– Effective with Purchase of RackTop Systems, Inc Products* –
1. LIMITED WARRANTY – RackTop(R) Systems, Inc (“RackTop”) warrants its products, if properly used and installed, to be free from defects in material and workmanship for a period of time detailed below from the date of RackTop’s invoice. A further 7-day warranty grace period is granted upon the respective expiration of the labor and parts warranty period specified herein. This limited warranty applies only to the original purchasers of RackTop’s products (“Customer”) and authorized distributors and resellers of RackTop’s products (“Distributor”).
RackTop Appliances** RackTop provides a one-year warranty for labor and parts unless extended through specific terms at the time of product purchase. This limited warranty includes advance part replacement service covering a period of 1 year from RackTop invoice date.
Other RackTop products: Special warranty terms shall apply and will be indicated in each specific product purchase orders’ corresponding invoices. In the absence of such special warranty terms, the warranty terms set forth above for RackTop Appliance products shall apply.
If returned products are: a) within the warranty period, b) accompanied by the proper Return Materials Authorization (“RMA”) and c) defective as determined by RackTop; RackTop will, at its option: 1) repair the defective product within 10 working days, 2) replace the defective product with a refurbished product or 3) issue a credit to the Customer for the current value of the product. For purposes of this Limited Warranty, “refurbished” means a product or part that has been returned to its original specifications. RackTop has no obligation to repair or replace parts beyond the one-year warranty period; however, RackTop may repair or replace provided that 1) Customer pays for the cost of obtaining the part(s) and 2) the part(s) are available for purchase.
2. WARRANTY VOID CONDITIONS – This limited warranty does not cover any failure(s) or defect(s) caused by misuse, accident, abnormal or unusually heavy use, improper packaging or handling, neglect, abuse, alteration, improper installation, unauthorized repair or modification, improper testing or causes external to the product such as, but not limited to, excessive heat or humidity, power failures, power surges or acts of God. This limited warranty will be void if evidence is seen of screw holes created by Distributor or Customer, burned-out chips, more than four wires are broken, evidence of repair work performed or damage caused by a party other than RackTop. This limited warranty does not cover expendable components, any software supplied by RackTop, any experimental or developmental products, compatibility issues with other hardware and software products introduced after the time of purchase, or products or accessories not manufactured by RackTop. Under no circumstances will RackTop be responsible for other costs associated with product replacement or repair, such as labor, installation or other costs incurred by the Distributor or Customer.
3. PRODUCT RETURNS – In the event that a product needs to be returned to RackTop for warranty service, the Customer or Distributor must first obtain a RMA number from RackTop. The RMA number must be clearly printed on the outside of the box in which the product is returned. RackTop will not accept any shipment without an RMA number.
After processing an RMA request, RackTop reserves the right to request the total cost of the replacement products or the actual products itself if RackTop later determines it to have sustained damage through actions of the Distributor or Customer.
4. RMA REQUIREMENTS – The Customer must supply the following information to RackTop to obtain an RMA number: invoice date, invoice number, product model name, serial number and reason for return. RMA number will become void if the product it covers is not received by RackTop within 30 days after the RMA number is issued. When returning a product for RMA, Distributor must ship with freight prepaid, include in the box a copy of the original invoice and a detailed note describing the problem. Distributor must also make sure the RMA number is clearly marked on the outside of the box. All RMAs must be returned in the products’ original packaging.
5. RETURN FOR CREDIT – Defective or DOA Products may be returned for credit within 30 days from RackTop’s invoice date. Credit will only be issued if returned products are in brand new condition. RackTop will charge a restocking fee of an amount no less than 15% of the original purchase price for any returned product that is non-defective or arrives with an incomplete package. RackTop will allow a 10-day period for shipment of a returned product to reach RackTop.
6. DOA CONDITIONS –Distributor or Customer must notify RackTop according to Sections 3 and 4 above of all DOA (“Dead On Arrival”) products within 14 days from the invoice date for advance part replacement service.
7. REPLACEMENT CONDITIONS – All product replacements are subject to quantity available in RackTop stock. If RackTop does not have stock to replace the returned products, RackTop shall have at least 30 days to manufacture and replace the returned products.
8. OUT-OF-WARRANTY SERVICE – Upon expiration of the aforementioned limited warranties, RackTop may provide additional services up to 3 years from the date of expiration subject to additional charges. RackTop shall have the option to replace defective products with refurbished or functionally equivalent products in the event that RackTop determines, in its sole discretion, that a repair is impracticable. Distributor shall pay for all shipping, service, parts, and other charges associated with out-of-warranty services.
9. CANCELLATIONS – A cancelled order which has not shipped from RackTop will be subject to a cancellation charge of an amount of 15% of the total order amount.
10. WARRANTY EXCLUSIONS – RackTop’s warranty policy does not include products intended for OEM/ODM distribution or refurbished products and does not cover server semiconductor components and third party components including but not limited to CPU socket pins, chipsets and processors. The warranty excludes cosmetic items such as LED’s that are not activity lights.
11. DISCLAIMER OF WARRANTY – Except as specified in this warranty, RackTop disclaims all other warranties, express or implied including, but not limited to any implied warranties of merchantability or fitness for a particular purpose. To the extent an implied warranty cannot be excluded, such warranty is limited in duration to the express warranty period. Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty lasts, the above limitations may not apply.
12. LIMITATION OF LIABILITY – RackTop’s liability under this, or any other warranty, implied or express, is limited to repair, replacement or refund. In no event will RackTop be liable for direct, special, incidental, or consequential damages however caused and regardless of the theory of liability including, but not limited to, lost profits, downtime, goodwill, damage to or replacement of equipment and property, and any costs of recovering, reprogramming, or reproducing any document or data stored in or used with a system containing this product. Some states or jurisdictions do not allow limitation or exclusion of consequential or incidental damages thus the above limitation may not apply.
* “RackTop Products” are defined as products developed and manufactured solely by RackTop and do not include products, components, or software supplied by third parties.
** A RackTop Appliance is a RackTop chassis, internal computer components, and pre-delivery software professionally pre-installed at a RackTop authorized integration facility.