Limited System Warranty

Tierratek (vendor) hereby provides a one-year, limited, system warranty which covers manufacturing defects only. This warranty is non-transferable and is only provided to the original purchaser as identified on the invoice as the "bill to" and/or "ship to" entity (customer) and only within the United States and Canada. The warranty period begins on the date the product is shipped by vendor as stated by the "ship date" or "will call date" on the invoice. This warranty covers only the vendor branded system(s) identified on the associated invoice. External peripheral devices, such as monitors, keyboards, mice, printers, plotters, scanners, and similar devices, and all software, including the operating system, are not included in this warranty. There will be no warranty service provided without a copy of the associated invoice. Vendor assumes no responsibility for any component warranty duration stated by the component manufacturer that is longer than the system warranty. Notebook batteries are limited to a 90-day warranty.

Repair or replacement of defective parts is at vendor's and/or manufacturer's discretion. Discontinued parts may be subject to repair only. If a defective component is determined to be covered by this warranty but is not generally available, or has been discontinued by the manufacturer, and is determined by vendor to be non-repairable, an equivalent or higher-performance part may be substituted, the choice of which is at the sole discretion of vendor, to satisfy the requirements of this warranty. If required to affect warranty repairs, other necessary attendant part(s) (e.g., brackets, interface cards, etc.) may be similarly substituted during the repair process. All removed components become the sole property of vendor. Replacement systems and/or parts may be new, repaired, or refurbished.

This warranty includes vendor performed labor required to remove and replace defective components covered by this warranty. Please note that vendor does not disassemble component parts (e.g., disk drives, power supplies, etc.) and that any such labor is not provided by this warranty. Covered warranty repairs must be performed by vendor authorized personnel. There is no reimbursement for labor performed by the customer or a third-party.

Vendor telephone technical support is provided under this warranty unless customer has entered into a separate service contract with vendor in which case the support offered by the separate service contract will prevail. Telephone technical support included with this warranty is limited to that which is necessary for vendor to determine that a covered component is or is not defective and limited to the regular business hours of vendor at the time the technical support is requested.

Repair or replacement of defective, vendor-supplied parts constitutes vendor's sole liability and the customer's sole remedy in connection with any claim of any kind relating to the quality, condition, or performance of any part purchased from vendor. Vendor offers no warranty that its products are suitable for any particular purpose.

Failures resulting from shipment damage, misuse, abuse, addition of third party hardware or software, or acts of God are not covered by this or any other warranty provided by vendor. Due to continuing problems with hidden shipping damage, vendor has determined that the definition of "manufacturing defect" excludes situations where any installed adapter cards must be reseated. If the system fails to start properly, after properly connecting its monitor, keyboard, and mouse, the customer may be asked by the vendor or the vendor's third party service provider to open the chassis and reseat one or more of the installed adapter cards. Warranty service will not be provided to reseat adapter cards.

All warranty returns require pre-authorization by vendor. The customer is responsible for obtaining a Return Merchandise Authorization (RMA) number from vendor before making any return shipment. The customer is required to include the RMA number on the address label. All RMA numbers expire 10 days after issuance. If the shipment is not properly identified with the RMA number, or if the RMA number is expired, the package may be rejected. All return shipments must be pre-paid and fully insured by the customer. Customer must include proper amount of funds to cover shipment of replacement parts back to customer. Vendor will not accept COD shipments nor will vendor assume responsibility for loss or damage to an uninsured shipment. Vendor reserves the right to apply a mechanic's lien on returned products until all applicable repair charges or shipping charges are paid in full.

Any design defects and incompatibilities documented by the component manufacturer in their included or online product specification(s), errata, release notes, and/or "read-me" or similar files do NOT constitute "manufacturing defects" for the purpose of this warranty and are therefore NOT covered under this warranty. The component manufacturer should be contacted regarding such "design defects" and "incompatibilities." Vendor may or may not be involved in resolving associated problems or, potentially, affecting component replacement.

Vendor is not liable under any circumstances for any special, consequential, incidental, or exemplary damages, including but not limited to lost revenue or profit, loss of use, lost data, or for any sums paid by the customer to third parties, even if vendor has been advised of the possibility of such damages. These limitations of liability shall apply whether any claim is based on principles of contract, warranty, negligence, tort, breach of any statutory duty, principles of indemnity or contribution, the failure of any limit of exclusive remedy to achieve its essential purpose, or otherwise. Any litigation will be under the laws of the State of California, and in the County of Orange.