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xByte Limited Warranty Terms and Conditions (US Only)

 
This Agreement applies to products purchased by you from xByte Technologies ("xByte") and currently located in the United States, unless you enter into a separate written agreement with xByte. By purchasing from xByte you hereby agree to xByte’s DISPUTE RESOLUTION CLAUSE. PLEASE SEE SECTION 6 BELOW.


1. Product Limited Warranty. xByte warrants that its products will be free from defects in materials and workmanship for one (1) year for any and all part and servers unless a different warranty period is specified on the invoice. The warranty period begins on your invoice date. During the warranty period, xByte will, at its option: (i) provide replacement parts necessary to repair the product, (ii) repair the product, (iii) replace the product with a comparable or superior one, or (iv) refund the amount you paid for the product, LESS SHIPPING & HANDLING, upon its return. You must assist xByte in diagnosing issues with your product and follow xByte’s warranty processes. You must obtain warranty service from xByte. xByte will not reimburse you for service performed by others. In the event that the part or server under warranty is not currently available, xByte will make every reasonable effort to obtain a replacement part or server or provide you with a like or superior product at xByte’s discretions. Replacement parts and products will be serviceably used, comparable in function and performance equal to the original part, and warranted for the remainder of the original warranty period. All defective parts or products must be returned within fourteen (14) days after you receive the replacement parts or products. Any customer failing to return the products within fourteen (14) days will be charged for all replacement products. If items arrive damaged due to shipping, you must notify xByte within 5 business days of said damaged. Items must be inspected upon receipt. Items returned with physical damage, not notified within 5 business days of receipt, will not be warranted. THIS LIMITED WARRANTY DOES NOT COVER MISUSE OR MINOR IMPERFECTIONS THAT DO NOT MATERIALLY ALTER FUNCTIONALITY. PRODUCTS SOLD BY xByte AS "USED" MAY NOT PERFORM AS WELL AS SIMILAR NEW PRODUCTS. xByte DOES NOT WARRANT AND IS NOT RESPONSIBLE FOR DAMAGES CAUSED BY MISUSE, ABUSE, ACCIDENTS, VIRUSES, UNAUTHORIZED SERVICE OR PARTS, OR THE COMBINATION OF xByte PRODUCTS WITH OTHER PRODUCTS. THIS LIMITED WARRANTY DOES NOT COVER SOFTWARE-RELATED ISSUES.


2. Damages during shipping. Items must be inspected upon receipt. Items returned with physical damage, not notified within 5 business days of receipt, will not be warranted.


3. Services and Service Limited Warranty. xByte warrants that all services are performed in a professional and workmanlike manner. You should back up all files before services are performed and remove any data from parts or products returned to xByte. xByte IS NOT RESPONSIBLE FOR ANY LOSS OF YOUR DATA.


4. Warranty Process. If the product you received from xByte is defective during the warranty period, you must contact xByte via phone (888-929-8348) and/or via the website at the following web address: (http://www.xbyte.com/RMA.aspx) before taking any further action. You may be asked to provide assistance in diagnosing and repairing any issue prior to xByte shipping any replacement part. After confirming your problem, xByte will determine the appropriate action to take. xByte may require you to ship the defective product to xByte in order to repair or replace it. In the event xByte does require you to return the defective product, xByte will provide you with a Returned Merchandise Authorization ("RMA") number. You must include this number with the defective product when you return it. FAILURE TO OBTAIN AN RMA NUMBER PRIOR TO SHIPPING YOUR DEFECTIVE PRODUCT TO xByte RELIEVES xByte OF ALL FURTHER OBLIGATIONS UNDER THIS WARRANTY AGREEMENT. Returned products may be shipped with an xByte prepaid to: XByte Technologies Inc., 4614 19th St. Ct. East, Bradenton, FL 34203, or to whatever other address xByte provides you.


5. Disclaimer of Warranties; Limitation of Liability. EXCEPT FOR THE WARRANTIES EXPRESSED IN THIS AGREEMENT, xByte DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER APPLICABLE LAW. THE TERM OF ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED ARE LIMITED TO THE TERM OF THIS AGREEMENT. xByte’S AND YOUR MAXIMUM LIABILITY TO THE OTHER IS LIMITED TO THE PURCHASE PRICE YOU PAID FOR PRODUCTS OR SERVICES, PLUS INTEREST AS ALLOWED BY LAW. NEITHER YOU NOR xByte IS LIABLE TO THE OTHER IF YOU OR IT ARE UNABLE TO PERFORM DUE TO EVENTS YOU OR IT ARE NOT ABLE TO CONTROL, SUCH AS ACTS OF GOD, OR FOR PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, LOST DATA, OR OTHER CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, OTHER THAN THOSE DAMAGES THAT ARE INCAPABLE OF LIMITATION, EXCLUSION, OR RESTRICTION UNDER APPLICABLE LAW. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.


6. Dispute Resolution. You and xByte agree that any Dispute between You and xByte will be resolved exclusively and finally by arbitration administered by the National Arbitration Forum (NAF) and conducted under its rules, except as otherwise provided below. You and xByte will agree on another arbitration forum if NAF ceases operations. The arbitration will be conducted before a single arbitrator, and will be limited solely to the Dispute between You and xByte. The arbitration, or any portion of it, will not be consolidated with any other arbitration and will not be conducted on a class-wide or class action basis. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered thereon in any court of competent jurisdiction. You understand that, in the absence of this provision, You would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that You have expressly and knowingly waived those rights and agreed to resolve any Disputes through binding arbitration in accordance with the provisions of this paragraph. This arbitration provision shall be governed by the Federal Arbitration Act, 9 U.S.C. Section 1, et seq. For the purposes of this provision, the term "Dispute" means any dispute, controversy, or claim arising out of or relating to (i) this Agreement, its interpretation, or the breach, termination, applicability, or validity thereof, (ii) the related order for, purchase, delivery, receipt, or use of any product or service from xByte, or iii) any other dispute arising out of or relating to the relationship between You and xByte; the term "xByte" means XByte Technologies, Inc., its parents, subsidiaries, affiliates, directors, officers, employees, beneficiaries, agents, assigns, and/or component suppliers (both hardware and software); and the term "You" means you, or those in privity with you, such as family members or beneficiaries. Information may be obtained from the NAF on line at www.arb-forum.com, by calling 800-474-2371, or writing to P.O. Box 50191, Minneapolis, MN, 55405.


7. General. You may not assign this Agreement without xByte’s written consent. xByte and its subsidiaries and affiliates are intended beneficiaries of this Agreement. If there is any inconsistency between this Agreement and any other agreement included with or relating to products or services purchased from xByte, this Agreement shall govern. This Agreement may not be modified, altered, or amended without the written agreement of xByte. Any additional or altered terms shall be null and void, unless expressly agreed to in writing by xByte. If any term of this Agreement is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired. This Agreement shall be interpreted under the laws of the State of Florida, without giving effect to conflicts of law rules.



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