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This warranty is void with respect to any product whose casing has been opened prior to its
return.
Olixir's warranty obligations are limited to terms set forth in this warranty statement. Subject to the
product warranty exceptions and limitations set forth herein, Olixir warrants only to the original
consumer purchaser that new Olixir products will be free from defects in material and workmanship
for three (3) years from date of original purchase. Notwithstanding the foregoing, with respect to
desktop docking stations, rackmounts, docking bays, and tower chassis (including all internal
components such as motherboards, fans, power supplies, wiring, and the like) that are provided by
Olixir and comprise part of an Olixir product, Olixir warrants only to the original consumer purchaser
that such items will be free from defects in material and workmanship for one (1) year from date of
original purchase, subject to the limitations set forth in this warranty statement.
This warranty is not applicable to: abnormal wear and tear; abuse, unreasonable use, mistreatment or
neglect; failure to maintain the product in accordance with suggested maintenance procedures set
forth in Olixir's product user manual; damage caused during installation of the product; damage
caused by drops above published distance or use beyond shock specifications, or beyond operational
and non-operational vibration specifications applicable to the product; damage caused by use beyond
temperature specifications; damage caused by the equipment or system (including embedded third
party software under separate warranty) with which the product is used; damage caused by
modification or repair not made or authorized by Olixir; any product whose Olixir Serial Number has
been removed or defaced; damage caused by liquids in the product case; damage or normal wear to
the product's interface or connectors; damage caused by use of non-Olixir packaging or non-Olixir
products; damage caused by improper or improperly used packaging; products that are determined to
be stolen; and damage caused by accident, misuse, abuse, use of non-Olixir approved media,
exposure of media to magnetic fields, or other external environmental causes. In addition to the
foregoing, if during use, a product's shock sensor turns red with respect to any drives with the sensor
installed, it means the drive has experienced a shock beyond its specified limit, and this shall
invalidate the warranty. If a shock sensor is not installed or the product has been used other than
within the limits of the shock and vibration specifications set forth on the applicable product data
sheet, the warranty shall be invalid. In addition, regarding the use of Olixir drives (ie., hard drives or
flash drives) with rackmount or tower systems: if the customer purchases a rackmount/ tower
chassis and drive from Olixir at different times, it is the customer's responsibility to contact Olixir to
verify that the proposed purchases have been validated as technically compatible by Olixir in order to
qualify for coverage under this warranty. In the absence of such required validation, Olixir shall have
no obligation to customer hereunder for rework, service, refund, or exchange for any compatibility
issues. In the event of any dispute or controversy, it shall be the customer's responsibility to prove
that a product has been used only in accordance with all applicable specifications.
Excluded Products
This warranty does not apply to: (a) Olixir software products; (b) expendable components such as
fuses and bulbs; (c) third party products, hardware or software, supplied with, included as part of, or
bundled with or incorporated into the warranted product. Olixir makes no warranty of any kind as to
such software, expendable or non-Olixir products which, if included, are provided "As-Is." For the
avoidance of doubt, all such excluded products will be governed only by the specific warranty terms of
the applicable third-party component or software provider and not by the terms of this warranty
(whether or not the third-party's documentation of any such third-party warranty has been included
with the shipment to customer of the Olixir product).
In addition, with respect to "
hepa-filters" that may be installed in an Olixir product, Olixir warrants
ONLY the proper attachment or installation of the filter to the product when the product is delivered
by Olixir. Proper maintenance of such filters pursuant to maintenance procedures recommended by
Olixir is the sole responsibility of the purchaser of the product, and Olixir disclaims all liability for any
damage to the filter or to the product to which it is attached (including without limitation all reliability and operational issues of the product) resulting from improper maintenance of the filter. Improper
maintenance of "
hepa-filters" includes without limitation exposure of the filter to any fluid, and failure
to maintain the filter on a regular basis (pursuant to procedures set forth in Olixir's product user
manual) to remove dust and other debris which may accumulate and thereby prevent proper airflow
within the product and result in overheating. If a filter cannot be properly maintained by the
purchaser due to damage or an accumulation of debris or liquid build-up over time, then the
purchaser should place a service order with Olixir to replace the filter as soon as possible.
Remedies
Subject to the last sentence of this paragraph, your sole and exclusive remedy for a covered defect is
repair or replacement of the defective product, at Olixir's sole option and expense, provided you
return the defective product to Olixir during the warranty period with transportation charges pre-paid.
Olixir may use new or refurbished parts or products to repair or replace the defective product and
shall have the right to replace a defective disk drive with a higher capacity drive. If Olixir is unable to
repair or replace a defective product, your alternate exclusive remedy shall be to apply for a refund of
the original purchase price less an allowance for prorated use, provided that no refund shall be
available or granted without the express written agreement of Olixir identifying the number and type
of drives to be returned to which the refund shall apply. Your sole and exclusive remedy for any defect
in third-party software that has been supplied with, included as part of, or bundled with or
incorporated into the warranted Olixir product is as set forth under such third-party's separate
warranty (whether or not the third-party's documentation of any such third-party warranty has been
included with the shipment to customer of the Olixir product).
THE ABOVE IS OLIXIR'S ENTIRE OBLIGATION TO YOU UNDER THIS WARRANTY. IN NO EVENT SHALL
OLIXIR BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OR LOSSES,
INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF PROFITS, DOWNTIME, GOODWILL,
DAMAGE OR REPLACEMENT OF EQUIPMENT OR PROPERTY, OR ANY COSTS OF RECOVERING,
PROGRAMMING OR REPRODUCING ANY PROGRAMS OR DATA STORED OR USED WITH OLIXIR DISK
DRIVES OR OLIXIR PRODUCTS CONTAINING DISK DRIVES OR ANY SOFTWARE PRODUCT
DISTRIBUTED THEREWITH, EVEN IF OLIXIR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL OLIXIR'S LIABILITY EXCEED THE ORIGINAL PURCHASE PRICE OF THE
OLIXIR PRODUCT.
Obtaining Warranty Service
This warranty is void with respect to any product whose casing has been opened prior to return. Products must be properly packaged in Olixir packaging or Olixir approved packaging to
obtain warranty service. A copy of the receipt or a bill of sale bearing the appropriate Olixir serial
number and model number may be required for warranty service.
If the Olixir representative determines your product is eligible for warranty service review, you will be
required to return it to Olixir, shipping prepaid, along with the RMA number. Olixir will not protect,
recover, or return data during warranty service so you should duplicate all data before shipment.
If, after inspection, the product is found by Olixir to not to be covered by the warranty, it will be
returned to you unrepaired through freight collect.
In the event that a replacement product of appropriate capacity and type is temporarily not in stock,
Olixir will wait until an original replacement product is available for shipment. If, in Olixir's sole
judgment, the delay will be more than 60 days or if the original product has been discontinued, Olixir
reserves the right to return a replacement product of comparable or higher capacity and type. Olixir
will strive to minimize any unnecessary delays. |
Shipping Costs
Customers within the contiguous United States:
If the product is returned within thirty (30) days after shipment by Olixir and found to be defective,
Olixir will reimburse you for the cost of ground shipment to Olixir. If returned more than thirty (30)
days after shipment by Olixir, Olixir will not reimburse you for the cost of shipment to Olixir. Olixir will
cover the cost of shipment by ground to you of repaired or replacement products for those found to be
defective under the warranty. You are responsible for purchasing insurance coverage both to and from
Olixir, if desired. By written request, you may obtain more expedited delivery of replacement products
and insurance on the return shipment, each at your expense.
Customers outside of the contiguous United States who purchased International Shipping Coverage:
If the product is returned within thirty (30) days after shipment by Olixir and found to be defective,
Olixir will reimburse you for the cost of ground shipment to Olixir. If the product is returned more
than thirty (30) days after shipment by Olixir, you are responsible for shipping costs to Olixir. Olixir
will pay the cost of shipment by UPS Worldwide Expedited ground to you of repaired or replacement
products for those found to be defective under the warranty. You are responsible for purchasing
insurance coverage both to and from Olixir, if desired. By written request, you may obtain more
expedited delivery of replacement products and insurance on the return shipment, each at your
expense.
Customers outside of the contiguous United States who did NOT purchase International Shipping Coverage:
You are responsible for all shipping costs to Olixir. If the product is returned within thirty (30) days
after shipment by Olixir and found to be defective under the warranty, Olixir will pay the cost of
shipment by UPS Worldwide Expedited service of repaired or replacement products to the nearest
major port of entry in the contiguous United States, as determined by Olixir, and you are responsible
for the cost of shipment from that port to your destination. If returned more than thirty (30) days
after shipment by Olixir, Olixir will not pay the cost for shipping to you of repaired or replacement
products. You are responsible for purchasing insurance coverage both to and from Olixir, if desired. By
written request, you may obtain expedited delivery of replacement products and insurance on the
return shipment, each at your expense.
Limitations
THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL OR
WRITTEN, EXPRESSED OR IMPLIED. OLIXIR SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND AGAINST INFRINGEMENT.
Additionally, Olixir does not warrant that the installation software for Macintosh OS and Windows OS
will meet your requirements for performance or results or that the operation of the software will be
uninterrupted or error free. No Olixir dealer, reseller, agent or employee is authorized to make any
modification, extension or addition to this warranty.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential
damages or exclusions of implied warranties, so the above limitations or exclusions may not apply to
you. This warranty gives you specific legal rights, and you may also have other rights that vary from
jurisdiction to jurisdiction. Any suit for breach of any warranty must be filed within one (1) year of the
first date the suit could have been brought.
Changes are periodically made to the information herein which will be incorporated in the revised
editions of this publication. Olixir may make changes or improvements in the product(s) covered by
this warranty at any time without notice and without further obligation to you. |