Standard Warranty Policy of H3C Products

28-12-2006
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Definition: “Starting Date” as used in this warranty policy means (i) the date this product is delivered from the manufacturing site of Hangzhou H3C Technologies Co., Ltd. (“H3C”), or (ii) in the case of resale by an authorized reseller of H3C, the date is not more than ninety (90) days since original delivery date of this product by H3C.

I. Warranty

H3C warrants for software and hardware for a period of certain days from the Starting Date.

1. The warranty period of software is ninety (90) days. If the software does not comply with the functional standards mentioned in the product instructions, or the software media incurs problems in material and workmanship under normal authorized use consistent with the product instructions within the warranty period, H3C will replace the media or repair the defects for free. For the defects, H3C has the discretion to decide repair with software patches, replacement with upgraded software or refund of the software.

2. The warranty period of hardware is one (1) year. If the hardware incurs problems in material and workmanship under normal authorized use consistent with the product instructions within the warranty period, H3C will provide return-to-factory repair after receiving an application, with a thirty (30) days turnaround from the date of receipt of the product at a H3C Repair Center. H3C, at its sole discretion, will either repair or replace the failure hardware. The replacement hardware may be new or refurbished equipment of the same type, function and quality. The failure hardware which has been replaced belongs to H3C. H3C will use commercially reasonable efforts to ship the replacement hardware within thirty (30) days after receipt of the product at a H3C Repair Center. Actual delivery times may vary depending on the customer location.

The warranty period of product will not be influenced due to resale or repair. But the warranty period for the replacement or the repaired unit is three months or the remainder of the initial warranty period both starting from the delivery of the replacement or the repaired unit by H3C, whichever is longer.

3. Dead On Arrival (DOA). Within thirty (30) days from the Starting Date, H3C will provide expedited replacement of hardware that has no appearance damage upon unpacking but fails to operate within forty-eight (48) hours of initial installation. ”Fail to operate” shall mean a material failure to substantially perform in accordance with the hardware’s technical specifications (excluding exterior nick or other deficiencies that do not materially affect hardware performance). H3C will deliver a new replacement unit within two (2) business days of H3C' receipt and confirmation of the customer's report of such DOA. Defective hardware must be returned within fifteen (15) business days once receiving the replacemnet, otherwise the customer shall pay purchase price of replacement hardware. Customers outside of Chinese Mainland (including Hong Kong and Chinese ) should allow for additional transit time due to transportation reasons.

4. Hardware return procedure. Any defective item has to be returned by referring to a return material authorization (RMA) number issued by H3C. To request an RMA number, the customer can contact H3C Technical Support Center via telephone or other online resource available at the URL: http://rma.h3c.com/. The Technical Support Center will initiate online RMA request but will not provide any troubleshooting, configuration or installation assistance unless the customer has purchased a H3C service package that includes remote technical support. The RMA number must be displayed on the outside packing of the returned item. Transportation charge, if any, incurred in connection with the return of a defective item to H3C shall be borne by the customer. H3C shall pay any transportation charge incurred with the redelivery of a repaired or replacement item. If, however, H3C reasonably determines that the item can function, the customer shall pay any transportation charge. If H3C determines, at its sole discretion, that the allegedly defective item is not covered by the terms of the warranty provided hereunder or that a warranty claim is made after the warranty period, the cost of repair by H3C, including all shipping fees, shall be paid by the customer.

II. Limitation of Liability

(i) No warranty will apply if the hardware or software (a) has been repaired or replaced, without H3C’s permission; (b) has not been installed or operated in accordance with instructions released by H3C in the enclosed documentation; or (c) has been subject to unreasonable physical impact, fire, lightning, flood, misuse, or disaster.

(ii) H3C will not provide guarantee for customer data stored in the product or related to the product by other means. The customer is solely responsible for backing up related data to avoid loss.

(iii) H3C warranty does not include installation support.

(iv) No warranty will cover accessories and consumables, such as manuals, power cords, cables and relay interface transfer box.

(v) H3C warranty only covers H3C own brand products. The independent interface devices of Voice&Video Products, such as microphone and camera,etc, will be covered by the warranty of original providers.

III. Disclaimer

(i) Except as expressly set forth hereby, H3C makes no warranty that is expressed implicitly or explicitly, including but not limited to warranties of merchantability, adaptability for a particular purpose, and warranties or obligations arising from a course of dealing, usage or trade practice.

(ii) H3C does not warrant that the software is error free or that the customer will be able to operate the software without problems or interruption.

IV. Compensation

In no event will H3C or its affiliates or suppliers be liable for data loss of the customer due to product failure or service interruption as well as consequential direct or indirect economic loss. The total compensation amount of H3C for the customer loss due to its liability, in any cases including those expressly stipulated in a contract, will not exceed the purchase price of the product paid by the customer.

H3C reserves the right of interpreting this warranty. H3C has the discretion to change any warranties, product performance and specifications without notice.

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