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Warranty
Silicon Mountain Warranty and Terms and Conditions for DRAM and Flash Products
GENERAL. These Terms and Conditions constitute an integral part of any offer made by Seller to sell goods. Seller rejects all terms and conditions set forth on Buyer's order form which are contrary or in addition to, or which in any way modify or amend any of the terms and conditions herein.
TERMS OF PAYMENT. Payment terms are detailed on the invoice and are calculated from the date of shipment. Interest on past due invoices shall be payable at the lesser of (a) the maximum amount permitted by law or (b) one and one half percent (1.5%) per month. In the event that legal action is taken by Seller, Buyer shall pay Seller's attorney's fees and other costs.
SHIPMENT AND RISK OF LOSS. Unless otherwise agreed in writing, all shipments are F.O.B. shipping point. In other words, Silicon Mountain's liability for delivery ends when the Seller gives the package to the delivery carrier. At this point, the title and all risk of loss or damage passes to the Buyer. Seller reserves the right to make partial shipments.
PRICES. All prices quoted by Seller are based upon U.S. dollars, F.O.B. Seller's warehouse. Transportation and insurance shall be provided by common carrier, at Buyer's risk and expense, with charges added to quoted prices.
TAXES. All local, sales, excise, use, property or other taxes and duties of any kind shall be added to the purchase price and be paid by Buyer, except to the extent Buyer has provided Seller with a tax exemption certificate acceptable to taxing authorities.
SECURITY INTEREST. Seller agrees to execute and appoints Buyer as its attorney in fact to execute any documentation required by Seller to perfect or enforce its security interests. In the event of a default by Buyer, Seller shall have the rights of a secured party as set forth under the Uniform Commercial Code.
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LIMITED WARRANTY. Except with respect to Flash Products, Seller warrants to the original customers purchasing products from Seller that all such products, under normal use and operation, will be free from defects in materials and workmanship affecting form, fit and function. Any claims alleging failure of products to conform to the foregoing warranty may be made only by the customer who purchased the product. The foregoing warranty only applies while the product is being used in the original machine with the original hardware and software configuration. Seller, at its option, will repair, replace, or provide a credit or refund of either the original purchase price less a restock fee or current fair market value, whichever is less, for any product Seller deems to be defective.
With respect to Flash Products, Seller offers the same warranty terms above, except the warranty is limited to three years from date of invoice. Seller shall have no liability thereafter. Custom printed Flash Drives may be replaced with the generic equivalent.
The above warranties cover only defects arising under normal use and do not include malfunctions or failures from misuse, neglect, alteration, abuse, improper installation or acts of nature.
Removal of Seller's labeling on products will void all warranties.
THIS LIMITED WARRANTY CONSTITUTES THE SOLE AND EXCLUSIVE LIABILITY OF SELLER AND IS IN LIEU OF ALL OTHER WARRANTIES (EXCEPT AS TO TITLE) EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL SELLER BE LIABLE FOR SPECIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR DIRECT CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSE, ACTS OF MAINTENANCE ARE NOT PART OF THE LIMITED WARRANTY HEREIN.
RETURN POLICY. In no event shall goods be returned without first obtaining Seller's written permission. An RMA (Returned Merchandise Authorization) number issued by Seller must accompany all returned goods. Goods returned without an RMA number may be refused. In case of incorrect shipment or goods damaged during shipment, Seller must be informed in writing within 24 hours after receipt of goods. To obtain credit for returned goods, Purchaser must obtain an RMA number and return the goods within thirty (30) calendar days of the invoice date. Merchandise must be returned to Seller within seven (7) days of receiving an RMA number. Credit for returned goods may be issued at 85% of the invoice amount or the market value of the goods, whichever is less. Custom-made goods must be securely packed and delivered to Seller in an undamaged condition repackaged in the original packing in an antistatic bag. Claims against Seller for shortages shall be deemed waived if not made within three (3) business days after receipt of shipment.
CHANGES AND CANCELLATION. Orders accepted by Seller are not subject to change or cancellation by Buyer except with Seller's written consent. In the event of a change or cancellation for any reason, and without limiting any other remedy available to Seller, Purchaser shall pay Seller a reasonable cancellation or restocking fee of not less than fifteen percent (15%) of the price of the goods subject to the change or cancellation.
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FORCE MAJEURE. Seller will make every effort to complete the shipment but shall not be liable for any loss or damage incurred by Buyer by reason of delay when directly or indirectly caused by matters beyond the control of Seller.
DISCLOSURE. Any software programs, data or other technical information supplied by Seller in connection with the sale of goods shall remain the property of Seller and be held in confidence by Buyer. Such information shall not be disclosed or reproduced without Seller's written consent.
LAW OF THE STATE OF COLORADO. The rights and obligations of the parties under this agreement shall be governed by the laws of the State of Colorado, without reference to its principles of conflict of laws, and Buyer consents to the exclusive jurisdiction of the state and federal courts located in the State of Colorado for the resolution of any claims arising from or relating to this agreement.
ENTIRE AGREEMENT. These Terms and Conditions, together with Seller's invoice, constitute the entire agreement of the parties and there are no representations, inducements, or warranties, expressed or implied, not expressly set forth herein.
Silicon Mountain endeavors for accuracy in all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information contained on our website. Due to human error and other determinates we cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information listed is entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on our website is labeled with an incorrect price due to some typographical, informational, technical or other error, Silicon Mountain shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information.
Silicon Mountain One-Year Limited Warranty for Systems
Except, as expressly set forth in this limited warranty, Silicon Mountain makes no other warranties or conditions, express or implied, including and implied warranties of merchantability and fitness for a particular purpose. Silicon Mountain expressly disclaims all warranties and conditions not stated in this limited warranty. Any implied warranties that may be imposed by law are limited in the duration to the limited warranty period some states or countries do not allow a limitation on the duration of any implied warranty or the exclusion or limitation of incidental or consequential damages for consumer products. In such states or countries, some exclusions or limitations of this limited warranty may not apply.
TERMS AND CONDITIONS
Silicon Mountain warrants to the original purchaser that any part or component of the hardware system excluding software, documentation and similar items be free from defects in workmanship and materials for the period of one year, unless otherwise stated, from the date of delivery. At no time shall an extension of the warranty be granted and is not transferable to anyone who obtains ownership of the product from the original purchaser with the exception of the sale of a Silicon Mountain system to a person or persons from a channel partner.
Products built by Silicon Mountain, are manufactured using new components or components equivalent to new in performance and reliability. Spare parts may be new or equivalent to new. Any spare part installed as the remedy for a breach of warranty shall carry the remainder of the Limited Warranty Period.
Silicon Mountain will repair or replace, at its sole discretion, the defective hardware system, free of charge for parts, for the remainder of the warranty period. The remedy for a breach of warranty shall be limited to either the replacement of the defective component or components with new, or at Silicon Mountain's sole discretion, factory refurbished parts, or the return of the hardware system to the Depot for warranty repair. All labor performed by Silicon Mountain for a warranty repair conducted at the Service Depot will be free of charge as well as the return shipping charges, limited to the continental United States and also limited to ground transportation only. The purchaser is responsible for the shipping charges of the hardware system to the Service Depot. If the purchaser is located outside of the continental United States, the customer is responsible for return to and from the Service Depot.
You should make periodic backups of the data stored on your hard disk(s) as a precaution against possible failures, alteration, or loss of data. Be sure to back up your data prior to returning the system for warranty service. Silicon Mountain is not responsible for the restoration or reinstallation of any programs or data other than software originally installed when the product was manufactured.
Silicon Mountain does not warrant that the operation of this product will be uninterrupted or error-free. Silicon Mountain is not responsible for damage that occurs as a result of the customer's failure to follow any instructions that came with your hardware system or the instructions given to you by Silicon Mountain's Technical Support.
The terms and conditions listed above constitute the complete and total warranty agreement between the customer and Silicon Mountain regarding the hardware system purchased. These terms and conditions supercede any prior agreements or representations—including representations made in Silicon Mountain sales or marketing literature or advice given to you by Silicon Mountain, a channel partner, or an agent or employee of any company—that may have been made in connection with the customer's purchase of the hardware system.
No change to the conditions of this Limited Warranty is valid unless it is made in writing and signed by an authorized representative of Silicon Mountain.
LIMITATIONS AND EXCLUSIONS
Excluded from the warranty is any damage caused during shipping (except to the original purchaser) and any damage caused by: impacts, fluids, fire, weather-related natural disasters, including, but are not limited to: lightning, flood, wind, earthquake, and rain; unauthorized modifications, attachments or peripherals, improper use, environment, installation or electrical supply; improper maintenance; any other misuse, abuse, or mishandling.
The sole liability of Silicon Mountain under the terms of this warranty, for failure to repair or replace the hardware system after a reasonable number of attempts is limited to replacement or, at Silicon Mountain's sole discretion, full refund of the original purchase price.
Silicon Mountain shall, under no circumstances, be held liable for any other damages, including but not limited to special, incidental, consequential, and other similar claims whether based upon breach of contract, breach of warranty, negligence, absolute or strict liability, or any other similar theories. The aforementioned damages also include but are not limited to: loss of profit, loss of revenue, loss of use of the hardware system, loss of use of the related equipment, loss of data due to warranty repair, cost of substitute or replacement equipment, “down-time”, purchaser's time, injury to property, and all claims to third parties.
This limited warranty does not cover any problems that result from:
- Problems caused by using accessories, parts, or components not supplied by Silicon Mountain
- Usage that is not in accordance with product instructions
- Servicing by another vendor not authorized by Silicon Mountain
- Products with missing or altered serial numbers or key codes
- Software, including operating system and other software that was not purchased and installed from Silicon Mountain
- Cosmetic damage that does not affect functionality
CUSTOMER'S OPTIONS FOR WARRANTY SERVICE
The customer has the following options for remedies of a breach of warranty. These options may be explored at the customer's sole discretion and are entirely optional.
The purchaser may opt to have ONE (1) shipment of a replacement part or parts per incident sent to their location and replace the defective components themselves. The shipment of replacement parts is limited to the continental United States and is also limited to ground transportation only and is covered under this Limited Warranty. The defective parts being replaced are property of Silicon Mountain and must be returned. The return shipping of defective parts that becomes property of Silicon Mountain is not covered under this Limited Warranty and is the responsibility of the purchaser. Silicon Mountain is not liable for any labor charges for third-party technical assistance to the purchaser in order to complete the repair. In the event that a field repair fails, the hardware system MUST be returned to the Service Depot for Warranty Repair. A credit card number may be required for security of the replacement part or parts. Contact a Technical Support Representative for details. As mentioned previously, the shipping charges incurred in returning the hardware system to the customer after the warranty service at the Service Depot is completed is limited to the continental United States and also limited to ground transportation and shall be covered under this Limited Warranty. If the customer requires the system to be returned with any greater speed than that which ground transportation offers, the customer may opt to pay the difference between ground service and an air shipping alternative. Technical Support can provide the customer with the optional shipping charges upon request.
ON-SITE WARRANTY SERVICE
The Limited Warranty provided with the hardware system purchased from Silicon Mountain does not include on-site warranty service, unless stated otherwise by an authorized representative of Silicon Mountain. Any claims to the availability of on-site service during the duration of this Limited Warranty by representatives of companies other than Silicon Mountain are null and void.
EXTENDED WARRANTIES
At no time will Silicon Mountain extend this Limited Warranty beyond the Limited Warranty Period of one year. Any Extended Warranties provided for this hardware system by channel partners are entirely separate from this Limited Warranty in duration and coverage, and are administered by the channel partner.