AWS Elemental Limited Hardware Warranty
Last Updated: August 6, 2019
This Limited Warranty is made part of your Order for Appliances pursuant to the AWS Elemental Appliances and Software Terms of Service between Elemental Technologies LLC (“AWS Elemental,” “we,” “us,” or “our”) and you or other written agreement between you and AWS Elemental governing your purchase and use of the AWS Elemental Appliances (the “Agreement”). We may change the availability of this Limited Warranty, at any time, but any changes will not be retroactive. Unless otherwise defined in this Limited Warranty, capitalized terms will have the same meaning as set forth in the Agreement.
1. Limited Warranty. AWS Elemental warrants that an Appliance, when installed and operated in accordance with the applicable Documentation, will for a period of one year from Delivery ("Warranty Period"): (a) be materially free of defects in materials and workmanship and (b) perform substantially in accordance with the applicable Documentation. Our sole obligation and your exclusive remedy for a breach of this Limited Warranty is for us to repair or replace the defective AWS Elemental Appliance. This Limited Warranty will not be enlarged and no obligation or liability will arise out of our rendering of technical advice or services in connection with the Appliance or any Software. We may use new or refurbished parts made by various manufacturers in performing repairs. Appliances which are replaced or repaired under this Limited Warranty are warranted only for the remaining unexpired portion of the applicable Warranty Period. We do not guarantee, and we are not responsible for, the maintenance of, damage to, or loss of Your Content on the repaired Appliances and at our sole discretion we can return an Appliance with Software in the “factory default” configuration or with any Software update available at the time of the repair (which may be a newer version than the Software installed on the original Appliance). You accept responsibility to maintain a backup copy of any of Your Content.
2. Exclusions. We do not warrant that the operation of the Appliance, whether standalone or integrated, will be uninterrupted or entirely free from design defects or errors. This Limited Warranty does not cover: (i) any Software embedded on the Appliance; (ii) problems that result, directly or indirectly, from (a) external causes such as accident, abuse, misuse, extreme temperatures, over-voltage, electrical surges, or misapplication of electrical power; (b) installation, configuration, use, or operation other than in accordance with instructions and specifications contained in the relevant Documentation; (c) modification in any way, including but not limited to by incorporation into or integration with hardware (including peripherals, accessories, power supplies, parts or components) or software not supplied by us; or (d) an act of nature; or (iii) servicing of the Appliance not performed or authorized by us. In addition, this Limited Warranty does not cover, and we expressly exclude from this Limited Warranty: normal wear and tear; accessories such as cables, power supplies and batteries; beta, evaluation and demonstration versions of our Appliance; engineering samples; replacement parts or components not supplied by us; and any version for which we have not published official Documentation (such as beta or unreleased Appliances). In addition, Appliances are not fault-tolerant and are not designed or intended for use in hazardous environments requiring fail-safe performance, such as any application in which the failure of the Appliance could lead directly to death, personal injury, or severe physical or property damage (collectively, “High-Risk Activities”). We expressly disclaim any express or implied warranty of fitness for High-Risk Activities.
3. How to Obtain Warranty Service. You may obtain warranty service for the AWS Elemental Appliance during the Warranty Period by sending an e-mail to firstname.lastname@example.org for assistance. Alternatively, you may call 1-888-900-8104 from 9:00 am to 5:00 pm Pacific Time or notify us in writing at Elemental Technologies LLC, Attn: Warranty Service Request, 1320 SW Broadway, Suite 400, Portland, OR 97201. You must include a complete written description of the alleged defect and you must receive a Return Materials Authorization (“RMA”) from us before returning the Appliance to us, and follow the RMA instructions provided by us. We will investigate the claim. If we determine, in our reasonable discretion, that the claim is proper, then we will repair or replace the Appliance and return it in accordance with our RMA procedure. All Appliances returned to us and exchanged for new or refurbished items as part of the warranty service will become our property. We will perform warranty service described in this Limited Warranty within a commercially reasonable time.
4. This Limited Warranty is not transferable without our prior written consent. If you request to transfer this Limited Warranty together with the Appliance in the context of a reorganization, merger, acquisition or sale of the business assets to which the Appliance belongs, we may require that such transfer will not be effective unless we receive written notice of the transfer, the full name and address of the transferee where communications about the Appliance may be sent, and the transferee's written agreement to be bound to all terms and conditions of the Agreement and this Limited Warranty.
THE WARRANTY SET FORTH HEREIN IS THE COMPLETE AND EXCLUSIVE WARRANTY PROVIDED BY US IN CONNECTION WITH APPLIANCES AND REPLACES ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. IF ANY APPLICABLE LAW OR STATUTE OF A JURISDICTION CONFLICTS WITH THIS LIMITED WARRANTY, THEN THIS LIMITED WARRANTY SHALL BE MODIFIED ONLY TO THE EXTENT NECESSARY TO COMPLY WITH ANY SUCH LAW OR STATUTE AND AVOID THE CONFLICT. THIS LIMITED WARRANTY SUPERSEDES ANY PRIOR AGREEMENTS OR REPRESENTATIONS (INCLUDING BUT NOT LIMITED TO REPRESENTATIONS MADE IN ANY OF OUR SALES AND MARKETING LITERATURE, DOCUMENTATION OR ADVICE GIVEN TO YOU BY US OR ANY OF OUR AGENTS OR EMPLOYEES) THAT MAY HAVE BEEN MADE IN CONNECTION WITH YOUR PURCHASE OF THE APPLIANCE. WE ARE NOT LIABLE UNDER THIS LIMITED WARRANTY FOR CLAIMS BY THIRD PARTIES AGAINST YOU FOR ANY REASON OR UNDER ANY THEORY OF LIABILITY.