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LIFETIME WARRANTY

Free From Defects

SYNEXDATA warrants that all equipment sold to Buyer will be free from defects in material and workmanship for the lifetime of such equipment provided that the equipment is properly used and maintained. This warranty is effective as of July 1, 2018 and applies to all original equipment manufacturer (OEM) brands and certified pre-owned equipment from the original equipment manufacturer and from the SYNEXDATA testing and quality assurance laboratory.

During the warranty period, SYNEXDATA will, at its discretion, either replace defective equipment with a properly functioning unit (“Replacement Equipment”) or issue a credit to Buyer for the purchase price paid by Buyer for the defective equipment. SYNEXDATA reserves the right to replace defective equipment with the same model or an upgraded model with comparable functionality.

The Buyer must ship the defective equipment back to SYNEXDATA unless otherwise agreed upon. Buyer must do so within 14 days of receipt of the replacement equipment or refund, whichever is applicable. SYNEXDATA will cover the cost of shipping the defective equipment back to SYNEXDATA or from a location of similar freights charge. As well, the Buyer must ship the defective equipment back to SYNEXDATA using SYNEXDATA’s preferred shipping account (which will be provided at that time). The Buyer mut receive a valid RMA return number prior to replacement event.

Replacement Equipment will be shipped using SYNEXDATA’s preferred carrier, freight prepaid by SYNEXDATA. SYNEXDATA shall also cover the cost of any import duties, taxes or other similar fees, arising in connection with the shipment of such Equipment, except for any such duties, taxes or fees arising as a result of shipments to or from India, China, Russia, Central America, South America, Philippines, South Korea, Thailand, or Saudi Arabia, which shall be Buyer’s responsibility.

This warranty does not apply to any failure of the Equipment due to misuse, abuse, accident, neglect, mishandling, lack of proper maintenance, environmental factors, improper installation or configuration, flood, fire or other natural disasters, physical damage, electrical issues such as lightning, power surges or incorrect electrical voltages, or improper modifications.

This warranty is nontransferable and only valid for the original purchaser of the Equipment (“Buyer”).

This warranty does not apply to any products purchased in wholesale transactions. This warranty does not cover mainframes, software, batteries, licenses or any equipment provided as part of SYNEXDATA’s maintenance services or other services. SYNEXDATA disclaims any warranty, express or implied, for such goods and services, except as separately agreed to in writing by SYNEXDATA.

EXCEPT AS SET FORTH ABOVE, OR AS OTHERWISE AGREED TO BY SYNEXDATA IN WRITING, SYNEXDATA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH REGARD TO THE EQUIPMENT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, SUITABILITY, OR NON-INFRINGEMENT.

THE REMEDY OF REPLACEMENT OR REFUND, AS DETERMINED IN SYNEXDATA’S SOLE DISCRETION, WILL BE THE EXCLUSIVE AND SOLE REMEDY OF BUYER WITH RESPECT TO ANY CLAIMS BASED ON THE EQUIPMENT. IN NO EVENT SHALL SYNEXDAA BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONTINGENT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGE OR LOSS OF OTHER PROPERTY OR GOODS, LOSS OF PROFITS OR REVENUE, LOSS OF USE OR LOSS OF DATA.

THE LIFETIME WARRANTY COVERAGE SET FORTH ABOVE TERMINATES UPON THE SALE OR TRANSFER OF THE EQUIPMENT BY BUYER TO ANOTHER PARTY.