eRacks Warranty
eRacks warrants hardware products to be free from defects in materials and
workmanship for a period of 90 days from the date of invoice.
eRacks will repair or replace defective individual components as needed within the
warranty period. The customer is responsible for insured shipping to eRacks.
This warranty is not transferrable. Damages incurred in shipping the products are not included in this warranty, this is
the responsibility of the shipping carrier. eRacks ships all its products insured to
their full value.
Service and Support
eRacks is committed to providing the highest quality technical support.
eRacks supports the configuration of the system as purchased.
Support may not include re-installation of the operating system or the installation
and configuration of hardware not purchased from eRacks.
eRacks does not offer support for dual boot systems or for the integration of our
servers with other systems. eRacks has no obligation to provide service or
support until it has received payment in full for the product for which the support
is requested.
Software
eRacks systems include software that is licensed free of charge, or is licensed by the
customer directly from the manufacturer. As no licensing fee is passed on by eRacks to the
customer, eRacks makes no claims or warranties, either express or implied, of any kind,
including but not limited to the implied warranties of merchantability and fitness for a
particular purpose, to the extent permitted by law. Customer assumes entire risk as to the
quality and performance of the software. eRacks is not liable for any damages including,
but not limited to, loss or corruption of data.
Exclusions
eRacks does not warrant damage due to external causes including, but not limited to,
accident, abuse, misuse, problems with electrical power, failure to maintain environmental
conditions within operating range specified by manufacturer, relocations or attempts to
relocate systems, servicing not authorized by eRacks, usage not in accordance
with product instructions, failure to perform required preventive maintenance, and
problems caused by use of parts and components not supplied by eRacks.
eRacks hardware products are not warrantied, implied or otherwise, as to their
merchantability or fitness for a specific purpose.
External accessories and devices not directly manufactured by eRacks (such as monitors,
uninterruptible power supplies, tape drives, speakers and rack enclosures) are warranted
directly by the individual manufacturer.
Any sign that the serial number has been altered or tampered with voids this warranty.
Adding or changing components without concurrence of eRacks technical support
voids this warranty.
Delivery
All products delivered pursuant to this agreement shall be shipped FOB origin to
the customer address given. Title of equipment passes to
customer upon shipment.
Return Policy
Demo models are sold with a 90 day warranty, and are not returnable.
eRacks' RESPONSIBILITY FOR DEFECTS IN MATERIALS AND WORKMANSHIP IS LIMITED TO REPAIR AS SET FORTH IN THE WARRANTY. This warranty supercedes all other warranties,
express or implied.
Limitation of Liability
eRacks DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SETFORTH HEREIN,
INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR
LOST OR CORRUPTED DATA. eRacks IS NOT LIABLE FOR LOST PROFITS, LOST BUSINESS, OR
OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES. UNDER NO CIRCUMSTANCES IS
eRacks LIABLE FOR ANY THIRD-PARTY CLAIMS AGAINST THE CUSTOMER.
Customer Obligations
Customer agrees to comply with all applicable state and federal laws and regulations.
Products are subject to United States export laws and may be subject to export and import
laws of other countries. Customer will strictly comply with such laws. Customer warrants to
be the end user. Separate terms and conditions apply to reseller/OEM agreements.
Governing Law
This agreement and any order issued hereunder shall be governed by the laws of the
State of California. The application of the United Nations Convention on Contracts for
International Sale of Goods is expressly excluded. The parties hereby agree and consent
that any dispute relating to the products sold hereunder shall be subject to exclusive
jurisdiction and venue of the United States District Court for the Southern District of
California, and the Superior and Municipal Courts of the State of California, Orange County.