Instant Replacement Service
Instant Replacement Service. Barracuda Networks, Inc., any Barracuda Networks, Inc. subsidiary, or an authorized Distributor selling Barracuda Networks products (collectively Barracuda Networks) shall provide the instant replacement services described below commencing on the date of delivery of the Barracuda Networks, Inc. product for which the Instant Replacement Service is purchased (Product) to the end-user (Customer) (but in case of resale by a Barracuda Networks, Inc., reseller or distributor, commencing not more than sixty (60) days after original Product shipment by Barracuda Networks, Inc.), and continuing for a period of one (1) year, three (3) years, or five (5) years depending on the Service purchased (Instant Replacement Service Period). During the Instant Replacement Service Period, Barracuda Networks will use commercially reasonable efforts to ship Customer a new Product within twenty-four (24) hours if Customer resides in the United States. For Customers residing outside the United States, Barracuda Networks will use commercially reasonable efforts to ship Customer a replacement Product via express mail within one business day.
Upon requesting a replacement Product, Customer must return the original Product to Barracuda Networks. Barracuda Networks will require a valid credit card number or purchase order before shipping the replacement Product. Barracuda Networks will not charge Customer for the replacement Product as long as Customer returns the original Product to Barracuda Networks within 30 days after shipment of the replacement Product. If Barracuda Networks does not receive the original Product within 30 days, Barracuda Networks will charge Customers credit card or process the purchase order at the current list price for that Product. Barracuda Networks will pay shipping costs to ship the replacement Product to Customer. The customer is responsible for shipping costs back to Barracuda Networks of the covered unit.
This Instant Replacement Service Period is not extended if Barracuda Networks replaces a Product. Barracuda Networks may change the availability of Instant Replacement Service programs, at its discretion, but any changes will not be retroactive.
This Instant Replacement Service extends only to the original Customer of the Product and is non-transferable. Instant Replacement must be purchased within 60 days of initial order of the system to be covered.
Customer's sole and exclusive remedy and the entire liability of Barracuda Networks under this Instant Replacement Service and during the Instant Replacement Service Period will be shipment of a replacement Product within the time period and according to the replacement process set forth above and on the Barracuda Networks Web Site or literature accompanying the Product, or a refund of the purchase price if the Product is returned to Barracuda Networks. IN NO EVENT SHALL BARRACUDA NETWORKS LIABILITY EXCEED THE PRICE PAID FOR THE PRODUCT FROM DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THE PRODUCT, ITS ACCOMPANYING SOFTWARE, OR ITS DOCUMENTATION.
Restrictions. This Instant Replacement Service does not apply if (a) the Product has been altered, except by Barracuda Networks, (b) the Product has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Barracuda Networks, (c) the Product has been subjected to abnormal physical or electrical stress, misuse, or negligence (d) the Product has an altered or missing serial number; or (e) Barracuda Networks has not received payment for the Product.
Renewal. At the end of the Instant Replacement Service Period, Customer may have the option to renew the Instant Replacement Service at the current list price, provided such Instant Replacement Service is available. All initial subscriptions commence at the time of sale of the unit and all renewals commence at the expiration of the previous valid subscription.
DISCLAIMER OF WARRANTY. EXCEPT AS SPECIFIED IN THIS INSTANT REPLACEMENT SERVICE, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
Upon requesting a replacement Product, Customer must return the original Product to Barracuda Networks. Barracuda Networks will require a valid credit card number or purchase order before shipping the replacement Product. Barracuda Networks will not charge Customer for the replacement Product as long as Customer returns the original Product to Barracuda Networks within 30 days after shipment of the replacement Product. If Barracuda Networks does not receive the original Product within 30 days, Barracuda Networks will charge Customers credit card or process the purchase order at the current list price for that Product. Barracuda Networks will pay shipping costs to ship the replacement Product to Customer. The customer is responsible for shipping costs back to Barracuda Networks of the covered unit.
This Instant Replacement Service Period is not extended if Barracuda Networks replaces a Product. Barracuda Networks may change the availability of Instant Replacement Service programs, at its discretion, but any changes will not be retroactive.
This Instant Replacement Service extends only to the original Customer of the Product and is non-transferable. Instant Replacement must be purchased within 60 days of initial order of the system to be covered.
Customer's sole and exclusive remedy and the entire liability of Barracuda Networks under this Instant Replacement Service and during the Instant Replacement Service Period will be shipment of a replacement Product within the time period and according to the replacement process set forth above and on the Barracuda Networks Web Site or literature accompanying the Product, or a refund of the purchase price if the Product is returned to Barracuda Networks. IN NO EVENT SHALL BARRACUDA NETWORKS LIABILITY EXCEED THE PRICE PAID FOR THE PRODUCT FROM DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THE PRODUCT, ITS ACCOMPANYING SOFTWARE, OR ITS DOCUMENTATION.
Restrictions. This Instant Replacement Service does not apply if (a) the Product has been altered, except by Barracuda Networks, (b) the Product has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Barracuda Networks, (c) the Product has been subjected to abnormal physical or electrical stress, misuse, or negligence (d) the Product has an altered or missing serial number; or (e) Barracuda Networks has not received payment for the Product.
Renewal. At the end of the Instant Replacement Service Period, Customer may have the option to renew the Instant Replacement Service at the current list price, provided such Instant Replacement Service is available. All initial subscriptions commence at the time of sale of the unit and all renewals commence at the expiration of the previous valid subscription.
DISCLAIMER OF WARRANTY. EXCEPT AS SPECIFIED IN THIS INSTANT REPLACEMENT SERVICE, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.