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The following is a sample of Microway's Two
Year Off-Site Limited Warranty:
All Microway custom configured workstations and
clusters are fully tested and debugged before shipment from the
factory to the end-user. This warranty covers only the original
purchasing institution of the product and is not transferable to
any other party.
During the two year period beginning on the invoice
date, Microway will provide, on an exchange basis, replacement parts
for the Microway hardware product(s) covered under this limited
warranty when it is determined that a part requires replacement.
You must report each instance of hardware failure to Microway Technical
Support by telephone at (508)-746-7341 in advance to obtain Microway's
concurrence that a part should be replaced and to have Microway
ship the replacement part. If warranty service is required, Microway
will issue a Return Material Authorization Number. Microway will
ship parts using next-business-day or two day delivery at its option,
shipping prepaid to an address in the continental United States.
Replacement parts are new or reconditioned. Microway will include
a shipping container with each replacement part for your use in
returning the replaced part to Microway. You must ship the products
back to Microway in their original or equivalent packaging, prepay
shipping charges, and insure the shipment or accept the risk of
loss or damage during shipment. Microway may provide replacement
parts made by various manufacturers when supplying parts to you,
so long as these parts are compatible with the hardware and operating
system originally purchased. Microway recommends that customers
retain at least 3 node shipping cartons and foam inserts and one
switch package per 100 cluster nodes for the entire warranty period.
The warranty term for a replacement part is the remainder of the
original limited warranty term, unless the part carries its own
manufacturer's warranty, which may be longer than the originally
purchased part.
Damage due to shipping the product to you is covered
under insurance of either Microway or your organization, pursuant
to the FOB terms on your purchase order. Otherwise, this warranty
does not cover damage due to external causes, including accident,
abuse, misuse, problems with electrical power, servicing not authorized
by Microway, usage not in accordance with product instructions,
and problems caused by your integration and use of parts and components
not supplied by Microway. Before you ship the product(s) to Microway,
please back up the data on the hard-disk drive(s) and any other
storage device(s) in the product(s). Remove any removable media,
such as diskettes or CDs. Microway does not accept liability for
lost data or software. If you have any questions, please call Microway
Technical Support for assistance.
Note: By accepting this Warranty, you agree to pay
Microway for replacement parts when the original defective part
is not returned to Microway within 30 days after the date the replacement
part was shipped by Microway. In this case, replacement parts will
be priced at Microway's then-current standard prices. Payment for
these parts is due within 30 days from the date of invoice. You
accept full responsibility for your software and data. Microway
is not required to advise or remind you of appropriate backup and
other procedures.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND
YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE (OR
JURISDICTION TO JURISDICTION). MICROWAY'S RESPONSIBILITY FOR MALFUNCTIONS
AND DEFECTS IN HARDWARE IS LIMITED TO REPAIR AND REPLACEMENT AS
SET FORTH IN THIS WARRANTY STATEMENT. ALL EXPRESS AND IMPLIED WARRANTIES
FOR THE PRODUCT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES
OF AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, ARE LIMITED IN DURATION TO THE WARRANTY PERIOD SET FORTH
ABOVE AND NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, WILL APPLY
AFTER SUCH PERIOD. SOME STATES (OR JURISDICTIONS) DO NOT ALLOW LIMITATIONS
ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY
NOT APPLY TO YOU. MICROWAY DOES NOT ACCEPT LIABILITY BEYOND THE
REMEDIES SET FORTH IN THIS WARRANTY STATEMENT OR LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LIABILITY
FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST DATA OR SOFTWARE.
SOME STATES (OR JURISDICTIONS) DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR
LIMITATION MAY NOT APPLY TO YOU.
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