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NIXSYS Open Systems Standard
Warranty
NIXSYS Open Systems currently warrants all of its server products for
2 year parts and labor. Workstations are covered for 2 year, parts and
labor. All third party items, such as note books, monitors, accessories
and computer parts are governed by the individual manufacturers warranties.
NIXSYS Open Systems does not give any warranty of any kind to any Open
Source software that is preloaded on your system.
Frequently, users will want to modify their systems by adding internal
peripherals or components. This is permissible in most cases as long as
an email is first sent to support@nixsys.com
to confirm what modifications will be made - only then will the warranty
be honored. Additionally, we may be able to inform you of any issues you
may encounter when adding the new hardware. We will always go out of our
way to help you solve non-order related hardware and software related
issues that arise, but that level of support will be made at our discretion.
NIXSYS Open Systems warrants hardware to be free from defects in materials
and workmanship for a period of three (2) years from the date of invoice,
and will repair or replace the unit accordingly upon failure and return
inspection. This warranty is not transferable. In addition, longer warranty
periods are typically available from some of the individual component manufacturers.
NIXSYS Open Systems will make its best efforts to assist the customer in
obtaining the under-warranty repair directly from the component manufacturer
in these cases. Damages incurred in shipping the products are not included
in this warranty. This is the responsibility of the shipping carrier. NIXSYS
Open Systems ships all its products insured to their full value.
Return Policy
This policy applies to products shipped within the United States only.
If not completely satisfied with NIXSYS Open Systems products, customer
may return them to NIXSYS Open Systems within 30 days of invoice for a
refund of the purchase price, less shipping and handling costs and a 15%
restocking fee. Customer must ship products back to NIXSYS Open Systems
in original packaging and condition, and prepay shipping charges. Customer
assumes the risk for loss or damage during shipment. Customer is advised
to insure the return shipment with the carrier.
Environmental considerations
Every effort is made to ensure your system functions flawlessly under
normal operating conditions. Abnormal or nonstandard operating conditions,
such as high-temperature or high-humidity environments, operating in the
sun, radiant or contact heat from other nearby objects, or excessively
high CPU utilization under constant conditions, may occasionally cause
heat or stress-related issues.
Shipping
NIXSYS Open Systems ships all products in boxes and packaging approved
to the specs of the shipping carriers we use. Visible damage of any NIXSYS
Open Systems product received by the customer must be claimed to the shipping
carrier immediately upon receipt. Failure to do so voids the warranty.
All packing materials must be retained to show to the claims inspectors
for the shipping carriers.
Exclusions
NIXSYS Open Systems does not warrant damage due to external causes including,
but not limited to, accident, abuse, misuse, problems with electrical
power, failure to maintain environmental conditions within operating range
specified by manufacturer, relocations or attempts to relocate systems,
servicing not authorized by NIXSYS Open Systems, usage not in accordance
with product instructions, failure to perform required preventive maintenance,
and problems caused by use of parts and components not supplied by NIXSYS
Open Systems. NIXSYS Open Systems hardware products are not warrantied,
implied or otherwise, as to their merchantability or fitness for a specific
purpose. External accessories and devices not directly manufactured by
NIXSYS Open Systems (such as monitors, uninterruptible power supplies,
tape drives, speakers and rack enclosures) are warranted directly by the
individual manufacturer. Any sign that the serial number has been altered
or tampered with voids this warranty. Adding or changing components without
concurrence of NIXSYS Open Systems technical support voids this warranty.
Software
NIXSYS Open Systems systems include software that is licensed free of
charge, or is licensed by the customer directly from the manufacturer.
As no licensing fee is passed on by NIXSYS Open Systems to the customer,
NIXSYS Open Systems makes no claims or warranties, either express or implied,
of any kind, including but not limited to the implied warranties of merchantability
and fitness for a particular purpose, to the extent permitted by law.
Customer assumes entire risk as to the quality and performance of the
software. NIXSYS Open Systems is not liable for any damages including,
but not limited to, loss or corruption of data.
Limitation of Liability
NIXSYS Open Systems DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SETFORTH
HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCTS NOT BEING
AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA. NIXSYS Open Systems IS
NOT LIABLE FOR LOST PROFITS, LOST BUSINESS, OR OTHER CONSEQUENTIAL, SPECIAL,
INDIRECT, OR PUNITIVE DAMAGES. UNDER NO CIRCUMSTANCES IS NIXSYS Open Systems
LIABLE FOR ANY THIRD-PARTY CLAIMS AGAINST THE CUSTOMER.
Customer Obligations
Customer agrees to comply with all applicable state and federal laws and
regulations. Products are subject to United States export laws and may
be subject to export and import laws of other countries. Customer will
strictly comply with such laws. Customer warrants to be the end user.
Separate terms and conditions apply to reseller/OEM agreements.
Governing Law
This agreement and any order issued hereunder shall be governed by the
laws of the State of California. The application of the United Nations
Convention on Contracts for International Sale of Goods is expressly excluded.
The parties hereby agree and consent that any dispute relating to the
products sold hereunder shall be subject to exclusive jurisdiction and
venue of the United States District Court for the Southern District of
California, and the Superior and Municipal Courts of the State of California,
Orange County.
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