Warranty

SYMMATRIX PTE LTD
WARRANTY AND TECHNICAL SUPPORT
 
Hardware limited warranty
 
General terms
 
This SYMMATRIX Hardware Limited Warranty gives you limited warranty rights from SYMMATRIX. In addition, you may also have other legal rights under applicable local law or special written agreement with SYMMATRIX.
 
SYMMATRIX MAKES NO OTHER EXPRESS WARRANTY OR CONDITION WHETHER WRITTEN OR ORAL AND SYMMATRIX EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS NOT STATED IN THIS LIMITED WARRANTY. TO THE EXTENT ALLOWED BY LAW OF JURISDICTIONS, SYMMATRIX DISCLAIMS ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE.
 
THE LIMITED WARRANTY TERMS CONTAINED IN THIS STATEMENT, EXCEPT TO THE EXTENT LAWFULLY PERMITTED, DO NOT EXCLUDE, RESTRICT, OR MODIFY BUT ARE IN ADDITION TO THE MANDATORY STATUTORY RIGHTS APPLICABLE TO THE SALE OF THIS PRODUCT TO YOU.
 
This Limited Warranty is applicable in all countries and may be enforced in any country or region where SYMMATRIX or its authorized service providers offer warranty service for the same product model number subject to the terms and conditions set forth in this Limited Warranty.
 
This Limited Warranty applies only to RUGGEDMATRIX®, XINMATRIX® and STOREMATRIX® branded hardware products (collectively referred to in this Limited Warranty as “SYMMATRIX Hardware Products”) sold by or leased from Symmatrix Pte Ltd, subsidiaries, affiliates, authorized resellers, or country distributors (collectively referred to in this Limited Warranty as “SYMMATRIX”) with this Limited Warranty. The term “SYMMATRIX Hardware Product” is limited to the hardware components and required firmware. The term “SYMMATRIX Hardware Product” DOES NOT include any software applications or programs, non-SYMMATRIX products. All non-SYMMATRIX products external to the SYMMATRIX Hardware Product— such as external storage subsystems, displays, printers and other peripherals—are provided “AS IS” without SYMMATRIX warranty. However, non-SYMMATRIX manufacturers and suppliers or publishers may provide their own warranties directly to you.
 
SYMMATRIX warrants that the SYMMATRIX Hardware Products that you have purchased or leased from SYMMATRIX are free from defects in materials or workmanship under normal use during the Limited Warranty Period. The Limited Warranty Period starts on the date of purchase or lease from SYMMATRIX, or from the date SYMMATRIX completes installation. Your dated sales or delivery receipt, showing the date of purchase or lease of the product, is your proof of the purchase or lease date. You may be required to provide proof of purchase or lease as a condition of receiving warranty service. You are entitled to hardware warranty service according to the terms and conditions of this document if a repair to your SYMMATRIX Hardware Product is required within the Limited Warranty Period.
 
Unless otherwise stated, and to the extent permitted by local law, new SYMMATRIX Hardware Products may be manufactured using new materials or new and used materials equivalent to new in performance and reliability. SYMMATRIX may repair or replace SYMMATRIX Hardware Products (a) with new or previously used products or parts equivalent to new in performance and reliability, or (b) with equivalent products to an original product that has been discontinued. Replacement parts are warranted to be free from defects in material or workmanship for ninety (90) days or, for the remainder of the Limited Warranty Period of the SYMMATRIX Hardware Product they are replacing or in which they are installed, whichever is longer.
 
During the Limited Warranty Period, SYMMATRIX will, at its discretion, repair or replace any defective component. All component parts or hardware products removed under this Limited Warranty become the property of SYMMATRIX. In the unlikely event that your SYMMATRIX Hardware Product has recurring failures, SYMMATRIX, at its sole discretion, may elect to provide you with (a) a replacement unit of SYMMATRIX’s choosing that is the same or equivalent to your SYMMATRIX Hardware Product in performance or (b) to give you a refund of your purchase price or lease payments (less interest) instead of a replacement. This is your exclusive remedy for defective products.
 
Exclusions
 
SYMMATRIX DOES NOT WARRANT THAT THE OPERATION OF THIS PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE. SYMMATRIX IS NOT RESPONSIBLE FOR DAMAGE THAT OCCURS AS A RESULT OF YOUR FAILURE TO FOLLOW THE INSTRUCTIONS INTENDED FOR THE SYMMATRIX HARDWARE PRODUCT.
 
This Limited Warranty does not apply to expendable or consumable parts and does not extend to any product from which the serial number has been removed or that has been damaged or rendered defective (a) as a result of accident, misuse, abuse, contamination, improper or inadequate maintenance or calibration or other external causes; (b) by operation outside the usage parameters stated in the user documentation that shipped with the product; (c) by software, interfacing, parts or supplies not supplied by SYMMATRIX; (d) improper site preparation or maintenance; (e) virus infection; (f) loss or damage in transit; or (g) by modification or service by anyone other than (i) SYMMATRIX, (ii) an SYMMATRIX authorized service provider, or (iii) your own installation of SYMMATRIX-approved parts if available for your product in the servicing country or region.
 
SYMMATRIX IS NOT RESPONSIBLE FOR DAMAGE TO OR LOSS OF ANY PROGRAMS, DATA, OR REMOVABLE STORAGE MEDIA. SYMMATRIX IS NOT RESPONSIBLE FOR THE RESTORATION OR REINSTALLATION OF ANY PROGRAMS OR DATA OTHER THAN SOFTWARE INSTALLED BY SYMMATRIX WHEN THE PRODUCT IS MANUFACTURED.
 
SYMMATRIX is not responsible for any interoperability or compatibility issues that may arise when (1) products, software, or options not supported by SYMMATRIX are used; (2) configurations not supported by SYMMATRIX are used; (3) parts intended for one system are installed in another system of different make or model.
 
Exclusive remedy
 
TO THE EXTENT ALLOWED BY APPLICABLE LOCAL LAW, THESE TERMS AND CONDITIONS CONSTITUTE THE COMPLETE AND EXCLUSIVE WARRANTY AGREEMENT BETWEEN YOU AND SYMMATRIX REGARDING THE SYMMATRIX HARDWARE PRODUCT YOU HAVE PURCHASED OR LEASED. THESE TERMS AND CONDITIONS SUPERSEDE ANY PRIOR AGREEMENTS OR REPRESENTATIONS—INCLUDING REPRESENTATIONS MADE IN SYMMATRIX SALES LITERATURE OR ADVICE GIVEN TO YOU BY SYMMATRIX OR AN AGENT OR EMPLOYEE OF SYMMATRIX—THAT MAY HAVE BEEN MADE IN CONNECTION WITH YOUR PURCHASE OR LEASE OF THE SYMMATRIX HARDWARE PRODUCT. No change to the conditions of this Limited Warranty is valid unless it is made in writing and signed by an authorized representative of SYMMATRIX.
Limitation of liability
 
IF YOUR SYMMATRIX HARDWARE PRODUCT FAILS TO WORK AS WARRANTED ABOVE, SYMMATRIX’S MAXIMUM LIABILITY UNDER THIS LIMITED WARRANTY IS EXPRESSLY LIMITED TO THE LESSER OF THE PRICE YOU HAVE PAID FOR THE PRODUCT OR THE COST OF REPAIR OR REPLACEMENT OF ANY HARDWARE COMPONENTS THAT MALFUNCTION IN CONDITIONS OF NORMAL USE.
 
EXCEPT AS INDICATED ABOVE, IN NO EVENT WILL SYMMATRIX BE LIABLE FOR ANY DAMAGES CAUSED BY THE PRODUCT OR THE FAILURE OF THE PRODUCT TO PERFORM, INCLUDING ANY LOST PROFITS OR SAVINGS, BUSINESS INTERRUPTION, LOSS OF DATA, LOST REVENUE, LOSS OF USE, OR ANY OTHER COMMERICAL OR ECONOMIC LOSS OF ANY KIND, OR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. SYMMATRIX IS NOT LIABLE FOR ANY CLAIM MADE BY A THIRD PARTY OR MADE BY YOU FOR A THIRD PARTY.
 
THIS LIMITATION OF LIABILITY APPLIES WHETHER DAMAGES ARE SOUGHT, OR A CLAIM MADE, UNDER THIS LIMITED WARRANTY OR AS A TORT CLAIM (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY), A CONTRACT CLAIM, OR ANY OTHER CLAIM. THIS LIMITATION OF LIABILITY CANNOT BE WAIVED OR AMENDED BY ANY PERSON. THIS LIMITATION OF LIABILITY WILL BE EFFECTIVE EVEN IF YOU HAVE ADVISED SYMMATRIX OR AN AUTHORIZED REPRESENTATIVE OF SYMMATRIX OF THE POSSIBILITY OF ANY SUCH DAMAGES OR EVEN IF SUCH POSSIBILITY WERE REASONABLY FORESEEABLE.
 
Parts only warranty service
 
Your SYMMATRIX Limited Warranty may include a parts only warranty service. Under the terms of parts only service, SYMMATRIX will provide replacement parts free of charge. If SYMMATRIX carries out the repair, labor and logistics costs are at your expense.
 
Parts and labor carry-in warranty service
 
Your SYMMATRIX Limited Warranty may include a parts and labor warranty service. Under the terms of parts and labor service, SYMMATRIX will provide replacement parts and repair labor free of charge at SYMMATRIX premises. The logistics costs are at your expense.
 
On-site warranty service
 
Your SYMMATRIX Limited Warranty may include an on-site warranty service. Under the terms of on-site service, SYMMATRIX may, at its sole discretion, determine if a defect can be repaired:
• Remotely
• By a service call at the location of the defective unit
 
If SYMMATRIX ultimately determines that an on-site service call is required to repair a defect, the call will be scheduled during standard office hours unless otherwise stated for the SYMMATRIX Hardware Product you purchased. Standard office hours are typically 09:00 to 18:00, Monday through Friday, exclude Public Holidays.
 
In order to receive on-site support, you must:
• Have a representative present when SYMMATRIX provides warranty services at your site
• Notify SYMMATRIX if products are being used in an environment which poses a potential health or safety hazard to SYMMATRIX employees or subcontractors
• Subject to its reasonable security requirements, provide SYMMATRIX with sufficient, free, and safe access to and use of all facilities, information, and systems determined necessary by SYMMATRIX to provide timely support
• Ensure that all manufacturers labels (such as serial numbers) are in place, accessible, and legible
• Maintain an environment consistent with product specifications and supported configurations
 
Service upgrades
 
SYMMATRIX has a range of additional support and service coverage for your product that can be purchased. For information on availability of service upgrades and the cost for these service upgrades, please contact service@symmatrix.com.
 
Limited warranty period
 
The Limited Warranty Period for an SYMMATRIX Hardware Product is one year, next business day response time, commencing on the date of purchase, unless otherwise specified in writing.
 
Software limited warranty
 
EXCEPT AS PROVIDED IN THE APPLICABLE SOFTWARE END-USER LICENSE OR PROGRAM LICENSE AGREEMENT, SOFTWARE PRODUCTS, INCLUDING ANY SOFTWARE PRODUCTS, FREEWARE (as defined below) OR THE OPERATING SYSTEM PREINSTALLED BY SYMMATRIX ARE PROVIDED “AS IS” AND WITH ALL FAULTS, AND SYMMATRIX HEREBY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NONINFRINGEMENT, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, AND OF LACK OF VIRUSES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SYMMATRIX OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF SYMMATRIX OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
 
Freeware operating systems and applications
 
SYMMATRIX does not provide support for software provided under public license by third parties, including operating systems or applications ("Freeware"). Support for Freeware provided with SYMMATRIX Hardware Products is provided by the Freeware vendor.
 
Restrictions on Use of Products
 
The products sold by Symmatrix are solely designed for general use and are not intended or authorized for use with application, including, without limitation, any medical, nuclear facilities, or direct life support machine, in which failure of the products would lead to death, bodily injury or catastrophic property damage.
 
Non-Warranty
 
SYMMATRIX reserves the right to inspect products returned from its customers in order to determine the cause of the problem. SYMMATRIX shall return defective products that could not be repaired at no-charge, except for shipping costs. This warranty does not cover product problems related to the following:
   1. Products damaged during shipping due to insufficient or improper packaging.
   2. Damage caused by force majeure (such as fire, flood, etc.).
   3. Damage caused by normal wear of parts, scratches, surface rust or deterioration, improper use, improper storage, improper testing, negligent use of improper voltage or current, accidental damage, abnormal or unusual use, use of unauthorized accessories or modules, use contrary to the operating instructions, or lack of regular maintenance.
   4. Product repaired, dismantled, or altered by unauthorized technical personnel.
   5. Damage caused by computer viruses.
   6. Removed warranty seals or serial number stickers which void our warranty.
 
Service Upgrades Coverage
 
SYMMATRIX Hardware Support Onsite Service provides coverage for SYMMATRIX supplied hardware products and all SYMMATRIX-supplied internal components (such as cards, memory, and CD-ROMs). For some servers and storage products, CPUs, disks, and other major internal and external components will be covered if support has been configured accordingly and they are listed in the contract's equipment list (if applicable). Consumable items including, but not limited to, batteries and Tablet PC pens, maintenance kits, and other supplies, as well as user maintenance and non-SYMMATRIX devices, are not covered by this service. Mechanical parts are excluded from the warranty coverage (Chassis, Bezel, HDD tray, etc.). Any CID (Customer Induced Damage) cases are not included in warranty coverage
 
Service Features
 
Once the Customer has placed a service request via a designated SYMMATRIX support telephone number, SYMMATRIX will work with the Customer during the coverage window to isolate the hardware problem and to remotely troubleshoot, remedy, and resolve the problem with the Customer. Prior to any onsite assistance, SYMMATRIX may initiate and perform remote diagnostics using electronic remote support tools (where avail.) to access covered products, or SYMMATRIX may use other means available to facilitate remote problem resolution. Regardless of the Customer's coverage window, problems with covered hardware can be reported to the SYMMATRIX Response Center via telephone or electronically, as locally available, 24 hours a day, 7 days a week. SYMMATRIX will acknowledge the receipt of the service request and notify the local office at the next coverage window. SYMMATRIX retains the right to determine the final resolution of all reported problems. Onsite response times or call-to-repair times, as applicable, for service requests submitted electronically or outside of the coverage window may vary. Onsite response times or call-to-repair times, as applicable, for service requests submitted electronically or outside of the coverage window may vary. For technical hardware issues that cannot, in the SYMMATRIX judgment, be resolved remotely, an SYMMATRIX authorized representative will provide onsite technical support on covered hardware products to return them to operating condition. For certain servers, Intel Pentium- and Xeon processor-based servers, and networking and storage products, SYMMATRIX may, at its sole discretion, elect to replace such products in lieu of repairing them.
 
Travel zone
 
All response times apply only to sites located within Singapore main island.
 
Optional Service Features - 4-hour response, 24x7
 
Service is available during the coverage window, 24 hours per day, Monday through Sunday including holidays. An SYMMATRIX authorized representative will respond any time and day of the year to begin remote hardware maintenance within 4 hours of the service request being logged and arrive at the Customer's site to begin hardware maintenance service if deem necessary.
 
Optional Service Features - Defective media retention
 
For eligible products, this service feature option allows the Customer to retain defective hard disk drive components that the Customer does not want to relinquish due to sensitive data contained within the disk (''Disk Drive'') covered under this service. All Disk Drives on a covered system must participate in the defective media retention. Notwithstanding anything to the contrary in this document or the SYMMATRIX Single Order Terms for Support, SYMMATRIX waives the right to take possession and title of a defective Disk Drive covered by the defective media retention service feature option in the event a replacement product is delivered by SYMMATRIX to the Customer. The Customer will retain all defective Disk Drives supported by SYMMATRIX under the SYMMATRIX support agreement.
 
Service Limitation
 
At the discretion of SYMMATRIX, service will be provided using a combination of remote diagnosis and support, services delivered onsite, and other service delivery methods. Other service delivery methods may include the delivery via courier of customer-replaceable parts, such as a keyboard, mouse, other parts classified as Customer Self Repair Parts, or an entire replacement unit. SYMMATRIX will determine the appropriate delivery method required to provide effective and timely Customer support. An onsite response time will not apply if the service can be delivered using remote diagnosis, remote support, or other service delivery methods described above. For fully redundant storage, server and power supply technologies, the onsite response time applies to critical issues, as reasonably determined by SYMMATRIX, that affect business. Response times for non-critical service requests may vary. Services such as, but not limited to, the following are excluded from this service: Recovery and support of the operating system, other software, and data Operational testing of applications, or additional tests requested or required by the Customer Troubleshooting for interconnectivity or compatibility problems Support for network-related problems Services required due to failure of the Customer to incorporate any system fix, repair, patch, or modification provided to the Customer by SYMMATRIX Services required due to failure of the Customer to take avoidance action previously advised by SYMMATRIX Exclusions to the accidental damage protection service feature option Accidental damage protection does not cover the following: Damage caused by failure to provide manufacturer's recommended maintenance or operating specifications Damage due to war or nuclear incident, terrorism, unauthorized attempts to repair the product, use of damaged or defective media Data loss or corruption; business interruptions; obsolescence; cosmetic damage; rust; change in color, texture, or finish; wear and tear; gradual deterioration Error in design, construction, product programming, or instructions to the product Fraud, theft, unexplained or mysterious disappearance, misuse, abuse, or willful act Alteration or modification of the product in any way. Mechanical parts are excluded from the warranty coverage (Chassis, Bezel, HDD tray, etc.). Any CID (Customer Induced Damage) cases are not included in warranty coverage
 
Customer Responsibility
 
If applicable, the Customer must register the covered hardware immediately, using the registration instructions within each package or e-mail document or as otherwise directed by SYMMATRIX. At the sole discretion of SYMMATRIX, service levels with an onsite response time of 4 hours may require installation of remote connectivity tools and equipment. If remote support is available and required on the covered product, the Customer must provide and allow SYMMATRIX remote access in order to receive an onsite response time of 4 hours. The Customer will be required, upon SYMMATRIX request, to support SYMMATRIX's remote problem resolution efforts. The Customer will: Provide all information necessary for SYMMATRIX to deliver timely and professional remote support and to enable SYMMATRIX to determine the level of support eligibility Start self-tests and install and run other diagnostic tools and programs Install customer-installable firmware updates and patches Perform other reasonable activities to help SYMMATRIX identify or resolve problems, as requested by SYMMATRIX The Customer is responsible for installing, in a timely manner, critical customer-installable firmware updates, as well as Customer Self Repair parts and replacement products delivered to the Customer. In cases where Customer Self Repair parts are shipped to resolve a problem, the Customer is responsible for returning the defective part within a time period designated by SYMMATRIX. In the event SYMMATRIX does not receive the defective part within the designated time period or if the part is physically damaged upon receipt, the Customer will be required to pay a fee for the defective part, as determined by SYMMATRIX. The Customer is responsible for registering to use SYMMATRIX's electronic facility in order to gain access to restricted product information and to receive proactive notification or other services available to the Customer. With defective media retention service option, it is the Customer's responsibility to: Retain physical control of Disk Drives at all times during support delivery by SYMMATRIX; SYMMATRIX is not responsible for data contained on Disk Drives Ensure that any Customer sensitive data on the retained Disk Drive is destroyed or remains secure Have an authorized representative present to retain defective Disk Drives, accept replacement Disk Drives, provide SYMMATRIX with identification information for each Disk Drive retained hereunder, and upon SYMMATRIX request, execute a document provided by SYMMATRIX acknowledging the retention of the Disk Drives Destroy the retained Disk Drive and/or ensure that the Disk Drive is not put into use again Dispose of all retained Disk Drives in compliance with applicable environmental laws and regulations For Disk Drives supplied by SYMMATRIX to the Customer as a loaner, rental or lease product, the Customer will promptly return the replacement Disk Drives at the expiration or termination of support with SYMMATRIX. The Customer will be solely responsible for removing all sensitive data before returning any such loaned, rented or leased Disk Drive to SYMMATRIX.