The details of your Sun Limited Warranty are set forth below. The Sun Limited Warranty is only available in regions where Sun maintains local service or support operations. See a list of countries where Sun maintains local service or support operations or contact your Sun sales representative or authorized Sun partner to determine whether your Hardware Product is located in such a country. If you are located in a country where Sun does not maintain local service or support operations, your warranty terms will vary and third parties may be responsible for providing you with warranty service.
Nothing in this Sun Statement of Limited Warranty affects any statutory rights of consumers or other purchasers that cannot be waived or limited by contract. This limited warranty gives you specific legal rights, and you may also have other rights which vary from state to state, country to country and jurisdiction to jurisdiction.
What the Sun Limited Warranty Covers
Sun warrants that hardware products listed on the standard Sun product price list ("Hardware Products") and products purchased through the Sun Remanufactured Equipment Program will be free from material defects in materials and workmanship for the term set forth on the Product Warranty Chart. Sun warrants that software media will be free from material defects in materials and workmanship for a period of ninety (90) days.
This Hardware Product warranty applies to all Sun parts, accessories, and upgrades ("Options") sold with your Sun Hardware Product. Options purchased from Sun or a Sun authorized reseller and added to the Hardware Product after the initial Hardware Product purchase will be free from material defects in workmanship and materials for the term of the Hardware Product Warranty. If the warranty of the Hardware Product into which the Options have been installed has expired, the Option's warranty is as set forth on the Product Warranty Chart.
Sun Hardware Products, or parts or components of Sun Hardware Products, may be new or used. Sun warranty terms apply only to used equipment which has been remanufactured and certified for warranty by Sun. Sun warranty terms do not apply to equipment listed on Sun pricelists with a prefix of "Y."
What the Sun Limited Warranty Does Not Cover
Other than the limited software media warranty described above, Sun does not warrant software of any kind, including bundled, pre-installed, or separately sold software packages.
The Sun Limited Warranty is extended only to the original purchaser or original lessee of the Hardware Product and may be void in the event that the Hardware Product is transferred. Unless otherwise agreed to in writing by Sun, warranties are valid only: (i) within the original country of purchase; or (ii) if the original country of purchase is in the European Union, within the European Union, subject to the availability of the warranty delivery capability in the country. Hardware Products that are installed outside the country of purchase may be eligible for warranty services if you have executed and are in conformity with a current Passport or Global Purchase Agreement and have provided Sun with the required installation reports. Sun does not warrant uninterrupted or error-free operation of Hardware Products.
No warranty will apply to any Hardware Product or software media that has been (i) modified, altered or adapted without Sun's written consent; (ii) mistreated or used in a manner other than in accordance with that Hardware Product's or software media's manual; (iii) repaired by any third party in a manner which fails to meet Sun's quality standards; (iv) improperly installed by any party other than Sun; (v) used with equipment or software not covered by this warranty, to the extent that problems are attributable to such use; (vi) relocated without Sun's written consent, to the extent that problems are attributable to the relocation; (vii) used directly or indirectly in supporting activities prohibited by U.S. or other national export regulations; (viii) used by parties appearing on the most current U.S. export exclusion list; (ix) relocated to countries subject to U.S. trade embargo or restrictions; or (x) used remotely to facilitate any activities in the countries referenced in (ix), above.
Any services provided for Hardware Products or software media which are not covered by warranty will be billed on a time and materials basis.
In the event that the Sun serial number tag on the Hardware Product has been removed or tampered with, the warranty will be void. Customer may not dismantle or subdivide any Hardware Products sold and warranted as part of a preconfigured and factory tested system. Any attempt to dismantle or subdivide such systems constitutes a modification or alteration of the Hardware Product which voids the applicable warranty.
The term of your hardware warranty is set forth on the Product Warranty Chart. For hardware designated as Customer Installable on the Product Warranty Chart, the term of your warranty begins to run on the date the product is shipped to you. For all other hardware products on the Product Warranty Chart, the term of your warranty begins to run on the date the Hardware Product is installed by Sun or an authorized Sun partner.
The term of your software media warranty is ninety (90) days from the date of purchase or receipt if there is no purchase price.
Registration
a) Using the Sun Connection Inventory Channel, you agree to electronically register warranted Sun products (hardware and software) and to transmit registration and inventory data to Sun, within a reasonable period of time not to exceed thirty (30) days from your receipt of the applicable product. The current applicable product list is available at http://www.sun.com/service/registration/. The Sun Connection Inventory Channel service can be accessed at the following URL: http://sunconnection.sun.com/inventory/.
(b) You agree and acknowledge that your delay in registering warranted Sun products and transmitting registration and inventory data to Sun as described above may result in Sun's delay in performing any warranty services. Registration may require the installation of additional software on your's system. Information about installation requirements can be found at the following URL http://sunconnection.sun.com/inventory/.
(c) Sun will keep all information obtained from you via the registration process confidential, and will not disclose such information to any third party.
(d) The registration process may vary by country. Sun reserves the right to modify the method of registration, inventory, entitlement and service delivery as necessary.
Unless otherwise designated in writing by Sun, Sun is the only party authorized to perform warranty service on Sun Hardware Products. Upon experiencing an issue, please contact Sun via Sun's Online Support Center or contact the Technical Support Center for your country.
If Sun is not able to obtain entitlement information through the registration process, you will be asked to provide the following information when requesting warranty service: your name, address, and contact information; serial number; a description of your Hardware Product and system configuration; a description of the issue; and, if applicable, your Passport or Global Purchase Agreement number. You may be required to provide proof of purchase and/or proof of the installation date of your Hardware Product prior to receiving warranty service.
If a contact response time is listed for your Hardware Product on the Product Warranty Chart , Sun will make commercially reasonable efforts to return your initial telephone or internet request for warranty service within the designated response time. In the event that no response time is listed for your Hardware Product, Sun will return your initial request for warranty service within a commercially reasonable period of time.
If the Product Warranty Chart provides for on-site warranty service for your Hardware Product and once Sun has determined that an on-site visit is required in order to address the issue, Sun will make commercially reasonable efforts to arrange for such on-site warranty service within the response times (starting once the diagnostic analysis is done) and during the hours of support coverage set forth for your Hardware Product on the Product Warranty Chart.
In the event that: (i) Sun determines that your issue can be addressed by shipping a replacement part to you for installation in your Hardware Product (a "Customer Replaceable Unit" or "CRU"), Sun will ship a replacement part to your site ("Replacement CRU"). Sun will use commercially reasonable efforts to send a Replacement CRU consistent with the response time set forth on the Product Warranty Chart. You are responsible for ensuring that the malfunctioning part or Hardware Product being replaced ("Malfunctioning Hardware") is returned to Sun in accordance with all Sun shipping or courier instructions. You agree to pay the published list price of any Replacement CRU in the event that you fail to return the corresponding Malfunctioning Hardware. Sun may withhold shipment of your Replacement CRU until Sun has received the Malfunctioning Hardware at a Sun-designated return center or may require that you provide a valid credit card or purchase order number to secure the return of Malfunctioning Hardware. You are responsible for shipping costs and bear the risk of loss associated with returning your Malfunctioning Hardware to Sun. Replacement CRUs will be of new or like-new quality. Title in all Malfunctioning Hardware shall transfer back to Sun upon removal from your system. Replacement CRUs assume the warranty status of the Hardware Product into which they are installed and have no separate or independent warranty of any kind.
If your Hardware Product warranty is designated as "Return to Sun" on the Product Warranty Chart, on-site warranty service is not available for your Hardware Product. Instead, all warranty service will be provided in accordance with the Replacement CRU shipment process described above.
It is your responsibility to back up all data on any hard drives or storage devices before returning Malfunctioning Hardware to Sun. Sun is not responsible for any data lost or damaged as part of the warranty return or repair process nor for any associated data restoration. Further, it is your responsibility to ensure that no confidential, proprietary, or personal information remains on your Malfunctioning Hardware before returning it to Sun.
All response times set forth on the Product Warranty Chart are estimates only. Sun will make commercially reasonable efforts to meet such response times; however, such response times are dependent upon factors such as location, resource availability, your enablement of remote support capabilities, and your availability. The response times set forth on the Product Warranty Chart apply to Hardware Products located within a thirty (30)-mile (fifty [50]-kilometer) radius of a Sun local service office. Add one (1) hour to on-site response time for each additional thirty (30) miles (fifty [50] kilometers). Please contact your Sun sales representative or Sun partner for more details.
In the event that a firmware or software update or upgrade is required in order to address your issue, Sun will provide you with instructions for obtaining the update or upgrade, which may include agreement to additional licensing terms. Unless otherwise designated on the Product Warranty Chart, you are responsible for performing all necessary updates or upgrades.
If your Hardware Product contains remote support capabilities, your failure to enable and use such capabilities during the warranty period may adversely impact Sun's ability to respond to your requests for warranty service.
Sun may require that you return your Hardware Product to the original factory-shipped hardware and software configuration before providing warranty service to you.
NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS WARRANTY (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE), HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT, BREACH OF WARRANTY OR IN TORT, INCLUDING NEGLIGENCE, AND EVEN IF THAT PARTY HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIABILITY FOR DAMAGES WILL BE LIMITED AND EXCLUDED, EVEN IF ANY EXCLUSIVE REMEDY PROVIDED FOR FAILS OF ITS ESSENTIAL PURPOSE. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS UPON CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOUR SOLE AND EXCLUSIVE REMEDY AND SUN'S ENTIRE LIABILITY FOR BREACH OF WARRANTY WILL BE: (A) THE REPAIR OR, AT SUN'S OPTION AND EXPENSE, REPLACEMENT OF THE DEFECTIVE PRODUCT, OR, IF SUCH REPAIR OR REPLACEMENT IS NOT REASONABLY ACHIEVABLE, THE REFUND OF THE PURCHASE PRICE. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, ARE HEREBY EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY LAW. SOME STATES AND JURISDICATIONS DO NOT ALLOW LIMITATIONS UPON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Nothing in this Sun Statement of Limited Warranty affects any statutory rights of consumers or other purchasers that cannot be waived or limited by contract. This limited warranty gives you specific legal rights, and you may also have other rights which vary from state to state, country to country and jurisdiction to jurisdiction.
