Flowmon Networks Limited Hardware Warranty
This limited hardware warranty covers defects in materials and workmanship in
Flowmon hardware products. This limited hardware warranty does not cover:
- Software. For software liability disclaimers refer to www.flowmon.com/eula.
- Problems that result, directly or indirectly, from:
- External causes such as accident, abuse, misuse or problems with
- Servicing not authorized by Flowmon.
- Usage that is not in accordance with product instructions.
- Failure to follow the product instructions or failure to perform
- Using accessories, parts or components not supplied by Flowmon.
- Products with missing or altered service tags or serial numbers.
- Products for which Flowmon has not received payment.
- Normal wear and tear.
FLOWMON’S RESPONSIBILITY FOR DEFECTS IN MATERIALS OR WORKMANSHIP IS LIMITED TO
REPAIR OR REPLACEMENT OF THE PRODUCT. EXCEPT FOR THE LIMITED WARRANTY
EXPRESSLY STATED ABOVE FLOWMON 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 NONINFRINGEMENT; (2) RELATING TO ANY THIRD-PARTY
PRODUCT OR SOFTWARE; OR (3) REGARDING THE RESULTS TO BE OBTAINED FROM THE
PRODUCT OR SOFTWARE. FLOWMON EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS
NOT STATED IN THIS LIMITED WARRANTY. THIS LIMITED HARDWARE WARRANTY MAY BE
VOIDED BY FLOWMON, AT FLOWMON'S SOLE DISCRETION, IF THIRD PARTY PRODUCTS THAT
WERE NOT PROVIDED BY FLOWMON ARE INSTALLED ON THE FLOWMON SYSTEM.
FLOWMON DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES PROVIDED FOR IN THIS
LIMITED HARDWARE WARRANTY AND DOES NOT ACCEPT LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, FOR THIRD-PARTY CLAIMS AGAINST THE CUSTOMER FOR DAMAGES,
FOR PRODUCTS NOT BEING AVAILABLE FOR USE, OR FOR LOST OR DAMAGED DATA OR
SOFTWARE. FLOWMON DOES NOT WARRANT THAT THE OPERATION OF ANY FLOWMON PRODUCT
WILL BE UNINTERRUPTED OR ERROR-FREE. FLOWMON’S LIABILITY WILL BE NO MORE THAN
THE AMOUNT THE CUSTOMER PAID FOR THE SPECIFIC PRODUCT THAT IS THE SUBJECT OF A
CLAIM. THIS IS THE MAXIMUM AMOUNT FOR WHICH FLOWMON IS RESPONSIBLE.
Further specifications of the limited hardware warranty:
- The period of warranty is either the period stated on the delivery note /
warranty list and commences on the date of purchase of the product or
defined by validity of support services purchased for corresponding
- The warranty covers either repair or replacement to guarantee the correct
function of the product. The product submitted for warranty
repair/replacement must be complete and should be sent in the original
packaging. Unless the agreement states otherwise, all shipment costs of
warranty service are paid by the customer. The warranty applies to
- The warranty does not apply to miscellaneous consumer goods (batteries, CDs,
etc.), defects due to the improper use, storage or handling of the product,
defects due to wrong product manipulation/usage, defects due to usage in an
improper operational environment, defects due to natural disasters or
vandalism, defects due to incorrect installation or configuration, defects
due to unauthorized service, defects due to operation by an unauthorized
- The warranty does not apply when unoriginal or unauthorized software is
used. The warranty is voided if the manufacturer seal is damaged, if the
customer or another unauthorized organization modifies or repairs the
- The warranty period is not extended if Flowmon repairs or replaces a
warranted product or any parts.
- Flowmon may refuse to provide a service if, in its opinion, providing the
service creates an unreasonable risk to Flowmon or its service providers.
Flowmon may cancel the service if the customer is abusive, threatening, or
refuses to cooperate with the assisting analyst or onsite technician. Such
cancellation shall not entitle the customer to any refund of fees paid.
- Subject to applicable law, the customer agrees to release Flowmon and its
affiliates and partners from any liability for any claims by the customer,
other than claims for reckless acts or acts deliberately intended to cause
harm to the customer or the site, by any person or entity engaged by Flowmon
to deliver the services if such person or entity is unescorted by the
customer. The customer will indemnify Flowmon and its affiliates and
partners for claims by any third party related to the performance of the
services, other than reckless acts or acts deliberately intended to cause
harm to the customer or the site by any person or entity engaged by Flowmon,
that are filed against Flowmon in connection with the services performed
during a period of unescorted access to the customer’s site.
- These services may require Flowmon to access hardware or software that is
not manufactured by Flowmon. Some manufacturers’ warranties may become void
if Flowmon or anyone else other than the manufacturer works on the hardware
or software. The customer will ensure that Flowmon’s performance of services
will not affect such warranties or, if it does, that the effect will be
acceptable to the customer. Flowmon does not take responsibility for
third-party warranties or for any effect that the services may have on those
Upon contacting Flowmon, the customer will be required to engage in a remote
diagnosis session to help determine the cause of theissue. Remote diagnosis
may require the customer to access a specific service product interface, and
multiple extended sessions may take place. If Flowmon determines that the
issue is the result of a defect in materials or workmanship, but cannot be
resolved remotely, Flowmon, at its sole discretion, may dispatch a replacement
part, arrange for the customer to send product or defective part back to
Flowmon’s repair depot or replace the part of the product with a comparable
part or product that may be new or refurbished. If the Flowmon limited
hardware warranty for the product includes onsite warranty service, then
Flowmon may also elect to dispatch a service technician to the customer’s
location to perform the repair or replacement. Both the performance of service
and service response times depend upon the time of day the request is received
by Flowmon, service alternatives the customer purchased, parts availability,
geographical restrictions, weather conditions and the terms of this limited
hardware warranty. The customer must grant the service technician full access
to the system and (at no cost to Flowmon) have a working space, electricity
and a local telephone line. If these requirements are lacking, Flowmon is not
obligated to provide the service.
Data Backup and Removal of Confidential Data
The customer will complete a backup of all existing data, software and
programs on all affected systems prior to and during the delivery of the
support service. The customer should make regular backup copies of the data
stored on all affected systems as a precaution against possible failures,
alterations, or loss of data. In addition, the customer is responsible for
removing any confidential, proprietary, or personal information and any
removable media such as SIM cards, CDs, or PC Cards regardless of whether an
onsite technician is also providing assistance. Flowmon will not be
responsible for the restoration or reinstallation of any programs or data.
FLOWMON WILL HAVE NO LIABILITY FOR:
- ANY OF THE CUSTOMER’S CONFIDENTIAL, PROPRIETARY OR PERSONAL INFORMATION.
- LOST OR CORRUPTED DATA, PROGRAM OR SOFTWARE.
- DAMAGED OR LOST REMOVABLE MEDIA.
- THE LOSS OF USE OF A SYSTEM OR NETWORK.
- AND/OR ANY ACTS OR OMISSIONS, INCLUDING NEGLIGENCE, BY FLOWMON OR A
THIRD-PARTY SERVICE PROVIDER.