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Microway Guarantee

 

 

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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