged for the repair or replacement of a defective Product during the Warranty Period.
The Warranty in respect of a repaired or replaced Product or part shall continue for the remainder of the Warranty Period of the Product which was repaired or replaced or, for three (3) months from the date of repair, whichever is longer.
4. Warranty exclusions
This Warranty does not extend to any damages, malfunctions, or non-conformities caused by:
- Force majeure such as fire, flood, earthquake, etc.;
- Abnormal physical or electrical stress (power surges, power outages, etc.); abnormal environmental conditions;
- Spillage of food or liquids, corrosion, rust or the use of wrong voltage;
- Failure to follow installation, operation, or maintenance instructions supplied by Estel S.A.;
- Improper operation, maintenance, installation, or any alteration or modification of the Product;
- Any disassembly, repair, alteration or modifications carried out by anyone other than Estel S.A. or any authorized representative;
- Normal wear due to Product use including, but not limited to, product cosmetics and display scratches.
5. Disclaimer of Warranty
Except for the express warranties set forth above, all express or implied conditions, representations, and warranties including, without limitation, any implied warranty or condition of merchantability, fitness for a particular purpose, non-infringement, non-interference, or arising from a course of dealing, law, usage, or trade practice, are hereby excluded to the extent allowed by applicable law and are expressly disclaimed by Estel S.A.. To the extent an implied warranty cannot be excluded, such warranty is limited in duration to the express Warranty Period.
6. Limitations and exclusions of liability
In no event will Estel S.A. be liable for any direct loss or corruption of data, interrupted or loss of business, loss of revenue, profits, goodwill or anticipated sales or savings, loss of time, indirect, special, incidental or consequential damages of any kind regardless of the theory of liability or whether arising out of the use or inability to use the Product or otherwise, even if Estel S.A. has been advised of the possibility of such damage.
In any event, Estel S.A. liability under this Warranty shall be limited to and will not exceed the purchase price of the Product paid by the customer. Nothing in this Warranty limits or excludes any liability that cannot be limited or excluded under applicable law.
7. Claim and return procedure
Products will not be accepted for return unless a Return Material Authorizations (RMA) number has been issued.
To receive a RMA number, the Customer shall promptly contact Estel S.A. by email email@example.com and follow the instructions.
If the parts/Product are in stock and the RMA process is accepted, Estel S.A. will replace the parts/Product under one week. If the parts/Product are not in stock, Estel S.A. will do its best to deliver within the agreed period with the customer.