Warranty Information

I. Definition of Warranty Obligation:

PerifiTech of Ohio, Inc’s (PerifiTech) warranty obligations are limited to the terms set forth below. Please note that PerifiTech reserves the right to update from time to time the warranty terms provided for new purchases of PerifiTech products, and to establish the effective date of those updated warranty terms.

PerifiTech warrants to the original consumer purchaser (“you”) that new PerifiTech products will be free from defects in material and workmanship for the Standard Warranty Period for the relevant Product. The start of the warranty period is the documented date of your purchase of the product from PerifiTech or PerifiTech’s authorized reseller. In the absence of a documented purchase date, the start of the warranty period will be deemed the date of your purchase of the Product from its point of manufacture to PerifiTech’s customer. The Standard Warranty Period for the various Products marketed by PerifiTech and for the geographies in which they are sold is detailed below.

The warranty period on replacement Products is the remainder of the warranty on the original Product or 90 days, whichever is longer.

The Products are manufactured from parts and components that are new or equivalent to new in accordance with industry standards.

If you discover a defect in material or workmanship during the Standard Warranty Period, and PerifiTech agrees that the defect exists, PerifiTech will, at its option, repair or replace the Product at no charge to you, provided it is returned during the Standard Warranty Period, with transportation charges prepaid, to the facility designated by PerifiTech. The product must be properly packaged in PerifiTech or PerifiTech-approved packaging, with the Return Material Authorization clearly displayed on the outside of the packaging, to obtain warranty service. Products that fail within the first 30 days after purchase will be replaced with a new Product. PerifiTech may require proper proof of purchase documentation prior to issuing the replacement Product.

If PerifiTech elects to repair Product, PerifiTech owns all parts removed from the repaired Product. PerifiTech uses new and reconditioned parts made by various manufacturers in conjunction with warranty repairs and replacement Products. Repair parts or replacement Products may, at PerifiTech’s option, include an equal or better model or features.

PerifiTech has no responsibility whatsoever with regard to any content or data on returned Products.

To request warranty service and before returning a Product to PerifiTech, please contact the PerifiTech Service Center. Once the PerifiTech Service Center determines that a repair is required, PerifiTech will issue an RMA number. A copy of your receipt or bill of sale bearing the name and location of PerifiTech’s authorized reseller and PerifiTech serial number and model number of the Product in which the defect has been reported may be required as a proof of your purchase for warranty service. You are responsible for saving or backing up data contained in any Product returned to PerifiTech in conjunction with warranty or any other services. PerifiTech shall have no responsibility for such data whatsoever and shall have no liability arising out of any damage to, or loss or disclosure of, such data.

This limited warranty applies only to the PerifiTech products that can be identified by the original, unaltered PerifiTech trademark, trade name or logo affixed to them. PerifiTech does not warrant any product that is not manufactured by, for, or with permission from Perifitech.

This warranty does not cover any of the following conditions: • Abuse, unreasonable use mistreatment, or neglect • Unusual physical or electrical stress or power fluctuations • Damage caused during installation of the Product • Damage or capacity/performance/operational resetting caused by the equipment or system with which the Product is used • Damage caused by modification or repair not made or authorized by PerifiTech • Products whose PerifiTech Serial Number and/or Material Number label have been removed, torn or defaced • Damage caused by use of non-PerifiTech packaging • Damage caused by improper or improperly used packaging • Damage caused by lack of ESD protection • Products that are determined to be stolen

Further, this limited warranty is void if the Product cover, or any label or seal on the Product, is removed or damaged.

PerifiTech owns all parts removed from the repaired Products. PerifiTech uses new and reconditioned parts in performing warranty repairs and building replacement products.

FAILURE TO COMPLETE AND RETURN ANY PERIFITECH PRODUCT REGISTRATION FORM WILL NOT DIMINISH YOUR WARRANTY RIGHTS. THIS WARRANTY AND THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESSED, IMPLIED OR STATUTORY. PERIFITECH SPECIFICALLY DISCLAIMS TO THE MAXIMUN EXTENT PERMITTED BY LAW ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS AS TO THE PRODUCTS OR ANY OTHER MATTER WHATSOEVER. IN PARTICULAR, BUT WITHOUT LIMITATION, PERIFITECH SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ANY OTHER WARRANTY ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. THIS LIMITED WARRANTY DOES NOT APPLY TO, AND PERIFITECH MAKES NO WARRANTY TO YOU WITH REGARD TO, PRODUCTS ORIGINALLY SOLD AS AN INTEGRATED COMPONENT OF A SYSTEM NOT SUPPLIED MY PERIFITECH, OR PRODUCTS PROVIDED UNDER A THIRD PARTY LEASING OR SERVICE ARRANGEMENT. No PerifiTech distributor, reseller, dealer, agent or employee is authorized to make any modification, extension or addition to this warranty.

PERIFITECH IS NOT RESPONSIBLE OR LIABLE FOR ANY INDIRECT, UNFORSEEABLE, SPECIAL, INCIDENTAL OR CONSEQUENNTIAL DAMAGES HOWEVER CAUSED AND WHETHER OR NOT PERIFITECH WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO, COSTS OR PROCUREMENT OF SUBSTITURE GOODS, LOSS OF DATA OR PROGRAMS, LOST PROFITS, DOWNTIME, GOODWILL, DAMAGE OR REPLACEMENT OF EQUIPMENT AND PROPERTY, AND ANY COSTS OR RECOVERING, PROGRAMMING OR REPRODUCING ANY PROGRAM OR DATA STORED IN OR USED WITH PERIFITECH PRODUCTS OR ANY OTHER DAMAGES ARISING OUT OF THE PURCHASE, USE OR PERFORMANCE OF THE PRODUCT. PerifiTech is not, and cannot be, responsible for any losses or damages arising out of any loss of, or any inability to access, data as a result from the failure of a Product, and accordingly you bear this risk. The allocation of risk under this limitation of liability is reflected in the purchase price of the Product. This limitation of liability, however, will not apply to claims for death or personal injury caused by the negligence of PerifiTech or its associated companies, officers, representatives or agents.

Please note that you are expressly not permitted to use the PerifiTech Products in conjunction with the operation or nuclear facilities, aircraft navigation, aircraft communication, aircraft flight control, aircraft air traffic control systems, weapons devices or systems, or in any devices or systems in which a malfunction (including, without limitation, software related delay or failure) would result in foreseeable risk of injury or death to the operator of the device or system, or to others.

This Statement of Limited Warranty shall be exclusively interpreted in accordance with the English language with the meaning of its terms. Should a translation of this Limited Warranty deviate from the English language version, only the English language version shall apply and be binding.

II. Warranty Periods:

PerifiTech Servers (Pentium, Dual Pentium, Xeon, Dual Xeon and Quad Xeon), and PowerStations:

2 (two) years limited warranty; Parts and Labor prior to July 1, 1998

3 (three) years limited warranty; Parts and Labor


Extended warranties available


Radium Arrays, DAT, DLT:

2 (two) years limited warranty; Parts and Labor


Disks (SCSI) :

5 (five) years limited warranty; Parts and Labor

Includes Disks integrated in Radium Arrays

All other products not listed above (1) year warranty.

III. Software:

No warranty other than the guarantee to conform to the manufacturer’s written product description. Software
will be upgraded, as necessary, to meet these requirements. Fixes are upgraded at no charge; enhancements
can result in nominal upgrade charges.

All respective manufacturers’ warranties are in effect by the agreement through PerifiTech. No other
warranties, expressed or implied, by PerifiTech or any of its representatives, are in effect. All business
partners are in agreement that no Reseller alterations, modifications, or unauthorized service work are
permitted. In such an event, repair and return to original specification shall be done at the sole cost of the
Reseller, and all original manufacturer warranties will be considered void.