Payment Terms
Full payment may be rendered to eRacks by credit card, check in advance, wire transfer, COD cashier's check, or other negotiable methods, as determined by eRacks. If paid by credit card, charges for your order will appear on your credit card statement as a charge from eRacks Open Source Systems or its parent company, Silver Wolf, Incorporated. Depending on the shipping method chosen, direct shipping charges may appear on your credit card statement from DHL, UPS, or Federal Express, separately from your order charge.
In addition, credit review and approval by eRacks may result in Net 10 payment terms (Net 10 calendar days from date of invoice), or COD company check. eRacks reserves sole discretion to place the customer on credit hold, in which event eRacks shall promptly notify the customer and may delay shipment.

Delivery
All products delivered pursuant to this agreement shall be shipped FOB origin to the customer ShipTo address set forth on the order form. Title of equipment passes to customer upon shipment.

Time to ship
Our target time-to-ship for standard models is 3-5 business days, although special-order and backorder/allocation of components may cause time-to-ship to be up to 10 business days. Custom-configured systems and systems requiring interoperability qualification or post-installation consulting may take longer to complete and test.

Restocking Fees
Canceled orders and orders returned within thirty days of invoice are subject to a 20% restocking fee. The customer is responsible for the return shipping charges.

Products
Due to continuing technological advancements and fluctuations in supplier availability, eRacks reserves the right to alter product offerings at any time. eRacks shall put forth our best efforts in adhering to customer specifications, but conforming goods may be used to ensure quality and performance.

Return Policy
This policy applies to products shipped within the United States only. If not completely satisfied with eRacks products, customer may return them to eRacks within 30 days of invoice for a refund of the purchase price, less shipping and handling costs and a 20% restocking fee. Customer must ship products back to eRacks in original packaging and condition, and prepay shipping charges. Customer assumes the risk for loss or damage during shipment. Customer is advised to insure the return shipment with the carrier.

RMA and Hardware Support Policy:
Our support technicians will help you evaluate your problem and issue RMA numbers for any returns. Email support@eracks.com with any system problems. Any component or system returned to eRacks must have a valid RMA number noted on the outside of the package, or the package will be returned.
1. Hard Drive failures: The customer may choose to remove the hard drive from the system and return the hard drive to eRacks, or for more expedience, directly to the manufacturer. eRacks will cross-ship a hard drive with a credit card guarantee.
2. CPU Cooler failure: eRacks will mail a replacement fan via overnight mail, and the defective fan with the RMA number noted on it, shall be returned to eRacks, via ground mail.
3. Faulty Floppy Disk Drive or CDROM: eRacks will cross-ship a replacement component with a credit card guarantee.
4. Operating System install/re-install: eRacks will install, configure and test your system with your choice of operating system. eRacks' warranty is only valid with your original configuration. Any configuration issues, hardware incompatibilities, or other issues as the result of the customer's installation, re-installation, or re-building of an operating system are not covered by the warranty. Machines ordered with no operating system specified will be tested with a generic Linux install and any issues arising as a result of the customer's operating system installation are the customer's responsibility.
5. Any other problems: The customer shall obtain a valid RMA number and return the entire system to eRacks for repair, with the RMA number clearly indicated on the outside of the box.

eRacks may, at its discretion, identify products that are not returnable.

Service and Support
eRacks is committed to providing the highest quality customer and technical support. Standard technical support is available for one (1) year from the invoice date. The number of technical support incidents with the standard support package is limited to five (5) for each system purchased. 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.

Environmental considerations
Every effort is made to ensure your system functions flawlessly under normal operating conditions. Abnormal or nonstandard operating conditions, such as high-temperature or high-humidity environments, operating in the sun, radiant or contact heat from other nearby objects, or excessively high CPU utilization under constant conditions, may occasionally cause heat or stress-related issues.

eRacks Warranty

All warranties are non-transferrable. The warranty period begins on the date of invoice. Damages incurred in shipping of 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.

1. Standard 1 yr full / 3 yr Limited Warranty
eRacks warrants hardware products to be free from defects in materials and workmanship for a period of one (1) year from the date of invoice, and will repair or replace the unit accordingly upon failure and return inspection. The Standard Warranty includes up to 3 years of individual components' warranties, as included by the component's manufacturer. This will be honored either by manufacturer directly or by eRacks. Technical assistance via email with up to five (5) technical support incidents for each system purchased, will be provided.

Extended warranties area available at an additional cost:

2. Extended 2yr full / 3yr Limited Warranty
The Extended Warranty covers two years of full parts and labor, and up to 3 years of warranty of individual components, as included by the component's manufacturer. Two years of technical assistance via email, with a maximum of 10 incidents, are also included.

3. Premium full 3yr Warranty
The Premium Warranty covers 3 year of full parts and labor, and up to 3 years of warranty of individual components, as included by the component's manufacturer. eRacks will cross ship replacement components if necessary. Also included are 3 years of technical assistance via email and/or phone, with a maximum of 20 incidents.

4. Additional services are available on a contract basis including:
 · Expert network, system design and architecture consulting
 · Open source migration and planning assitance
 · Enterprise-level open-source integration and migration roadmaps
 · Other software development services including driver development, and hardware consulting, are available.
Please contact consulting@eracks.com.

Shipping
eRacks ships all products in boxes and packaging approved to the specs of the shipping carriers we use. Visible damage of any eRacks product received by the customer must be claimed to the shipping carrier immediately upon receipt. Failure to do so voids the warranty. All packing materials must be retained to show to the claims inspectors for the shipping carriers.

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.

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.

Extent of warranty
eRacks' RESPONSIBILITY FOR DEFECTS IN MATERIALS AND WORKMANSHIP IS LIMITED TO REPAIR OR REPLACEMENT AS SET FORTH IN THE WARRANTY. This warranty supercedes all other warranties, express or implied. For specific instructions on the warranty service procedure, see the guidelines on the support section of the eRacks website.

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.