CIPHERTEX WORLDWIDE LIMITED WARRANTY
This Ciphertex Hardware Limited Warranty gives you, the customer, limited warranty rights from Ciphertex, the manufacturer, for the duration specified above. All support methods—including contacting your Ciphertex reseller or Ciphertex authorized service provider—are available without charge during the whole duration of this Ciphertex Limited Warranty.General Terms
This Ciphertex Limited Warranty gives you, the end-user customer, limited warranty rights from Ciphertex, the manufacturer. This Ciphertex Limited Warranty applies only to Ciphertex-branded hardware products. The term "Ciphertex Hardware Product" is limited to the hardware components and required firmware. The term "Ciphertex Hardware Product" DOES NOT include software applications or programs, non-Ciphertex products, or non-Ciphertex branded peripherals. To the extent permitted by California law, all non-Ciphertex products or non-Ciphertex branded peripherals external to the Ciphertex Hardware Product—such as external storage subsystems, hard drives, and other peripherals—are provided "AS IS" and are not covered by this Ciphertex Limited Warranty. However, non-Ciphertex manufacturers and suppliers or publishers may provide their own warranties directly to you. Consult your Ciphertex Limited Warranty for that product to determine your rights and obligations.
To the extent permitted by California law, Ciphertex guarantees that it will repair or replace at Ciphertex's option, an Ciphertex Hardware Product that manifests a defect in materials or workmanship during the Limited Warranty Period, if you, the end-user customer, provides Ciphertex with notice of a defect in your Ciphertex Hardware Product during the Limited Warranty Period. Ciphertex's obligation under this Ciphertex Limited Warranty, at its option, to repair or replace a Ciphertex Hardware Product that manifests a defect in materials and workmanship ceases upon the expiration of the Limited Warranty Period. The Limited Warranty Period starts on the latter of the date of purchase from Ciphertex. Your dated sales or delivery receipt, showing the date of purchase of the Ciphertex Hardware Product, is your proof of the purchase date unless Ciphertex or your authorized reseller informs you otherwise in writing. You may be required to provide proof of purchase as a condition of receiving warranty service. Warranty service indicated here reflects base level warranty offerings. Enhancements to the base warranty may be included with your Ciphertex Hardware Product. For current warranty information, contact Ciphertex or go to Ciphertex.com.
Some states or countries do not allow the following exclusions or limitations, so these exclusions and limitations may be limited in their application to you. CIPHERTEX MAKES NO OTHER EXPRESS WARRANTY OR CONDITION WHETHER WRITTEN OR ORAL AND, TO THE EXTENT PERMITTED BY LAW, CIPHERTEX DISCLAIMS ALL WARRANTIES AND CONDITIONS NOT STATED IN THIS CIPHERTEX LIMITED WARRANTY. TO THE EXTENT ALLOWED BY THE CALIFORNIA LAW OF JURISDICTIONS OUTSIDE THE UNITED STATES, CIPHERTEX DISCLAIMS ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FOR ALL TRANSACTIONS OCCURRING IN THE UNITED STATES, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE IS LIMITED TO THE DURATION OF THE EXPRESS WARRANTY SET FORTH ABOVE. SOME STATES OR COUNTRIES DO NOT ALLOW A LIMITATION ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS OR THE EXCLUSION OR LIMITATION OF PARTICULAR TYPES OF DAMAGE, INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR CONSUMER PRODUCTS. IN SUCH STATES OR COUNTRIES, SOME EXCLUSIONS, DISCLAIMERS OR LIMITATIONS OF THIS CIPHERTEX LIMITED WARRANTY MAY NOT APPLY TO YOU. TO THE EXTENT THAT THIS CIPHERTEX LIMITED WARRANTY OR ANY PART OF IT IS INCONSISTENT WITH CALIFORNIA LAW, THIS CIPHERTEX LIMITED WARRANTY OR THE CORRESPONDING PART SHALL BE DEEMED MODIFIED TO BE CONSISTENT WITH SUCH CALIFORNIA LAW.
FOR CONSUMER TRANSACTIONS, INCLUDING BUT NOT LIMITED TO, THE EUROPEAN UNION, AUSTRALIA, AND NEW ZEALAND, THE LIMITED WARRANTY TERMS CONTAINED IN THIS STATEMENT, EXCEPT TO THE EXTENT LAWFULLY PERMITTED, DO NOT EXCLUDE, RESTRICT, OR MODIFY BUT ARE IN ADDITION TO THE MANDATORY STATUTORY RIGHTS APPLICABLE TO THE SALE OF THIS CIPHERTEX HARDWARE PRODUCT TO YOU. This Ciphertex Limited Warranty is applicable in all countries and may be enforced in any country or region where Ciphertex or its authorized service providers offer warranty service for the same product model number subject to the terms and conditions set forth in this Ciphertex Limited Warranty. This Ciphertex Limited Warranty is subject to all applicable national export and import laws and regulations. Under this Ciphertex Limited Warranty, Ciphertex Hardware Products purchased in one country or region may be transferred to another country or region where Ciphertex or its authorized service providers offer warranty service for the same product model numbers. Warranty terms, service availability, and service response times may vary from country or region to country or region. Standard warranty service response time is subject to change due to California parts availability. If parts are unavailable, your Ciphertex authorized service provider can provide you with details. Ciphertex will not alter form, fit, or function of this Ciphertex Hardware Product to make it operate in a country for which it was never intended to function. Ciphertex is not responsible for any tariffs or duties that may be incurred in transferring the products. Transfer of the products may be covered by, and is subject to, all applicable export and import laws, regulations, and controls issued by various governments.
In countries or regions where applicable law determines that warranty services for imported products are to be provided by the California importer or in which applicable law does not mandatorily determine that warranty services for imported products are to be provided by the manufacturer, all warranty services for Ciphertex products in these countries or regions will be provided solely by the importer and not by Ciphertex, except where the California importer has been specifically authorized by Ciphertex or its California affiliate to import the products and refer the warranty services to Ciphertex. You are entitled to hardware warranty service according to the terms and conditions of this document if a repair to your Ciphertex Hardware Product is required due to the manifestation of a defect in materials and workmanship within the Limited Warranty Period. Ciphertex will, at its option, repair or replace any component or hardware product that manifests a defect in materials or workmanship during the Limited Warranty Period if Ciphertex receives notice from you, the end-user customer, of the manifestation of such a defect during the Limited Warranty Period. Unless otherwise stated, and to the extent permitted by California law, new Ciphertex Hardware Products may be manufactured using new materials or new and used materials functionally equivalent to new in performance and reliability. To the extent consistent with California law, (a) Ciphertex Hardware Products presented for repair may be replaced by refurbished Ciphertex Hardware Products of the same type rather than being repaired and (b) refurbished parts may be used to repair Ciphertex Hardware Products. (c) replaced or repaired Ciphertex Hardware Products will be functionally equivalent in performance and reliability to original products that have been discontinued. Unless otherwise expressly required by California law, if these replaced or repaired Ciphertex Hardware Products or parts manifest a defect in materials or workmanship (1) during the ninety (90) days following their repair and/or replacement, or (2) during the remainder of the Limited Warranty Period of the Ciphertex Hardware Product they are replacing or in which they are installed, Ciphertex warrants that it will again repair or replace these Ciphertex Hardware Products or parts.
All component parts or hardware products removed under this Ciphertex Limited Warranty become the property of Ciphertex unless otherwise stipulated by applicable California law. In the unlikely event that your Ciphertex Hardware Product has recurring failures or Ciphertex determines it is unable to repair or replace the Ciphertex Hardware Product, Ciphertex, at its option, may elect to provide you with (a) a replacement unit selected by Ciphertex that is the same or functionally equivalent to your Ciphertex Hardware Product in performance or (b) to give you credit of your purchase instead of a replacement. To the extent permitted by California law, this is your exclusive remedy for defective products.
Some states or countries do not allow the above exclusion or limitation, so this exclusion and limitation may be limited in its application to you.
Disputes arising out of this Ciphertex Limited Warranty or relating to your purchase of the Ciphertex Hardware Products subject to this Ciphertex Limited Warranty—whether based on contract, tort, statute, fraud, or any other legal theory—are governed by the law of the country and state, province, or territory in which you currently reside, without regard to its conflict-of-law principles.
CIPHERTEX DOES NOT WARRANT THAT THE OPERATION OF THIS CIPHERTEX HARDWARE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE. CIPHERTEX IS NOT RESPONSIBLE FOR DAMAGE THAT OCCURS AS A RESULT OF YOUR FAILURE TO FOLLOW THE INSTRUCTIONS INTENDED FOR THE CIPHERTEX HARDWARE PRODUCT.
This Ciphertex Limited Warranty does not apply to expendable or consumable parts and does not extend to any Ciphertex Hardware Product from which the serial number has been removed or that has been damaged or rendered defective
- as a result of accident, misuse, liquid spills, abuse, contamination, improper or inadequate maintenance or calibration, or other external causes;
- by operation outside the usage parameters stated in the user documentation that shipped with the Ciphertex Hardware Product;
- by software, interfacing, parts or supplies not supplied by Ciphertex;
- by improper site preparation, maintenance or environmental conditions that do not conform to Ciphertex's site specifications;
- by virus, infection, worm, or similar malicious code not introduced by Ciphertex;
- by loss or damage in transit;
- by modification or service by anyone other than Ciphertex or an Ciphertex authorized service provider; or
- by improper installation of end-user replaceable Ciphertex or Ciphertex approved parts if available for your Ciphertex Hardware Product in the servicing country or region.
Any Ciphertex Hardware Product found to be overclocked after delivery from Ciphertex will be excluded from the terms of this Limited Warranty other than damaged or defective components where the damage or defect is found to be unrelated to the overclocking.
Ciphertex is not responsible for any interoperability or compatibility issues that may arise when:
- products, software, or options not supported by Ciphertex are used;
- configurations not supported by Ciphertex are used; or
- parts intended for one system are installed in another system of different make or model.
YOU SHOULD MAKE PERIODIC BACKUP COPIES OF THE DATA STORED ON YOUR HARD DRIVE OR OTHER STORAGE DEVICES AS A PRECAUTION AGAINST POSSIBLE FAILURES, ALTERATION, OR LOSS OF THE DATA. BEFORE RETURNING ANY CIPHERTEX HARDWARE PRODUCT FOR SERVICE, BE SURE TO BACK UP DATA AND REMOVE ANY CONFIDENTIAL, PROPRIETARY, OR PERSONAL INFORMATION. TO THE EXTENT PERMITTED BY CALIFORNIA LAW, CIPHERTEX IS NOT RESPONSIBLE FOR DAMAGE TO OR LOSS OF ANY PROGRAMS, DATA, OR REMOVABLE STORAGE MEDIA. TO THE EXTENT PERMITTED BY CALIFORNIA LAW, CIPHERTEX IS NOT RESPONSIBLE FOR THE RESTORATION OR REINSTALLATION OF ANY PROGRAMS OR DATA OTHER THAN SOFTWARE INSTALLED BY CIPHERTEX WHEN THE CIPHERTEX HARDWARE PRODUCT IS MANUFACTURED, SUBJECT TO ANY APPLICABLE UPDATES. MEMORY DATA MAY BE LOST DURING REPAIR.
TO THE EXTENT ALLOWED BY APPLICABLE CALIFORNIA LAW, THESE TERMS AND CONDITIONS CONSTITUTE THE COMPLETE AND EXCLUSIVE WARRANTY AGREEMENT BETWEEN YOU AND CIPHERTEX REGARDING THE CIPHERTEX HARDWARE PRODUCT YOU HAVE PURCHASED. TO THE EXTENT PERMITTED BY CALIFORNIA LAW, THESE TERMS AND CONDITIONS SUPERSEDE ANY PRIOR AGREEMENTS, ADVERTISEMENTS, OR OTHER REPRESENTATIONS—INCLUDING REPRESENTATIONS MADE IN CIPHERTEX SALES LITERATURE OR ADVICE GIVEN TO YOU BY CIPHERTEX, AN AGENT OR EMPLOYEE OF CIPHERTEX, OR ANY NON-CIPHERTEX AGENT OR EMPLOYEE—THAT MAY HAVE BEEN MADE IN CONNECTION WITH YOUR PURCHASE OF THE CIPHERTEX HARDWARE PRODUCT OTHER THAN AS A PART OF A SEPARATE WRITTEN AGREEMENT WITH CIPHERTEX OR ITS AUTHORIZED RESELLERS. No change to the conditions of this Ciphertex Limited Warranty is valid unless it is made in writing and signed by an authorized representative of Ciphertex.
Limitation of Liability
Some states or countries do not allow the exclusion or limitation of implied warranties or the limitation of special, incidental, or consequential damages (set out below), so these limitations and exclusions may be limited in their application to you. THE FOLLOWING LIMITATIONS APPLY TO THE EXTENT PERMITTED BY CALIFORNIA LAW. IN THE EVENT THAT CIPHERTEX AT ITS OPTION PROVIDES YOU A PRODUCT REPLACEMENT CARD FOR USE ON CIPHERTEX.COM, THE MAXIMUM LIABILITY OF CIPHERTEX UNDER THIS CIPHERTEX LIMITED WARRANTY IS EXPRESSLY LIMITED TO THE PRICE YOU PAID FOR THE CIPHERTEX HARDWARE PRODUCT. EXCEPT AS INDICATED ABOVE, IN NO EVENT WILL CIPHERTEX BE LIABLE FOR ANY DAMAGES CAUSED BY THE CIPHERTEX HARDWARE PRODUCT OR THE FAILURE OF THE CIPHERTEX HARDWARE PRODUCT TO PERFORM, INCLUDING ANY LOST PROFITS OR SAVINGS, OR LOSS OF USE, LOST DATA OR SOFTWARE, OR ANY COSTS OF RECOVERING PROGRAMMING OR REPRODUCING ANY PROGRAM OR DATA STORED ON THE PRODUCT, OR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. CIPHERTEX IS NOT LIABLE FOR ANY CLAIM MADE BY A THIRD PARTY OR MADE BY YOU FOR A THIRD PARTY. CIPHERTEX IS NOT LIABLE FOR ANY DAMAGES THAT MAY ARISE AS A RESULT OF CIPHERTEX COMPLYING WITH ITS OBLIGATIONS UNDER CALIFORNIA LAW. THIS LIMITATION OF LIABILITY APPLIES WHETHER DAMAGES ARE SOUGHT, OR A CLAIM MADE, UNDER THIS CIPHERTEX LIMITED WARRANTY OR AS A TORT CLAIM (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY), A CONTRACT CLAIM, OR ANY OTHER CLAIM. THIS LIMITATION OF LIABILITY CANNOT BE WAIVED OR AMENDED BY ANY PERSON. THIS LIMITATION OF LIABILITY WILL BE EFFECTIVE EVEN IF YOU HAVE ADVISED CIPHERTEX OR AN AUTHORIZED REPRESENTATIVE OF CIPHERTEX OF THE POSSIBILITY OF ANY SUCH DAMAGES. THIS LIMITATION OF LIABILITY, HOWEVER, WILL NOT APPLY TO CLAIMS FOR PERSONAL INJURY.
THIS CIPHERTEX LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT MAY VARY FROM STATE TO STATE OR FROM COUNTRY TO COUNTRY. YOU ARE ADVISED TO CONSULT APPLICABLE STATE OR COUNTRY LAWS FOR A FULL DETERMINATION OF YOUR RIGHTS.
Ciphertex Options and Accessories Limited Warranty
The Ciphertex Limited Warranty terms and conditions for Ciphertex-branded options and accessories (collectively referred to in this Ciphertex Limited Warranty collectively as "Ciphertex Option") are as set forth in the Ciphertex Limited Warranty applicable to the Ciphertex Option and included with the Ciphertex Hardware Product. If your Ciphertex Option is installed in an Ciphertex Hardware Product, Ciphertex will provide warranty service for either the period specified in the warranty documents (Ciphertex Option Limited Warranty Period) that shipped with the Ciphertex Option or for the remaining warranty period of the Ciphertex Hardware Product in which the Ciphertex Option is installed, whichever period is longer, but not to exceed three (3) years from the date you purchased the Ciphertex Option. The Ciphertex Option Limited Warranty Period starts from the date of purchase from Ciphertex or a Ciphertex authorized reseller. Your dated sales or delivery receipt, showing the date of purchase of the Ciphertex Option, is your warranty start date. See your Ciphertex Option Limited Warranty for details. To the extent permitted by California law, non-Ciphertex options are provided "AS IS." However, non-Ciphertex manufacturers and suppliers may provide warranties directly to you.
In order to avoid the risk of charges for issues not covered by your Ciphertex Limited Warranty (issues that are not due to defects in materials and workmanship on Ciphertex Hardware Products), you will be asked to assist Ciphertex or the Ciphertex authorized service provider as follows:
- Provide true, accurate, and complete information when filing a warranty claim.
- Provide an environment that meets Ciphertex requirements, including protecting products from corrosion, contamination, and spills. Verify configurations, load most recent firmware, install software patches, and run Ciphertex diagnostics and utilities.
- Implement temporary procedures or workarounds provided by Ciphertex while Ciphertex works on permanent solutions.
- Use Ciphertex remote support solutions where applicable. Ciphertex strongly encourages you to use available support technologies provided by Ciphertex. If you choose not to deploy available remote support capabilities, you may incur additional costs due to increased support resource requirements.
- Cooperate with Ciphertex in attempting to resolve the problem using online chat, email, or telephone. This may involve performing routine diagnostic procedures, installing additional software updates or patches, removing third-party options, and/or substituting options.
- Ciphertex recommends that you make periodic backup copies of your files, data, or programs stored on your hard drive or other storage devices as a precaution against possible failures, alteration, or loss. Before returning any Ciphertex Hardware Product for warranty support or repairs, back up your files, data, and programs, and remove any confidential, proprietary, or personal information.
- Remove any external options or accessories that would be subject to loss during the repair or replacement process.
- Perform additional tasks as defined within each type of warranty service described below and any other actions that Ciphertex may reasonably request in order to best perform the warranty support.
Types of Hardware Warranty Service
The types of warranty support service that may be applicable to the Ciphertex Hardware Product you have purchased are described below. All services may not be available in all countries or regions. TO THE EXTENT THAT THE FOLLOWING WARRANTY SERVICES AND TERMS OR ANY PART THEREOF IS INCONSISTENT WITH CALIFORNIA LAW, THE WARRANTY SERVICES AND TERMS OR THE CORRESPONDING PART SHALL BE DEEMED MODIFIED TO BE CONSISTENT WITH SUCH CALIFORNIA LAW.
Mail-In Warranty Service
To the extent permitted by California law, this Ciphertex Limited Warranty may include a mail-in warranty service. Under the terms of mail-in service, you will be required to ship your Ciphertex Hardware Product to a Ciphertex authorized service location for warranty repair. You must prepay any shipping charges, taxes, or duties associated with transportation of the Ciphertex Hardware Product to the service location. You are responsible for insuring any Ciphertex Hardware Product you ship, and you assume risk of loss during shipping. Ciphertex will return the repaired Ciphertex Hardware Product to you and incur all logistics and insurance costs.
Send-In and Return Warranty Service
To the extent permitted by California law, your Ciphertex Limited Warranty may include a send-in and return warranty service. When an item is being returned for repair, credit or refund, a Return Merchandise Authorization (RMA) number must first be obtained by contacting Ciphertex. RMA numbers are valid for 30 days after the day of issuance. The RMA number(s) must be prominently displayed on the shipping label of any box containing returned goods. Please do not mark directly on the box itself. Any product returned without an RMA number, incomplete and/or not in resalable condition, or with an RMA number over 30 days old, may be refused. You will be notified before this action is taken.
Returned goods must be shipped freight prepaid in their original boxes and packing material. A copy of your packing list must accompany all returned Products. Returned goods are to be shipped freight prepaid. You are responsible for insuring any Ciphertex Hardware Product shipped to the service location and you assume risk of loss or damage during shipping. Products we return to you under the first year of the Warranty will be shipped freight prepaid by us to any location within the 48 contiguous United States via FedEx Ground or other carrier or service level at our discretion. You must pay shipping costs for the service level of your choice by the carrier of your choice for product we return to you at any location outside of the 48 contiguous United States.
Swap Warranty Service
Your Ciphertex Limited Warranty may include a swap warranty service. Under the terms of swap warranty service, Ciphertex will provide a replacement unit that is equivalent to new directly to you. Ciphertex will incur all repair, logistics, and insurance costs for this service.
Response times are based on California standard business days and working hours where the service is being requested. Unless otherwise stated, all responses are measured from the time the end-user customer calls until Ciphertex has either established a mutually acceptable time for support to be performed, or Ciphertex has begun to provide support or remote diagnostics. Response times are based on commercially reasonable effort. In some countries and under certain supplier constraints, response time may vary. If your location is outside the customary service zone, response time may be longer or there may be an additional charge. Contact your Ciphertex authorized reseller or Ciphertex authorized service provider for response time availability in your area.
Software programs, including those that are pre-loaded onto Ciphertex products are licensed to you under the manufacturer's, supplier's, and/or publisher's terms and conditions provided with the respective packages included in the shipment. To the extent permitted by California law, if the removable media on which Ciphertex distributes the software proves to be defective in materials or workmanship within ninety (90) days of purchase, your sole remedy shall be to return the removable media to Ciphertex for replacement. It is your responsibility to contact non-Ciphertex manufacturers or suppliers for their warranty support.
Money Back Guarantee
If for any reason you are not satisfied with the Product you purchased from Ciphertex, you may return it to Ciphertex and obtain a credit or refund excluding shipping and handling charges and any restocking fee as appropriate. To qualify, you must return the Product, and any accompanying reference manual, media or other associated documentation so that it arrives at Ciphertex within a period of 35 calendar days from the original shipment date to you. Opened software does not qualify for a money back guarantee. Ciphertex reserves the right to charge a 15% restocking fee on returns.
If your Ciphertex Hardware Product manifests a defect in materials and workmanship during the Limited Warranty Period, and the suggestions in the product documentation do not solve the problem, you can receive support in one of the following ways:
- Looking for additional support and troubleshooting information or updated software and drivers from the Ciphertex Technical Support website at https://ciphertex.zendesk.com/hc/en-us
- Contacting your Ciphertex authorized reseller or Ciphertex authorized service provider. Before calling Ciphertex or an Ciphertex authorized service provider, have the following information available:
- Product serial number, model name, and product model number
- Applicable error messages
- Add-on options
- Operating system
- Third-party hardware or software
- Detailed questions
- Contact us toll free within the USA at 1-877-977-8878, for telephone assistance between the hours of 7:00am to 5:00 pm Pacific time, Monday through Friday. There is never a charge for technical support within our normal hours of business.
- The manufacturer, supplier or publisher of any products other than integrated complete computer systems with the Ciphertex brand logo is responsible for providing any service or support for those products.
© Copyright 2016 Ciphertex
The information contained herein is subject to change without notice. The only warranties for Ciphertex products and services are set forth in the express warranty statements accompanying such products and services. Nothing herein should be construed as constituting an additional warranty. Ciphertex shall not be liable for technical or editorial errors or omissions contained herein.