Racktivity agrees to repair or replace Data Center Management Units (“Products”) that fail due to a defect within twelve (12) months after the shipment date of each Product unit to Buyer (“Warranty Period”). For purposes of this Agreement the term “defect” shall mean the Product fails to operate or fails to conform to its applicable specifications. Any claim made pursuant to this Agreement shall be asserted or made in writing only by Buyer. Buyer shall comply with Racktivity’s Standard Return Merchandise Authorization (“RMA”) procedure for all warranty claims as set forth in Racktivity’s operation manual. Buyer must return Products in original packaging and in good condition. This limited warranty does not include labor, transportation, or other expenses to repair or reinstall warranted Products on site or at Buyer’s premises. The warranty only applies to the original Buyer.
Racktivity reserves the right to investigate any warranty claims to promptly resolve the problem or to determine whether such claims are proper. In the event that after repeated efforts Racktivity is unable to repair or replace a defective Product, then Buyer’s exclusive remedy and Racktivity’s entire liability in contract, tort, or otherwise shall be the payment by Racktivity of Buyer’s actual damages after mitigation, but shall not exceed the purchase price actually paid by Buyer for the defective Product.
Racktivity shall have no responsibility or liability for any Product, or part thereof, that (a) has had the Serial Number, Model Number, or other identification markings altered, removed or rendered illegible; (b) has been damaged by or subject to improper installation or operation, misuse, accident, neglect and/or has been used in any way other than in strict compliance with Racktivity’s operation and installation manual; © has become defective or inoperative due to its integration or assembly with any equipment or products not supplied by Racktivity; (d) has been repaired, modified or otherwise altered by anyone other than Racktivity and/or has been subject to the opening of any sealed boxes without Racktivity’s prior written consent. If any warranty claim by Buyer falls within any of the foregoing exceptions, Buyer shall pay Racktivity its then current rates and charges for such services.
THE ABOVE WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. RACKTIVITY SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES; EVEN OF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
For warranty issues, contact the Product Support Department. All repair and return shipments must be approved by Racktivity and must be accompanied by a RMA (Return Merchandise Authorization) number and dated proof of purchase.