AWS Elemental Limited Hardware Warranty
Last Updated: March 2, 2023
This Limited Warranty (“Warranty”) covers AWS Elemental Appliances (“Appliance”) purchased from Elemental Technologies LLC, 1320 SW Broadway, Suite 400, Portland, Oregon 97201, United States (“AWS Elemental”, “we,” "us,” or “our”). Capitalized terms used in this Warranty but not defined below are defined in the AWS Elemental Appliances and Software Terms of Service and Product Terms (the “Agreement”).
Limited Warranty. Subject to your compliance with the Agreement, we warrant 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. During this Warranty Period, if a defect arises in an Appliance, and you follow the instructions below for requesting warranty support, we will at our option, to the extent permitted by law, either (i) repair the Appliance using either new or refurbished parts made by various manufacturers, or (ii) replace the Appliance with a new or refurbished Appliance that is materially equivalent in performance to the Appliance to be replaced. This Warranty applies to any repair, replacement part, or replacement Appliance for the remainder of the original Warranty Period. If we provide a repaired or replacement Appliance to you, the Appliance will be updated to the latest Software release unless you instruct otherwise. This Limited Warranty is not transferable without our prior written consent.
Instructions. You may obtain warranty service for the AWS Elemental Appliance during the Warranty Period by calling 1-888-900-8104 from 9:00 am to 5:00 pm Pacific Time on business days or by opening a support ticket via the AWS Elemental Support Center. You must provide a complete description of the alleged defect. This information will be reviewed to determine if a Return Materials Authorization (“RMA”) is necessary. You will return the Appliance after receiving the RMA instructions provided by us. If we determine, in our reasonable discretion, that the claim is proper, then we will perform warranty service described in this Limited Warranty within a commercially reasonable time.
Your Responsibilities. You are responsible for backing up and deleting any of Your Content stored or preserved on your Appliance, before you deliver your Appliance for warranty service. It is possible that Your Content (such as storage media, data, software or other materials) will be destroyed, lost, or reformatted during service, and we will not be responsible for any such damage or loss.
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, fire, misuse, extreme temperatures, over-voltage, electrical surges, or misapplication of electrical power; (b) installation, configuration, use, or operation other than in accordance with the 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. We expressly exclude from this Limited Warranty: normal wear and tear; accessories such as cables, power supplies, and batteries; engineering samples; replacement parts or components not supplied by us; and any version for which we have not published official Documentation. We expressly disclaim any express or implied warranty of fitness for High-Risk Activities.
Limitations. TO THE EXTENT PERMITTED BY LAW, THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND REMEDIES, AND WE SPECIFICALLY DISCLAIM ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND AGAINST HIDDEN OR LATENT DEFECTS. IF WE CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES, THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY AND TO REPAIR OR REPLACEMENT SERVICE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG A STATUTORY OR IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. WE AND OUR AFFILIATES, LICENSORS AND SUPPLIERS ARE NOT RESPONSIBLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR UNDER ANY OTHER LEGAL THEORY. IN SOME JURISDICTIONS THE FOREGOING LIMITATION DOES NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSSLY NEGLIGENT ACTS AND/OR OMISSIONS, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
This Warranty gives you specific rights. You may have additional rights under applicable law, and this Warranty does not affect such rights.