ThinkCP Brand Product Warranties & Remedies
Standard Warranty Period. The standard warranty for all ThinkCP™ Technologies computer systems, storage systems and other ThinkCP brand products is 1 Year. ThinkCP will be responsible for parts and labor costs associated with these 1 Year Warranty Repair(s) as deemed necessary and appropriate at ThinkCP’s sole discretion. This 1 Year Warranty is only applicable towards ThinkCP systems or products returned to our repair facilities as per the “Return Merchandise Authorization) (RMA) Procedures” stated herein, unless otherwise expressly stated.
Some components used in the configuration of ThinkCP™ Technologies Systems may include additional product warranties that extend beyond one year as provided by the respective component’s original equipment manufacturer (“OEM”). It is the responsibility of the customer to determine if any such extended OEM component warranty(-ies) exist. In the event that such an extended component warranty exists, the customer may elect to have the OEM repair and/or replace such components under the terms of the respective OEM’s warranty agreement. ThinkCP™ Technologies is not a party to any such OEM agreements that may exist between the customer and the respective OEM.
Extended Support & Warranty Agreements. As a convenience to Customer, ThinkCP™ Technologies may offer additional warranties that extend the type and/or length of service on ThinkCP™ Technologies computer and storage systems or other ThinkCP brand products. Any such agreement(s) shall represent an amendment to these Warranties And Remedies only if agreed to in writing by both the customer and ThinkCP™ Technologies, but shall not supercede all or any other relevant terms and conditions of this agreement unless stated expressly in such amendment(s).
Warranties & Remedies. ThinkCP™ warrants that at the time of delivery the goods shipped under the agreement are in accordance with the applicable manufacturer’s specifications. The warranty delivered to ThinkCP Technologies by the manufacturer’s or other vendor thereof shall be assigned to Customer to the extent such assignment is permitted by the terms thereof. Notwithstanding the forgoing, no such warranty shall apply to any goods which have been altered or repaired except by ThinkCP Technologies or the manufacturer, or which have been subjected to misuse, negligence or accident. Such warranties are expressly in lieu of any other and ThinkCP Technologies makes no other warranty, express or implied, with respect to the goods and in particular THINKCP™ TECHNOLOGIES DISCLAIMS ANY WARRANTY WITH RESPECT TO THE MERCHANTABILITY OF SUCH GOODS OR THE FITNESS OF SUCH GOODS FOR CUSTOMER’S PURPOSE OR USE. THINKCP™ TECHNOLOGIES NEITHER ASSUMES NOR AUTHORIZES CUSTOMER OR ANY OTHER PERSON TO ASSUME ON BEHALF OF THINKCP™ TECHNOLOGIES ANY OTHER LIABILITIES IN CONNECTION WITH THE SALE OF GOODS. ThinkCP Technologies’ sole liability shall be provided herein which shall be the sole and exclusive remedy of Customer; THINKCP™ TECHNOLOGIES SHALL NOT BE LIABLE FOR ANY DAMAGES DUE TO DELAY IN DELIVERIES SERVICE USE OF EQUIPMENT OR OTHER PERFORMANCE AS SPECIFIED IN THIS AGREEMENT, THINKCP™ TECHNOLOGIES SHALL IN NO EVENT WHETHER FOR BREACH OF CONTRACT, BREACH OF WARRANTY LIABILITY IN TORT (WHETHER STRICT LIABILITY OR NEGLIGENCE) OR WITHOUT LIMITATION, OTHERWISE BE LIABLE FOR ANY ACCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING WITHOUT LIMITATION BUSINESS LOSSES, PERSONAL PROPERTY DAMAGE, PERSONAL INJURY AND THIRD PARTY LIABILITIES ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED. The forgoing provisions shall not extend the original warranty period of any goods which have either been repaired or replaced by ThinkCP Technologies or the manufacturer. Defective goods may be subject to return for replacement, repair or refund as per the Return Merchandise Authorization (RMA) Procedures defined herein.
Limited Warranty On Diskette(s)/Tape/Media, And User/Installation Manuals. ThinkCP Technologies warrants the diskette(s)/tape/media on which the software is recorded are reliable by a compatible hardware system and further warrants the User Installation Manuals provided to be a good printing quality/printable quality. For a period of 30 days after the original purchase, if you discover any defects in the readability of the diskettes/tape/media or User Installation Manual, you may return it to ThinkCP Technologies for a free replacement which is your sole remedy in the event of such defect(s). LIMITATION ON WARRANTY AND LIABILITY, EXCEPT AS EXPRESSLY PROVIDED ABOVE FOR DISKETTES/TAPE/MEDIA AND USER INSTALLATION MANUAL(S): THINKCP™ TECHNOLOGIES, ITS PROGRAMMING LANGUAGE SUPPLIERS AND OTHER VENDORS, DISTRIBUTORS AND DEALERS MAKE NO WARRANTIES WHETHER EXPRESS OR IMPLIED WITH RESPECT TO THE SOFTWARE, IT’S MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. THE SOFTWARE IS LICENSED SOLELY ON AN “AS IS” BASIS, THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH THE CUSTOMER. SHOULD THE SOFTWARE PROVE DEFECTIVE, CUSTOMER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION AND INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT WILL THINKCP™ TECHNOLOGIES, ITS PROGRAMMING LANGUAGE SUPPLIERS, AND OTHER VENDORS, DISTRIBUTORS OR DEALERS BE LIABLE FOR ANY DAMAGES INCLUDING LOSS OF DATA, LOSS OF PROFITS, OR DIRECT OR INDIRECT INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY DEFECT IN THE SOFTWARE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. DISASSEMBLY OR DECOMPILATION OF THE SOFTWARE IS PROHIBITED.
Installation. Customer shall be solely responsible for the installation and operation of the goods covered hereby, including without limitation the obtaining of permits, licenses or certifications required for the installation of such goods. Any deviation from these installation terms and conditions must be agreed to by both the Customer and ThinkCP Technologies and shall not affect the applicability of any other terms and conditions as set forth in these “ThinkCP Brand Product Warranties & Remedies”.
Patents. ThinkCP Technologies shall not bear liability of any kind with respect to any actual or alleged infringement of any United States or foreign patent, trademark or similar rights.
Technical Data. Without ThinkCP Technologies’ prior written consent, Customer shall not use, duplicate or disclose any technical data delivered or disclosed by ThinkCP Technologies to Customer for any purpose other than for installation, operation or maintenance of goods purchased by Customer.
Integration. This instrument contains the entire agreement between the parties with respect to standard warranties and remedies and any representation, promise or condition not specifically incorporated herein in writing shall not be binding on either party. The information and conditions of these ThinkCP Brand Product Warranties & Remedies are controlling over Customer and ThinkCP Technologies. Any conflicting statements of terms listed on the Customer’s purchase orders, invoice, confirmations or other Customer generated documents are negated by submission of these ThinkCP Brand Product Warranties And Remedies and issuance of credit by ThinkCP Technologies. Any modification of the terms hereof shall be effective only when embodied in a written agreement signed by the party to be charged. Any assignment of any rights hereunder by Customer shall be voided without ThinkCP Technologies’ written consent.
Customer’s Terms And Conditions. ThinkCP Technologies desires to provide its customers with prompt and efficient service. Accordingly, goods furnished and services rendered by ThinkCP Technologies are sold only on the terms and conditions as stated herein. Notwithstanding any terms or conditions on Customers order, ThinkCP Technologies’ performance of any contract is expressly made conditional on Customer’s agreement to ThinkCP Brand Product Warranties & Remedies, unless otherwise specifically agreed to in writing by ThinkCP Technologies. In the absence of such agreement, commencement of performance and/or delivery shall be for Customer’s convenience only and shall not be deemed or construed to be acceptance of Customer’s terms and conditions or any of them. If a contract is not earlier formed by mutual agreement in writing, acceptance of any goods or services shall be deemed acceptance of the terms and conditions stated herein.
General. All agreements, covenants, conditions and provisions contained herein shall apply and bind the assignees and successors in interest of Customer. If any provision or portion of this agreement is held to be invalid, illegal, unconscionable or unenforceable, the other provisions and portions hereof shall not be affected. The several caption used herein are for the convenience of the parties only and shall not affect the construction or interpretation hereof.
Governing Law. This agreement shall be governed by and construed in accordance with the laws of the State of California.
Jurisdiction. This agreement shall be deemed to have been entered in the Harbor Judicial District of the County of Orange, State of California. In the event of a dispute between the parties, all questions of validity, interpretation, or performance of any of its terms or any rights or obligations of the parties of this agreement shall be disputed, challenged and resolved only in the said Jurisdiction in California.
Customer Support/Technical Support. Customer/Technical telephone/email/IM support is available to the Customer, during the first year of warranty on ThinkCP(TM) Technologies’ Brand Products. Customer/technical support is generally available on weekdays between the hours of 7:00 a.m. and 4:00 p.m. Pacific Time (excluding legal holidays) by calling (800)726-2477 or by emailing Support@ThinkCP.com. If a technical or customer support specialist cannot immediately resolve the issue, ThinkCP Technologies will take reasonable measures to resolve the issue within 2 business days. This service is provided as a convenience to the Customer and no guarantee of performance or fitness is made by ThinkCP Technologies.
Return Merchandise Authorization (RMA) Procedures:
Return of Non Defective Goods. ThinkCP Technologies expressly retains the right to accept or deny non-defective goods being returned by the Customer for credit based entirely on the sole discretion of ThinkCP Technologies. For the return of non-defective goods that ThinkCP Technologies agrees to accept, a minimum of a 15% restocking fee will be applied. Systems, parts and other goods that are “special order” are not returnable at any time. Any other costs realized by ThinkCP Technologies in accepting the return (e.g., supplier re-stocking fees, interim shipping charges, etc. ) may increase the restocking fees assessed to the Customer. Customer requests for the return of non-defective goods should generally be made within 15 days of the original invoice date. Non Defective Goods must be return shipped to ThinkCP Technologies in their original package, with all original packing materials, instruction manuals, software, accessories and all other items which originally shipped with the product. Customer is responsible for following additional instructions as set forth in “RMA Issuance And Item Returns” as set forth herein.
Return of Defective Products (“Defective on Arrival”). ThinkCP Technologies agrees, as ThinkCP™ shall elect, to credit the account of Customer or replace or repair without charge to Customer all goods which, at the time of delivery, are not in accordance with the respective manufacturer’s specification only if Customer returns such goods to ThinkCP Technologies facilities within 10 days from the date of delivery in original package and in good condition without their serial numbers or any part thereof altered, defaced or removed accompanied by a specification in writing of the defects involved, and provided that the customer abides by the RMA procedures defined herein, including RMA Issuance And Item Returns, and any other requirements that may be applicable as stated herein. ThinkCP Technologies shall have sole discretion as to whether or not to replace, repair or provide the Customer credit for any items which are determined by ThinkCP Technologies to be defective. Customer shall notify ThinkCP Technologies in each instance of an item received Defective on Arrival and obtain an RMA number when Customer intends to return goods which Customer believes are not in accordance with the manufacturer’s specifications. ThinkCP Technologies shall be entitled to examine such goods prior to ThinkCP accepting the conditions stated for return. Final inspection and determination whether goods are in accordance with the manufacturer’s specification shall be made at ThinkCP Technologies’ facility or may be based upon the manufacturers’ test report at ThinkCP Technologies’ discretion. During this interim period of acceptance, ThinkCP™ Technologies will pay shipping both directions. After the 10 day acceptance period, the customer will be responsible for shipping or delivery of the products to ThinkCP™, at customer’s expense and liability. Additional RMA Terms and Conditions as set forth herein shall remain effective. Customer must follow the “RMA Issuance And Item Returns” section herein in order to receive an RMA number and begin the return merchandise process.
Return of Defective Products – Goods Under Warranty. ThinkCP Technologies agrees, as ThinkCP™ shall elect, to credit the account of Customer or replace or repair without charge to Customer ThinkCP Technologies Brand Products under warranty which are found not to be in accordance with the respective manufacturer’s specification subject to the provisions herein. The warranty period is effective from the date of the original ThinkCP Technologies Invoice. ThinkCP Technologies retains the right and sole discretion to determine whether items are within the tolerance defined by the original manufacturer’s specifications. ThinkCP Technologies has sole discretion in determining whether or not the defective items will be repaired, replaced or credited to the Customer account. Items returned for repair, replacement or credit under warranty must be in good condition without their serial numbers or any part thereof altered, defaced or removed and must be accompanied by a specification in writing of the claimed defects involved. Customer shall notify ThinkCP Technologies in each instance of a defective item under warranty and obtain an RMA number by contacting ThinkCP Technologies’ Customer Service. ThinkCP Technologies shall be entitled to examine all goods returned by Customer as “defective” prior to ThinkCP accepting the conditions stated for return. Final inspection and determination whether goods are in accordance with the manufacturer’s specification shall be made at ThinkCP Technologies’ facility or may be based upon the manufacturers’ test report at ThinkCP Technologies’ discretion.
If the defective items are being returned under warranty more than 10 days after the initial acceptance period, the customer will be responsible for shipping or delivery of the products to ThinkCP™, at customer’s expense and liability. Additional RMA Terms and Conditions as set forth herein shall remain effective. Customer must follow the “RMA Issuance And Item Returns” section herein in order to receive an RMA number and begin the return merchandise process.
RMA Issuance And Item Returns. In the event that goods must be returned to ThinkCP Technologies, Customer shall be responsible to obtain an RMA number from ThinkCP Technologies’ Customer Service prior to shipment of goods. The RMA number must be clearly displayed on the shipping label. Goods shipped without an RMA number, freight collect or C.O.D., will be refused at ThinkCP Technologies’ sole discretion. All RMA numbers will be valid for a period of 10 days from date of issue by ThinkCP Technologies. See additional requirements that apply to either “Return of Non-Defective Goods”, “Return of Defective Products (‘Defective on Arrival’)”, or “Return of Defective Products – Goods Under Warranty”as noted herein.