Imperium Data Networks Warranty

This warranty for Imperium Data Networks, henceforth referred to as (“IDN”), is effective as of July 1st, 2018 and applies to pre-owned and refurbished original equipment manufacturer (“OEM”) branded equipment, OEM branded equipment acquired outside of authorized resale channels (i.e. “unused in box”, “new in box” or “out of channel” equipment) and new IDN branded equipment (collectively, the “Equipment”). This warranty is nontransferable and only valid for the original purchaser of the Equipment (“Buyer”).

IDN warrants that the Equipment sold to Buyer will be free from defects in material and workmanship for the lifetime of such Equipment unless otherwise specified on the Buyer’s Sales Proposal, and provided that the Equipment is properly used and maintained during its lifetime.

The lifetime warranty for certain Equipment shall be limited. All complex server products (excluding hard drives and solid-state drives) will carry a lifetime warranty but only for so long as the original configuration is maintained on the Equipment. Any changes to the original configuration will invalidate the warranty. The warranty period for pre-owned hard drives and solid-state drives and other pre-owned storage products (including storage systems, controllers, shelves, tape drives and libraries), headend equipment (including but not limited to cable modems, satellite receivers, set top boxes, and remotes), FTTX Equipment (including but not limited to Optical Network Terminals, PON cards, Chassis, and management cards) will be one year from the date of shipment.

The warranty period for IDN-branded solid-state drives shall expire upon the earlier of: (a) three years from the date of shipment or (b) the point at which the use of the drive exceeds the stated endurance limit as set forth in the applicable product specifications.

During the warranty period, IDN will, at its discretion, either repair/replace defective Equipment with a properly functioning unit (“Replacement Equipment”) or issue a credit to Buyer for the purchase price paid by Buyer for the defective Equipment. IDN reserves the right to replace defective Equipment with the same product or an upgraded product with similar functionality. Buyer may open a warranty claim by contacting the IDN Sales Rep directly or through the RMA Request portal at ImperiumDataNetworks.com.

Buyer must ship the defective Equipment back to IDN unless otherwise agreed upon by both parties. Buyer must do so within twenty-five days of receipt of Replacement Equipment or refund, whichever is applicable. If Buyer fails to return the defective Equipment, and if IDN issued Buyer a credit for the defective Equipment, IDN may cancel the credit. If Buyer fails to return the defective Equipment, and if IDN sent Replacement Equipment, Buyer shall be liable for the cost of such Replacement Equipment and IDN shall invoice Buyer accordingly.

IDN shall cover the costs of shipping the defective Equipment back to IDN. Buyer must obtain a valid return authorization number from IDN prior to returning defective Equipment. In addition, Buyer must ship the defective Equipment using IDN’s account with its preferred carrier. If Buyer ships such defective Equipment per a different account or with a different carrier, IDN will not be liable for shipping costs.

If Buyer returns Equipment claiming that it was defective, but it is determined not to have been defective, Buyer shall be liable for all shipping costs associated with such improper return. In addition, if IDN issued Buyer a credit for such improperly returned Equipment, IDN may cancel the credit and if IDN sent Replacement Equipment for such improperly returned Equipment, Buyer shall be liable for the cost of such Replacement Equipment and IDN shall invoice Buyer accordingly.

Replacement Equipment will be shipped using IDN’s preferred carrier, freight prepaid by IDN. IDN shall also cover the cost of any import duties, taxes, or other similar fees, arising in connection with the shipment of such Equipment, except for any such duties, taxes or fees arising as a result of shipments to or from India, China, Russia, Central America, South America, Philippines, South Korea, Thailand, or Saudi Arabia, which shall be Buyer’s responsibility.

This warranty does not apply to any failure of the Equipment due to misuse, abuse, accident, neglect, mishandling, lack of proper maintenance, environmental factors, improper installation or configuration, flood, fire or other natural disasters, physical damage, electrical issues such as lightning, power surges or incorrect electrical voltages, or improper modifications.

This warranty does not apply to any new OEM branded equipment for which IDN is an authorized reseller. Warranties for such equipment are provided solely by the manufacturer of the equipment. IDN expressly disclaims any and all express or implied warranties with respect to any such equipment, including but not limited to, the implied warranties of merchantability or fitness for a particular purpose. To the extent it is authorized to do so, IDN will pass through to the Buyer any transferable warranties. IDN’s sole responsibility with respect to any such warranties is to provide Buyer with reasonable assistance in its efforts to have the manufacturer honor the warranties.

Except as set forth above, or as otherwise agreed to by IDN in writing, IDN disclaims all warranties, express or implied, statutory, or otherwise, regarding the equipment, including but not limited to any implied warranties and conditions of merchantability, fitness for a particular purpose, performance, suitability, or non-infringement.
The remedy of replacement or refund, as determined in IDN’s sole discretion, will be the exclusive and sole remedy of the buyer with respect to any claims based on the equipment. In no event shall IDN be liable for any special, incidental, contingent, punitive, or consequential damages of any kind, or any damage or loss of other property or goods, loss of profits or revenue, loss of use or loss of data.

The lifetime warranty coverage set forth above terminates upon the sale or transfer of the equipment by buyer to another party.