HARDWARE LIMITED WARRANTY
This Hardware Limited Warranty (the “Warranty”) is supplemental to and is incorporated into the Agreement pursuant to clause 2.1 of the Terms and Conditions. The Terms and Conditions forming part of the Agreement fully apply to and govern this Warranty and initial capitalized terms in this Warranty, unless expressly stated otherwise, shall have the meaning given to them in the Terms and Conditions.
This Warranty applies to the Smoothwall Hardware, excluding any associated Software which may run on the Hardware, as this is subject to separate Software License(s). By using the Smoothwall Hardware you agree to the terms of this Warranty. If you do not agree to these terms please return the Smoothwall Hardware along with all other supplied materials and documentation to the company who supplied it for a refund in accordance with the Agreement.
Smoothwall and the Customer agree:
1. LIMITED WARRANTY
1.1 Smoothwall warrants that the Smoothwall Hardware will, for the initial term of the customer agreement, following delivery (the “Warranty Period”) will:
(a) be free from any significant defects in materials and workmanship;
(b) perform in accordance with Smoothwall’s published specifications, providing the Smoothwall Hardware has been correctly installed, is used for its intended purpose and the operating conditions are within the range specified.
1.2 This Warranty will be rendered void and not apply if:
(a) the Smoothwall Hardware has been altered, repaired or modified by any party other than Smoothwall or its authorized repair agent;
(b) the Smoothwall Hardware has been damaged in any way, by accident, power spikes/surges or similar events or by any intentional, reckless or negligent acts or omissions of any party.
2.1 If any Smoothwall Hardware is found not to comply with the provisions of Clause 1.1 above, Smoothwall will replace it with an identical Smoothwall Hardware, or if not available, one of higher specification.
3.1 Before returning any Smoothwall Hardware an RMA Number must be obtained from Smoothwall, together with the address of the Smoothwall Repair Center to which the Smoothwall Hardware must be sent.
3.2 On confirmation of an RMA number, a replacement Smoothwall Hardware will be issued to the customer. This will be issued and delivered within 48 hours (during working days) of an RMA number being raised.
3.3 This is a “Return to Base (Factory)” Warranty, meaning that the Smoothwall Hardware must be returned to a Smoothwall Repair Center, subject to clause 3.1
3.4 The replacement Smoothwall Hardware may be refurbished, in which case it will be fully tested and supplied in “as new” condition.
3.5 The customer is responsible for returning the Smoothwall Hardware to the Smoothwall Repair Center, for transport and handling costs and for any duties or taxes payable in your country of residence.
3.6 Unless transport has been arranged by or provided by Smoothwall or its agent(s), if Smoothwall Hardware is damaged in transit from the Customer to the Smoothwall Repair Center the Customer will be charged for the cost of repairs. An estimate of the repair cost will be issued to the Customer before work starts.
3.7 The Smoothwall Hardware must either be returned in its original packaging or in a suitable transport carton such that it shall not be unnecessarily subjected to the risk of damage in transit.
3.8 Replacement of the Smoothwall Hardware shall not extend the Warranty Period or any Support Agreement associated with the Smoothwall Hardware or the term of the Agreement (pursuant to clause 4.1 of the Terms and Conditions).
3.9 If the Smoothwall Hardware is not covered by this Warranty, Smoothwall may at its discretion repair or replace the Smoothwall Hardware with the Customer being charged for the cost of repairs. An estimate of the repair cost will be issued to the Customer before work starts.
4.1 This Warranty and any document expressly referred to in it constitute the entire agreement between Smoothwall and the Customer and supersedes all previous written or oral agreement between the parties in relation to its subject matter.
4.2 The terms “You” and “Customer” are synonymous and include both the individual person and their employer or other corporate entity or entities on whose behalf they are acting.
4.3 By using the Smoothwall Hardware the Customer agrees to this Warranty. If the Smoothwall Hardware is being used by an entity, the individual indicating agreement to this Warranty represents and warrants that;
(a) such individual is duly authorized to accept the Warranty on behalf of the entity and to bind the entity to the terms of this Warranty;
(b) the entity has the full power, corporate or otherwise, to enter into the Warranty and perform its obligations under the Warranty and;
(c) the Warranty and the performance of the entity’s obligations under the Warranty do not violate any third-party agreement to which the entity is a party.
4.4 If any of the terms or provisions of this Warranty are or become invalid or unenforceable then they shall be deemed severable and all other terms and conditions shall remain in full force and effect.
4.5 No change to this Warranty will be valid unless in writing and signed by a Director of Smoothwall.
4.6 The provisions of the 1980 United Nations Convention on Contracts for the International Sales of Goods, as amended, shall not apply.
4.7 The Smoothwall Hardware and associated Software (as defined in the Software Licence) or Documentation (as defined in the Software Licence) may not be exported or transferred, either directly or indirectly, to any country which is prohibited by US export laws and regulations.
4.8 For appliances supplied by Smoothwall Ltd. or one of their registered Partners, the proper law applicable to this Warranty is English law and the parties hereby submit to the exclusive jurisdiction of the English Courts in relation to any claim or matter arising from this Warranty or the use of the installed Software.
4.9 For appliances supplied by Smoothwall Inc. or one of their registered Partners, the proper law applicable to this Warranty is the law of the State of North Carolina, USA. The parties hereby submit to the exclusive jurisdiction of the Courts of Mecklenburg County, North Carolina in relation to any claim or matter arising from this Warranty or the use of the software installed on the appliance.
4.10 For all Smoothwall operating companies, latest information, Software Licence, current Terms and Conditions that apply and other documentation forming part of the Agreement, see; us.smoothwall.com/legal