Q-BALANCER Co., Ltd. ("Q-BALANCER") manufactures its network products from parts and components that are new or equivalent to new in accordance with industry-standard practices. Q-BALANCER warrants that the hardware products it manufactures will be free from defects in materials and workmanship.
> Limited Warranty
Q-BALANCER warrants that (a) the hardware on which the software is furnished will be free of defects in materials and workmanship under normal use; (b) the software substantially conforms to its published specifications. Except for the foregoing, the software is provided AS IS. In no event does Q-BALANCER warrant that the Software is error free or that Customer will be able to operate the Software without problems or interruptions.
> Duration of Hardware Warranty
End users will be free from defects in materials and workmanship when used within the limits documented in the data sheet and user manual for a period of twelve (12) months. Other than twelve (12) months limited warranty support, the original end users can still purchase warranty renewal via authorized resellers as long as they continue to own or use our product. In the event of discontinuance of product manufacture, Q-BALANCER's hardware warranty support can only be extended to five (5) years from the announcement of discontinuance.
> Warranty Start Date
“Start Date” as used in this policy means the date of shipment of the Hardware to end customer, or the date of the Hardware gets registered, whichever comes later.
> Dead On Arrival ("DOA")
For up to thirty (30) days from the Start Date, Q-BALANCER will provide expedited replacement of affected field replaceable units of Hardware that fail to operate within twenty-four (24) hours of initial installation. For purposes of this DOA policy, "fail to operate" shall mean a material failure to substantially perform in accordance with the Hardware's technical specifications and shall not include cosmetic or other deficiencies that do not materially affect Hardware performance. A new field replaceable unit will be shipped from Q-BALANCER manufacturing facilities within two (2) business days of Q-BALANCER receipt and validation of customer's notification of an inoperative unit. Notification must be sent by customer via authorized resellers. Defective Hardware must be returned within thirty (30) days of failure, or customer pays purchase price of replacement Hardware.
> Making a Warranty Claim
During the warranty period, Q-BALANCER will repair or replace products returned to Q-BALANCER's facility. To request limited warranty service, you must contact Q-BALANCER's Authorized Resellers within the limited warranty period. If limited warranty service is required, Q-BALANCER will issue a Return Material Authorization Number to the Authorized Reseller. You must ship the products to Q-BALANCER in their original or equivalent packaging via the Authorized Resellers, prepay shipping charges, and insure the shipment or accept the risk of loss or damage during shipment. Q-BALANCER will ship the repaired or replacement products back to you via the Authorized Resellers with the freight prepaid within 15 working days after receipt of the RMA request. Actual delivery times may vary depending on Customer location.
> Restrictions
This limited warranty does not apply if: (a) the Hardware and Software have been altered, except by Q-BALANCER, (b) the Hardware assembly seal has been removed or damaged, (c) the Hardware has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Q-BALANCER in the enclosed documentation, or (d) the Hardware has been subjected to unreasonable physical, thermal or electrical stress, misuse, negligence, or accident.
In addition, the Hardware and Software are not designed or intended for use in (a) the design, construction, operation or maintenance of any nuclear facility, (b) navigating or operating aircraft, or (c) operating life-support or life-critical medical equipment; Q-BALANCER disclaims any express or implied warranty of fitness for such uses. End customers are solely responsible for backing up its programs and data to protect against loss or corruption. Q-BALANCER warranty obligations do not include installation support.
> Limitation of Liability
In no event will Q-BALANCER or its affiliates or suppliers be liable for any loss of use, interruption of business, lost profits, or lost data, or indirect, special, incidental or consequential damages of any kind regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise, even if Q-BALANCER or its affiliated or supplier has been advised of the possibility of such damage, and whether or not any remedy provided should fail of its essential purpose. The total cumulative liability to customer, from all causes of action and all theories of liability, will be limited to and will not exceed the purchase price of the product paid by customer. In addition, Q-BALANCER shall not be liable for customer’s or any third party’s software, firmware, information, or memory data contained in, sorted on, or integrated with any product returned to Q-BALANCER, whether under warranty or not.
> Disclaimer
EXCEPT AS EXPRESSLY SET FORTH ABOVE, Q-BALANCER MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT, OR WARRANTIES OR OBLIGATIONS ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. FURTHER, Q-BALANCER DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE OR THAT BUYER WILL BE ABLE TO OPERATE THE SOFTWARE WITHOUT PROBLEMS OR INTERRUPTION.
