FIVE9NS Limited Hardware Warranty

Five9NS Limited Hardware Warranty

Unless otherwise specified in a quote or purchase order, all Five9NS hardware products are covered by a 1 year Return-To-Depot (RTD) Limited Warranty. For an additional fee, you may also purchase extended hardware warranties, on-site warranty support services, and software warranties and support. Any Five9NS extended hardware warranty you purchase is subject to all the same terms and conditions of this Five9NS Limited Hardware Warranty. This Limited Warranty extends only to the original purchaser of Five9NS products and is not transferable to any subsequent purchasers unless agreed to in writing by Five9 Network Systems.

Five9NS Limited Hardware Warranty

Five9NS warrants to you that the hardware products listed on the Five9NS product price list, including parts, accessories, upgrades, components purchased as Customer Replaceable Units (“CRUs”), and components purchased as Field Replaceable Units (“FRUs”) (collectively, "Five9NS Hardware Products") will be free from material
defects in materials and workmanship for one (1) year, unless otherwise set forth in the quote or invoice for your specific Five9NS Hardware Product.
The limited warranty on Five9NS Hardware Products, including components purchased as CRUs, begins on the date the Product is shipped to you as indicated on the invoice. For components purchased as FRUs, the term of the warranty begins on the date the FRU is installed by Five9NS or by an authorized Five9NS installation partner. The original warranty period is not extended if Five9NS repairs or replaces a warranted Hardware Product or any part thereof.

Limitations on Warranty

The Five9NS Limited Hardware Warranty does not cover:

o Software, including, without limitation, the operating system, firmware, any third party software, or any other software added or reloaded to the Five9NS hardware products
o Third party (i.e. non-Five9NS) products and accessories Problems that result from:
o External causes such as accident, abuse, misuse or problems with electrical power
o Servicing not performed by or authorized by Five9NS
o Usage that is not in accordance with product instructions
o Failure to follow the product instructions or failure to perform preventive maintenance
o Installing additional hardware, software, accessories, parts or components not supplied by Five9NS
o Force majeure events
o Products with missing or altered serial numbers
o Products for which Five9NS has not received payment
o Normal wear and tear

Any attempt to repair or replace Five9NS Hardware Products that is not performed by or authorized in writing by Five9NS, or any tampering that is detected with the Five9NS Hardware Products will result in the voiding of your warranty. CRUs may only be installed by your employees or subcontractors who have been trained and authorized to do so by Five9NS, otherwise the warranty will be void.

FIVE9NS'S RESPONSIBILITY FOR DEFECTS IN MATERIALS OR WORKMANSHIP IS LIMITED TO REPAIR OR REPLACEMENT OF THE PRODUCT AS SET FORTH IN THIS WARRANTY STATEMENT. EXCEPT FOR THE LIMITED WARRANTY EXPRESSLY STATED ABOVE FOR FIVE9NS PRODUCTS, FIVE9NS PROVIDES NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OR CONDITION
(1) OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, SUITABILITY OR NON-INFRINGEMENT; (2) RELATING TO ANY THIRD PARTY PRODUCT OR SOFTWARE; OR (3) REGARDING THE RESULTS TO BE OBTAINED FROM ANY FIVE9NS OR THIRD PARTY PRODUCTS OR SOFTWARE. FIVE9NS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS NOT STATED IN THIS LIMITED WARRANTY. FIVE9NS DOES NOT WARRANT THAT THE OPERATION OF ANY FIVE9NS PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE.

Limitation of Liability

FIVE9NS DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES PROVIDED FOR IN THIS LIMITED HARDWARE WARRANTY, AND FIVE9NS DOES NOT ACCEPT LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, FOR THIRD-PARTY CLAIMS AGAINST YOU FOR DAMAGES, FOR PRODUCTS NOT BEING AVAILABLE FOR USE, OR FOR LOST OR DAMAGED DATA OR SOFTWARE, EVEN IF FIVE9NS IS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. FIVE9NS SHALL HAVE NO LIABILITY
OR OBLIGATION FOR ANY DAMAGES THAT ARISE FROM THE USE OF HARDWARE AS PART OF OR IN COMBINATION WITH ANY DEVICES, PARTS OR THIRD PARTY PRODUCTS THAT ARE NOT PROVIDED BY FIVE9NS. IN NO EVENT WILL OUR LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID FOR THE SPECIFIC HARDWARE PRODUCT THAT IS THE SUBJECT OF A CLAIM. THIS IS THE MAXIMUM AMOUNT FOR WHICH FIVE9NS IS RESPONSIBLE. SOME STATES, PROVINCES, JURISDICTIONS OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

What You Should Do if You Experience an Issue

If you encounter a problem and need warranty service, please contact us by phone at (585) 200-5007, or by email at support@five9network.com. Our service personnel will ask you to complete a Customer Failure Report Form and submit it to us by email at support@five9network.com. This Form is the first step in our warranty support process. It must be received by Five9NS prior to expiration of your Product warranty period for your Product to be considered in "warranty.” Five9NS will make commercially reasonable efforts to respond to receipt of a Failure Report Form or any service-related email or call within 4-hours of receipt or the next business day if the 4 hour window goes beyond our daily service hours.
Our normal warranty service hours are from 9am to 5pm EST, Monday through Friday, excluding holidays. Unless you purchase On-Site Warranty Service through a Five9NS-approved third party service provider,
Five9NS is the only party authorized to perform warranty service on Five9NS Hardware Products.

What Five9NS Will Do to Address Your Issue

Upon receipt of your Customer Failure Report Form, our technical support personnel will work with you remotely to help determine the cause of your issue. If we determine that your issue is the result of a defect in materials or workmanship, but the issue is not able to be resolved remotely, Five9NS, at its sole discretion, may dispatch a CRU to you, arrange for you to send your product or defective part back to Five9NS's repair depot, or replace the product with a comparable product that may be new or refurbished. If you have purchased On-Site Warranty Service, Five9NS may also elect to dispatch a service technician to your location to perform the repair according to the terms of your On-Site Warranty Service.
If we determine that the problem is not covered under this Limited Hardware Warranty, we may be able to offer you service alternatives on a time and materials basis.

Return to Depot Warranty Process

In the event that Five9NS determines that a defective Hardware Product should be replaced, we will ask you to return the Hardware Product to Five9NS. Before returning a Hardware Product to us, you should contact us to request a Return Material Authorization Number, which you must include with your return, along with a copy of your Customer Failure Report Form. You must return the Products to us in their original or equivalent packaging, prepay shipping charges, and insure the shipment or accept the risk if the Product is lost or damaged in shipment. We will make commercially reasonable efforts to ship the repaired or replacement Products to you as soon as possible, subject to commercial availability of necessary components and parts. Under no circumstances, will we be liable for any failure to deliver a repaired or replacement Product to you by any particular date. We will pay to ship the repaired or replaced Products to you if you use an address in the United States (excluding Puerto Rico and U.S. possessions and territories). Otherwise, we will ship the Product to you freight collect.

IMPORTANT NOTICE:

It is your responsibility to back up all data on any hard drives or storage devices before returning defective Hardware Products to Five9NS . Five9NS is not responsible for any data lost or damaged as part of the Warranty return or repair process nor for any associated data restoration. Further, it is your responsibility to ensure that no confidential, proprietary, or personal information remains on any Hardware Product before returning it to Five9NS.

If You Experience a Software Problem

In the event that a firmware or software update or upgrade is required in order to address your issue, Five9NS will provide you with instructions for obtaining the update or upgrade, which may include agreement to additional licensing terms or payment of additional license fees. Unless otherwise designated on your Quote, you are responsible for performing and paying for all necessary software updates or upgrades.

Termination of Warranty by Five9NS for Interruption of Critical Supplies

Five9NS reserves the right in its sole discretion to terminate warranty service for any particular Hardware Product, upon 30 days' written notice, in the event it becomes commercially unreasonable to support the Product due to interruptions or cancellations in the supply of critical parts or components, and no commercially reasonable substitute is available. In the event of such termination during the first 12 months after shipment, your sole and exclusive remedy will be for Five9NS to refund to you the costs of the specific Hardware Product and any related extended warranty costs. If such termination occurs during an extended warranty period (13 months or more after shipment), your sole and exclusive remedy will be for Five9NS to refund the pro rata cost of your extended warranty.


2014-11-12