Warranty Terms & Conditions

Buyer accepts these Terms by signing and returning Seller's quotation, by sending a purchase order in response to the quotation, by submitting instructions to Seller to ship the Product, or by accepting or paying for the Product or service. No additional or different terms, conditions or warranties other than those identified in the quotation, and no agreement or understanding, oral or written, purporting to modify these Terms, shall be binding upon Seller unless hereafter made in writing, signed by Seller's authorized representative, and specifically referencing these Terms. Buyer is hereby notified of Seller's express rejection of any terms inconsistent with these Terms.

All Buyer Purchase Orders must include, at a minimum: customer name, purchasing agent's name, phone and email address, authorizing signature, ship-to address, billing address, Seller's quote number, Seller's part number (if applicable), Buyer's part number (if applicable), quantity required, payment terms, unit price, delivery schedule, freight billing method, and any special terms or requirements.

All Buyer Purchase Orders shall be submitted to: sales@us.contec.com. Seller will review the purchase order and will acknowledge acceptance to the Buyer in writing.

The purchase price includes the costs of standard packaging but excludes: (a) transportation, customs duties, insurance or any other costs or fees applicable to sale and delivery; and (b) any federal, state, municipal or other governmental tax applicable to the sale. All such taxes shall be paid by Buyer unless otherwise agreed to or required by law.

Buyer must provide Seller with a valid, current, and accurate tax-exemption certificate to be exempt from applicable taxes. Full purchase price shall be due and payable thirty (30) days after receipt of invoice unless prepayment is required. All past due payments bear interest at one and one-half percent (1.5%) per month on the unpaid balance or the maximum allowed by law, whichever is greater.

Upon delivery by Seller, all Products are deemed accepted by Buyer ten (10) days after receipt of delivery.

All Products are shipped Ex-Works (INCOTERMS 2020) from Seller's plant. Delivery shall occur and title and risk of loss shall pass to Buyer upon delivery of Products to the Ex-Works point. All shipping dates are reasonable commercial estimates and Seller has no liability for any delay in shipment.

A. Limited Warranty. Seller warrants that from the date of delivery through the end of the applicable warranty period, products will conform to Seller's published specifications at time of sale and be free from defects in materials and workmanship, under proper use and service. Full warranty terms, periods by product type, RMA procedures, and service options are detailed in Section 02 of this page.

B. Warranty Exclusions and Disclaimers. Seller makes no other express or implied warranties, including but not limited to fitness for a particular purpose. Seller expressly disclaims any warranty where the alleged nonconformity is due to normal wear and tear, alteration, modification, repair, attempted repair, improper use, improper maintenance, neglect, abuse, improper storage, failure to follow any product instructions, or any other improper use or handling caused by anyone other than Seller or Seller's expressly authorized designee.

Products shall not be returned to Seller without its written consent. Return instructions can be found at Product Returns. Seller shall pay the cost of returning to Buyer Products that are repaired or replaced under Warranty.

Except for the right to use the purchased Products for their intended purpose, the sale of Products by Seller does not convey to Buyer or any other third party any license, implied or otherwise, under any Intellectual Property. This license shall continue until terminated in accordance with the agreement, or for the useful life of the Product.

Notwithstanding warranty repair or replacement, Seller accepts NO LIABILITY for any claims arising out of or relating to these Terms, the Products, or the Contract exceeding the amount of the invoice for the products upon which such claims are based, including but not limited to claims for consequential, incidental, indirect, special or punitive damages, or damages claims by any third party, whether or not the claims are based in Contract, Tort (including negligence and strict liability) or otherwise, even if Seller was advised of the possibility of such damages. THE LIMITED LIABILITY AVAILABLE UNDER THIS SECTION SHALL TERMINATE ONE YEAR FROM DELIVERY.

Any claim, dispute, or controversy between the Buyer and Seller arising from or relating to these Terms and Conditions shall be governed by and construed under the laws of the State of Florida without regard to the principles of conflicts of law and shall be subject to the exclusive jurisdiction and venues of the State Courts in the State of Florida, County of Brevard. The United Nations Convention for the International Sale of Goods is expressly excluded. The prevailing party in any dispute shall be entitled to reasonable Attorney's fees and costs.

Seller reserves the right, in its sole discretion, to decline or cancel any order for any reason. Following Seller's acknowledgement of an order, the order may only be cancelled by Buyer with the express written consent of Seller and may be subject to a restocking fee and any applicable material, labor, service, or other costs and fees.

EACH PARTY SHALL COMPLY WITH EXPORT LAWS THAT ARE APPLICABLE EITHER TO THE INFORMATION OR PRODUCTS.

Neither party shall be responsible for delays or failure in performance of the agreement (other than failure to pay any amounts due) to the extent that such party was hindered in its performance by any act of God, civil commotion, labor dispute, unavailability or shortages of materials, or any other occurrence beyond its reasonable control.

If the Product(s) contain or include Software from Buyer, Buyer grants Seller a nonexclusive, perpetual license to use the Software only on and in conjunction with the Products. Seller agrees that title remains with Buyer and Seller shall not disassemble, decode, or translate the Software, or copy or modify the Software in any manner except for archival or back-up purposes. Any quoted product architecture is a CONTEC proprietary design configuration intended solely for CONTEC products purchased by the Customer and may not be reproduced in part or in whole without the express written permission of CONTEC.

Buyer may not assign any right or delegate any duty under the agreement without the express written consent of Seller, which shall not be unreasonably withheld.

Buyer agrees that it will not use in any manner unrelated to the agreement any name or trademark of Seller without the express written consent of Seller.

If any of these Terms or part thereof is held to be invalid, illegal, or unenforceable by law, all other Terms and the parts of any Term not held to be invalid, illegal, or unenforceable shall remain in full force and effect.

Each party shall treat all information received from the other party marked "Confidential" or reasonably obvious as confidential as it would treat its own confidential information.

The parties expressly acknowledge that these Terms are complete, are an essential part of the agreement, and supersede all prior negotiations, agreements, and understandings of the parties regarding the subject matter of these Terms. These Terms may only be modified by the express written consent of Seller.

Incorporated by reference herein, you can find all current Contec Policies, Products, Warranties, and Notices via www.contec.com. The Terms in place at the time of this agreement govern this agreement.

Contec Americas Inc. provides a standard warranty with all distributed products such as motherboards, RAID controllers, and similar components. Contec will provide a replacement for any defective product within 30 days of the original shipment date as documented on the associated Contec invoice, provided that a Contec RMA number was issued prior to the return of the product.

For product failures beyond the initial 30-day period, Contec will coordinate returns for product rework with the original product manufacturer. Unless otherwise stated, the rework warranty from the manufacturer is twelve (12) months from the date of the associated Contec invoice.

Contec provides a standard warranty on all custom integrated computer products and custom integrated display products. Warranty terms are for depot rework at the Contec Melbourne, Florida integration facility and begin on the date of product shipment as reflected on the associated Contec invoice.

The duration of the warranty is 12 months from the date of shipment as documented on the associated Contec invoice. A different warranty period may apply based on the warranty option selected by the customer and documented on the related Contec quotation.

The Contec standard warranty is extended to the original purchaser, or in the case where the original purchaser is an Original Equipment Manufacturer (OEM) or Value Add Reseller (VAR), the original end user. Reworks and/or replacements made under this warranty will carry only the balance of the original warranty as defined in Sections 2.1 and 2.2 above.

The requestor of warranty services must have the original Contec invoice or other adequate proof of purchase. Other than the original invoice, adequacy of proof of purchase is solely at the discretion of Contec. The warranty is non-transferable.

During the warranty period, Contec will provide level one technical support for distributed products, and additional technical support for all Contec custom integrated computer systems and displays. Contec technical support is available from 8:00 AM until 5:00 PM EST, Monday through Friday, at (888) 285-0172.

Contec technical support will assist in the evaluation of a problem and, where appropriate, initiate the return process. If a return is required, Contec's RMA department will issue a Return Materials Authorization (RMA) number and provide instructions on how to process the return. When calling for an RMA number, customers should have ready:

• Computer system serial number or component serial number
• A brief but concise description of the problem
• The Contec invoice number or original customer P.O. number

No returned material will be accepted by Contec without an RMA number obtained in advance and clearly marked on the outside of the shipping container. The RMA number is not to be marked on the original manufacturer's packaging.

All products to be returned must be in the original manufacturer's undamaged packaging with all accessories shipped with the original product, including cables, disks, and manuals. If you did not retain the original packaging materials and are unable to locate comparable packaging, please contact the Contec Materials department for current pricing on replacement packaging.

The cost of incoming freight and insurance is the responsibility of the customer. The costs of product rework and standard return freight within the United States are the responsibility of Contec. Shipments to other locations will be made freight collect.

The customer will pay list price for missing or physically damaged parts on the returned product. Contec only warrants that the product will meet the performance and testing parameters defined in the product's associated customer quotation or contract, or Contec internal work instructions and specifications as appropriate. Contec does not warrant that the reworked product will be suitable for any specific application. The Contec warranty specifically excludes any consequential damages arising from the product's use by the end customer.

The Contec limited warranty covers only those defects which arise from normal use of the hardware and does not apply to the following:

• Improper or inadequate maintenance
• Incompatibilities due to the user's hardware or software applications
• Products of a special or custom-made nature outside normal specifications
• Unauthorized modification or misuse
• Improper installation, misapplication, or negligence
• Operation outside the product's environmental specifications
• Improper site preparation or maintenance
• Reworks necessitated by software problems, or as a result of alteration, adjustment, or rework by anyone other than Contec or its authorized representatives
• Other causes that do not relate to product defect
• Defects or damage suffered as a result of force (including theft) or normal wear and tear
• Damage caused as a result of a virus introduced into the system by the end user
• Problems caused by use of parts and components not supplied by Contec or added to the system after shipment from Contec

Contec is not obligated to rework any system or component damaged as a result of: (i) accident, misuse, or abuse; (ii) an act of God such as lightning, flooding, tornado, earthquake, or hurricane; or (iii) the moving of the system from one geographic location to another or from one entity to another.

Contec reserves the right to either rework or replace, at its sole discretion, any product returned to Contec under the terms of this warranty. Replaced product may not be new, provided that it is functionally equivalent to the product being replaced. Contec may use new and reconditioned parts made by various manufacturers when performing warranty reworks or building replacement products. Contec owns all parts removed from reworked systems. Contec will endeavor to complete the rework or replacement as quickly as possible subject to parts availability and market conditions.

A no problem found fee of $100 will be charged on any assembly returned for rework and subsequently found to be in normal working condition.

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE (OR JURISDICTION TO JURISDICTION). CONTEC'S RESPONSIBILITY FOR MALFUNCTIONS AND DEFECTS IN HARDWARE IS LIMITED TO REWORK AND REPLACEMENT AS SET FORTH IN THIS WARRANTY STATEMENT. ALL EXPRESS AND IMPLIED WARRANTIES FOR THE PRODUCT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THE WARRANTY PERIOD SET FORTH ABOVE AND NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, WILL APPLY AFTER SUCH PERIOD. SOME STATES (JURISDICTIONS) DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.