Updated: 2018-06-01 (YYYY-MM-DD).
This Warranty Policy applies to pre-owned and refurbished original equipment manufacturer (“OEM”) branded equipment, OEM branded equipment acquired outside of authorized resale channels (e.g., “unused in box”, “new in box” or “out of channel” equipment) and new NDS branded equipment (referred to collectively as the “Equipment”). The terms “NDS”, “We”, “Us”, or “Our” shall refer to New Design Systems and its subsidiaries, affiliates, sister and parent companies.
We warrant (unless otherwise agreed in writing) that the Equipment sold to “Buyer” will be free from defects in material and workmanship for the lifetime of such Equipment provided that the Equipment is properly used and maintained.
Notwithstanding the foregoing, the warranty for certain Equipment shall be limited. Pre-owned x86 servers and all complex server products (excluding hard drives and solid-state drives) will carry a warranty for six (6) months (unless otherwise agreed in writing) from the date of shipment but only for so long as the original configuration is maintained on the Equipment. Any changes to the original configuration will invalidate the warranty with the exception of hard drive and memory changes. The warranty period for pre-owned hard drives and solid-state drives and other pre-owned storage products (including storage systems, controllers, shelves, tape drives and libraries) will be three (3) months (unless otherwise agreed in writing) from the date of shipment. NDS branded solid-state drives will carry a warranty for six (6) months (unless otherwise agreed in writing) from the date of shipment that will expire when the solid-state drive use exceeds the stated endurance limit as set forth in the applicable product specifications.
During the warranty period, We will, at Our discretion, either replace defective Equipment with a properly functioning unit (“Replacement Equipment”) or issue a credit to Buyer for the purchase price paid by Buyer for the defective Equipment. We reserve the right to replace defective Equipment with the same model or an upgraded model with comparable functionality.
Buyer may open a warranty claim by sending a written request to Us at the following email address: support[at]nds.net.
Buyer must ship defective Equipment back to Us unless otherwise agreed upon. Buyer must do so within seven (7) days of receipt of Replacement Equipment or refund, whichever is applicable. If Buyer fails to return the defective Equipment, and if We issued Buyer a credit for the defective Equipment, We may cancel the credit. If Buyer fails to return the defective Equipment, and if We sent Replacement Equipment, Buyer shall be liable for the cost of such Replacement Equipment and We shall invoice Buyer accordingly.
We shall cover the costs of shipping the defective Equipment back to Us but only if shipped from the same location to which We initially delivered the Equipment or another location with comparable shipping costs. Buyer must obtain a valid return authorization number from Us prior to returning defective Equipment unless otherwise agreed upon. In addition, Buyer must ship the defective Equipment using Our account with Our preferred carrier. If Buyer ships such defective Equipment per a different account or with a different carrier, We will not be liable for shipping costs.
If Buyer returns Equipment claiming that it was defective but it is determined not to have been defective, Buyer shall be liable for all shipping costs associated with such improper return. In addition, if We issued Buyer a credit for such improperly returned Equipment, We may cancel the credit and if We sent Replacement Equipment for such improperly returned Equipment, Buyer shall be liable for the cost of such Replacement Equipment and We shall invoice Buyer accordingly.
We will pay for the costs to ship Replacement Equipment to Buyer but only if shipped to the same location to which We initially delivered the Equipment or another location with comparable shipping costs. Replacement Equipment will be shipped using Our preferred carrier, freight prepaid by Us. We shall also cover the cost of any import duties, taxes or other similar fees, arising in connection with the shipment of such Equipment, except for any such duties, taxes or fees arising as a result of shipments to or from India, China, Russia, Central America, South America, Philippines, South Korea, Thailand, or Saudi Arabia, which shall be Buyer’s responsibility.
This Warranty Policy does not apply to any failure of the Equipment due to misuse, abuse, accident, neglect, mishandling, lack of proper maintenance, environmental factors, improper installation or configuration, flood, fire or other natural disasters, physical damage, electrical issues such as lightning, power surges or incorrect electrical voltages, or improper modifications.
This Warranty Policy is nontransferable and only valid for the original purchaser of the Equipment (“Buyer”).
This Warranty Policy does not apply to any new OEM branded equipment for which We are an authorized reseller or any new OEM branded equipment acquired for resale by Us from an authorized reseller. Warranties for such equipment are provided solely by the manufacturer of the equipment.
WE EXPRESSLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO ANY SUCH EQUIPMENT, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. To the extent it is authorized to do so, We will pass through to Buyer any transferable warranties. Our sole responsibility with respect to any such warranties is to provide Buyer with reasonable assistance in its efforts to have the manufacturer honor the warranties.
This Warranty Policy does not apply to any products purchased in wholesale transactions. This Warranty Policy does not cover mainframes, software, batteries, licenses or any equipment provided as part of Our maintenance services or other services. We disclaim any warranty, express or implied, for such goods and services, except as separately agreed to in writing by Us.
EXCEPT AS SET FORTH ABOVE, OR AS OTHERWISE AGREED TO BY US IN WRITING, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH REGARD TO THE EQUIPMENT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, SUITABILITY, OR NON-INFRINGEMENT.
THE REMEDY OF REPLACEMENT OR REFUND, AS DETERMINED IN OUR SOLE DISCRETION, WILL BE THE EXCLUSIVE AND SOLE REMEDY OF BUYER WITH RESPECT TO ANY CLAIMS BASED ON THE EQUIPMENT. IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONTINGENT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGE OR LOSS OF OTHER PROPERTY OR GOODS, LOSS OF PROFITS OR REVENUE, LOSS OF USE OR LOSS OF DATA.
THE WARRANTY COVERAGE SET FORTH ABOVE TERMINATES UPON THE SALE OR TRANSFER OF THE EQUIPMENT BY BUYER TO ANOTHER PARTY.