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Warranty Service

Introduction
Warranty Coverage
Warranty Period
RMA Service
Expected Turn-Around Time (TAT)
Customer's Obligations
Others
Disclaimer of Warranty
Limitation of Liability
Force Majeure
Complete Agreement
Choice of Law and Jurisdiction

Introduction

Thank you for choosing MiTAC International Corporation ("TYAN") as your preferred partner. The following terms and conditions set forth the warranty service and policy of TYAN ("Warranty") for all TYAN products.



Warranty Coverage

THIS WARRANTY APPLIES ONLY TO TYAN'S REGULAR CHANNEL PRODUCTS FOUND ON http://www.tyan.com/ WHICH ARE INTENDED FOR RETAIL DISTRIBUTION ("PRODUCTS").

This Warranty does not apply to products intended for OEM/ODM distribution, refurbished products or products sold via surplus/auction dealers.

THIS WARRANTY ONLY APPLIES TO CONSUMERS WHO ORIGINALLY PURCHASED A TYAN PRODUCT WITH A TYAN (OR MITAC) INVOICE.

Subject to the terms of this Warranty, in the event of any defect of the Product which is during the Warranty Period, TYAN will, at its discretion, repair or replace the motherboard, barebone, small board, power supply or other part of such defective Product.

TYAN does not warrant the cables and mechanical parts, including chassis, rail, heatsink, I/O shield etc. of the Products, all of which are eligible for and subject to the regular DOA service as determined by TYAN in its sole discretion, but exempt from the coverage of this Warranty.

This Warranty does not apply to any failure or defect caused by misuse, accidental damage, abnormal or unusually heavy use, neglect, abuse, alteration, improper installation, shipping damage, unauthorized repair or modification, improper testing, or causes external to the product such as, but not limited to, excessive heat or humidity, power failure, power surges, or natural disaster.

TYAN makes no warranty with respect to expendable components, any software supplied by TYAN, any experimental or developmental products, periodic maintenance and repair or replacement of parts due to normal wear and tear, compatibility with other hardware and software products introduced after the time of purchase, or products or accessories not manufactured by TYAN; all of which components, software and products are provided in an as-is status. The purchaser assumes the entire risk of using those components, software or products.

Suitability for Use

TYAN shall not be responsible for conformity with any standards, codes or regulations which apply to the combination of the Product in the customer's application or use of the Product. The following are some examples of applications for which particular attention must be given. This is not intended to be an exhaustive list of all possible uses of the Products, nor is it intended to imply that the uses listed may be suitable for the Products:

  • Outdoor use, uses involving potential chemical contamination or electrical interference, or conditions or uses not described in the product manual.
  • Nuclear energy control systems, combustion systems, railroad systems, aviation systems, medical equipment, amusement machines, vehicles, safety equipment, and installations subject to separate industry or government regulations.
  • Systems, machines and equipment that could present a risk to life or property.

Please know and observe all prohibitions of use applicable to the Products.

NEVER USE THE PRODUCT FOR AN APPLICATION INVOLVING SERIOUS RISK TO LIFE OR PROPERTY WITHOUT ENSURING THAT THE SYSTEM AS A WHOLE HAS BEEN DESIGNED TO ADDRESS THE RISKS, AND THAT THE TYAN PRODUCT IS PROPERLY RATED AND INSTALLED FOR THE INTENDED USE WITHIN THE OVERALL EQUIPMENT OR SYSTEM.


Warranty Period

Subject to the terms of this Warranty, TYAN Products are warranted to be free from defects in material and workmanship for and within the Warranty Period as set forth below:

- Three years (36 months) for workmanship and materials, starting from the date the Products are shipped out from TYAN to the Original Authorized Product Distributor*.

The shipping date shown on the shipping invoice shall be the starting date of the Warranty Period. TYAN reserves the right to determine in its sole discretion the shipping date by the serial number of the Product if no valid shipping invoice is provided or the shipping date on the shipping invoice is illegible, altered or incomplete.

This Warranty does not apply to the consumer purchaser of Products. For indirect customers (whom purchase the Products from an authorized TYAN distributor, including an Original Authorized Product Distributor) or consumer purchasers/end users, the warranty services are taken care by the TYAN authorized distributor whom they purchased the Products from. The purchasing date shown on the purchasing invoice from TYAN authorized distributor shall be the starting date of the product warranty. The distributor/retailer/reseller who sells the Products to its customers shall have the liability to the warranty of the Products and to support warranty services for its customers.

* Original Authorized Product Distributor refers to the customer that is the first purchaser of the product, the customer that purchases from TYAN, directly out of TYAN's warehouse.


RMA Service

In-Warranty Services

If a Product which is defective and returned within the applicable Warranty Period, TYAN will, at its sole discretion and at no cost to the customer, repair or replace the defective Product pursuant to this Warranty. In-warranty services require a valid proof-of purchase.

The repaired or replaced part(s) will be warranted for 60 days from the date of return shipment from TYAN, or for the balance of its original Warranty Period, whichever is longer.

Out of Warranty (OOW) Services

If a Product which is defective and returned after the applicable Warranty Period or for defect, failure or damage is not covered by this Warranty, the customer may purchase the OOW Services. The Product will fall under the Out of Warranty category if it meets any of the following criteria:
  1. Without a valid purchase order or proof of purchase
  2. Its current TYAN warranty has expired or is void
  3. The product is purchased from an unauthorized TYAN dealer or auction sites
  4. The product is physically damaged* in a manner that has voided the warranty.
  5. It is a bent pin issue for the product**
  6. There is no socket cover on the socket when send back the product. ***
* The physically damaged situation was considered as customer induced damage ("CID") case. It also belongs to out of warranty category.

**TYAN does not warrant any and all damage to the pins of socket. TYAN will make reasonable efforts to repair socket for all the bent pin issues, but the repair charge may be applied.

***TYAN will require that the socket covers (which ship in place) be used to send back any product that requires warranty service. If the customer does not have these original socket covers then all effort must be made to cover and protect these sockets; otherwise, if these sockets are damaged during transit, the warranty will be void or subject to an "Out of Warranty" charge to repair the socket.

If the customer wishes to have such a Product (which falls under the Out of Warranty category) repaired by TYAN, please carefully read the information below.
  • TYAN will charge a diagnostic fee to fix basic functionality or cosmetic problems with the motherboard. The costs for the components that will be used to fix the issue will be an additional charge and will be added to the diagnostic fee.
  • Each motherboard will be determined on a case by case basis by TYAN's Service Center if it is capable of being fixed. If it is not, TYAN will keep a diagnostic fee.
  • Typical problems TYAN will fix are: broken sockets, broken DIMM slots, broken PCI slots, broken IDE connectors, broken solder joints on PS/2 ports, and so on.
  • Any additional charges (VAT taxes, duties or etc.) will be added to the final charges and be incurred directly by the customer.


Any repair done by TYAN under the Out of Warranty services process will come with a 60-day warranty from the date of return shipment for the repaired or replaced part(s), or for the balance of its original Warranty Period, whichever is longer.

Freight/Handling - All shipping charges associated with the Out of Warranty services process will be paid by the customer.

Expected Turn-Around Time (TAT)

For TYAN made Products, TYAN's Service Center shall attempt to return the repaired motherboard/barebone/parts to the customer within 14 working days after the returned products have been received at TYAN's Service Center. For the outside vendor made parts such as CPU, DIMM, HDD, Power Supply and certain Add-On Cards, the TAT for repair can be expected to be 30 working days after the returned products have been received at TYAN's Service Center. TYAN will use the reasonable efforts to accelerate the working days, but may advise the customer of any delays beyond its standard turnaround time.


Customer's Obligations

In order for the warranty replacement or repair to be processed, the customer must first contact TYAN's Service Center, whereupon the Service Center will attempt to remedy the issue prior to any need of servicing merchandise. For repair or replacement on the Product, the customer must obtain a Return Authorization Number ("RMA") from TYAN's Service Center.

When required to return the defective Product(s) back to TYAN, the customer shall provide information in relation to the defective Product(s) requested by TYAN's Service Center and fill in the RMA form prior to requesting service. The information required would include, but not limited to the product model, part number, serial number, TYAN invoice number, shipping date, and possibly photographs of the broken part(s), etc., together with the RMA number issued by TYAN's Service Center. The delay or failure of the provisioning of such information by the customer may cause delays in shipping out the repaired or replacement within the prescribed time frame. TYAN may refuse to provide service and shall not be responsible for any damages or liabilities incurred to the customer or the Product if the requested information provided by the customer is incomplete or illegible or the part number/serial number is altered or removed.

Refer to RMA Service Procedures for more information regarding the RAM service.

Transportation Cost

For in-warranty services, the customer shall pay for the one-way shipping charges from the customer's location to TYAN's Service Center. TYAN will be responsible for one way shipping charges incurred for returning the repaired Products to the customer at its standard shipping method. If the returned Product(s) are No Trouble Found ("NTF"), have defaulted due to physical damage by the user, by use of external components not included in the original motherboard/barebone or damaged during shipping en route to TYAN's Service Center, the customer is fully responsible for all fees incurred for returning the Product to their location.

For OOW services, all the shipping charges associated with the Out of Warranty services process will be paid by the customer.

TYAN will not be responsible for any losses or damage to the Product incurred while the Product is in transit or is being shipped for repair. Insurance is recommended.

Any package that is sent to TYAN's Service Center without an RMA number will be rejected and sent back at the owner's expenses and risks.


Others

Cross Shipment

TYAN does not provide cross shipment/advanced swap service for regular warranty services. Any request for special support is subject to prior consent of TYAN.

Dead on Arrival (DOA) Replacement Policy (only for TYAN's direct customer, not for end user/consumer purchaser)

For direct customers, please first contact TYAN Sales or FAE for DOA process request.

For the indirect customers (whom purchase the Products from an authorized TYAN distributor) or consumer purchasers/end users, please first contact the distributor or vendor whom they purchased the TYAN product from.

A DOA Product is a Product, as determined by TYAN in its sole discretion, showing systemic failure symptoms which prevent basic operability of the Product. The customer must submit the DOA replacement request to TYAN within 30 days from the invoice date of such DOA Products.

The customer's exclusive remedy for a DOA Product/motherboard/barebone under this DOA policy or any implied warranty shall be limited to the replacement of any DOA Product/motherboard/barebone, at TYAN's sole discretion.

When returning DOA Product for replacement, the original packaging including all accessories and packaging material must also be included; otherwise, the customer's DOA replacement request may be rejected or delayed.


Disclaimer of Warranty

Except as specified in this Warranty, TYAN disclaims all other warranties, express or implied including, but not limited to any implied warranties of merchantability or fitness for a particular purpose. To the extent an implied warranty cannot be excluded, such warranty is limited in duration to the express warranty period. Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty lasts, the above limitations may not apply.

Any dismantling or repair by anyone other than TYAN's authorized Service Center will void this Warranty.

Limitation of Liability

TYAN's liability regarding the Products under this Warranty, or any other warranty, implied or express, is limited to repair or replacement. In no event will TYAN be liable for direct, indirect, special, incidental, or consequential damages however caused and regardless of the theory of liability including, but not limited to, lost profits, downtime, goodwill, damage to or replacement of equipment and property, and any costs of recovering, reprogramming, or reproducing any document or data stored in or used with a system containing this Product, even if TYAN has been advised of the possibility of such damages or liability. TYAN's entire liability under this Warranty shall be limited to the actual value of the Products at the time of being returned back to TYAN for repair or replacement less a reasonable amount for usage, as determined by TYAN in its sole discretion. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Some states or jurisdictions do not allow limitation or exclusion of consequential or incidental damages thus the above limitation may not apply.


Force Majeure

TYAN shall not be liable for any alleged loss or damages resulting from delays in performance due to acts of civil or military authority, governmental priorities, earthquake, file, flood, epidemic, energy crisis, unavailability of supplies, strike, labor trouble, war, riot, accident, material shortage, delay in transportation, or any other causes beyond TYAN's reasonable control.

Complete Agreement

This Warranty is complete, final and exclusive between TYAN and the customer/purchaser with respect to quality or performance of the Products and any and all warranties and representations. THIS WARRANTY SETS FORTH TYAN'S ALL RESPONSIBILITIES REGARDING THE PRODUCT.

Choice of Law and Jurisdiction

Any and all issues or disputes with respect to this Warranty or the Products shall be construed, governed and settled by the law of the State of California, USA, without reference to its conflict of law provisions or the United Nation Convention on Contracts for the international Sale of Goods, and shall benefit TYAN, its successors and assigns. Any and all claims, actions, suits or legal proceeding arising out of or in connection with the Product or this Warranty shall be exclusively submitted to the courts located in the State of California, USA. and to the fullest extent permitted by law, without raising any objection or claim that any such suit, action, or proceeding brought in any court has been brought in any court has been brought in an inconvenient forum.