WARRANTY POLICY
In the event the Product does not conform to the specification within SSTC agreed warranty period and such inconformity is solely attributable to SSTC’s cause, SSTC agrees at its discretion replace or repair the nonconforming Product. Notwithstanding the foregoing, the aforementioned warranty shall exclude the inconformity arising from, in relation to or associated with:
(1) alternation, modification, improper use, misuse or excessive use of the Product.
(2) failure to comply with SSTC’s instructions.
(3) SSTCs compliance with customer (including customer’s suppliers, subcontractors or downstream customers) indicated instructions, technologies, designs, specifications, materials, components, parts.
(4) combination of the Product with other materials, components, parts, goods, hardware, firmware, or software not developed by SSTC; or
(5) other error or failure not solely attributable to SSTC’s cause (including without limitation, normal wear or tear, manufacturing or assembly wastage, improper operation, virus, unauthorized maintenance, or repair).
EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, THE PRODUCT IS PROVIDED “AS IS,” AND SSTC MAKES NO OTHER WARRANTIES (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) REGARDING THE PRODUCT OR ANY PORTION OF IT. SSTC SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT. UNLESS OTHERWISE SSTC AGREED IN WRITING, SSTC DOES NOT RECOMMEND NOR WARANT PRODUCTS FOR USE IN LIFE SUPPORT, NUCLEAR, MEDICAL, MILITARY, TRANSPORTATION, AUTOMOTIVE, AVIATION, AEROSPACE INDUSTRY OR OTHER APPLICATIONS WHEREIN A FAILURE OR DEFECT OF THE PRODUCT MAY THREATEN LIFE, INJURY, HEALTH, LOSS OF SIGNIFICANT AMOUNT OF MONEY (“CRITICAL USE”), AND CUSTOMER AND USER HEREBY ASSUMES ALL RISK OF ANY CRITICAL USE OF THE PRODUCT.
Warranty Condition
Limited warranty based on 3 years or announced TBW (*), whichever comes first.
*TBW (Terabyte Written): is a measurement of SSDs’ expected lifespan, which represents the amount of data.
For more information, please visit website https://sstc.com.vn
Warranty Claims
SSTC reserves the right to:
• Deem the condition of the returned product upon inspection and verification.
• Collect a service charge and/or shipping fees at the customer’s expense for any product returned in non-defective or improper condition.
• Hold any product unapproved for return- any returned product must follow the proper RMA procedures as instructed, with shipping fees covered at the customer’s expense prior to releasing and shipping the product back to the sender.
• Select the method of service as either for repair or replacement- SSTC will select and deem suitable replacement products, valued at equal or greater performance.
SSTC holds no liability in:
• Damage to any returned product caused by improper packaging.
• Damage to any product caused in transit or by improper handling on the shipping carrier.
• Lost or damaged personal data, and personal accessories or belongings.
Shipping
• The customer will cover any shipping and handling costs for 1-way shipping to the designated RMA facility.
• SSTC will not be held liable for any damage caused to any product in transit or by the shipping carrier.
• SSTC will choose the shipping method and carrier and cover any shipping and handling costs for 1-way shipping back to the customer to complete an authorized RMA.
• SSTC will not ship to any P.O boxes, military addresses (including APO, FPO, MPO, etc.), and destinations outside of the United States (*).
*Applicable for customers residing in the US only.
Liability
SSTC'S AGGREGATE LIABILITY TO CUSTOMER WHETHER FOR NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR OTHERWISE SHALL IN NO CIRCUMSTANCE EXCEED THE COST OF THE DEFECTIVE, NON-CONFORMING, DAMAGED OR UNDELIVERED GOODS WHICH GIVE RISE TO SUCH LIABILITY AS DETERMINED BY NET PRICE INVOICES TO CUSTOMER IN RESPECT OF ANY OCCURRENCE OR SERIES OF OCCURRENCES.
Subject to the foregoing all conditions, warranties, and representations, including (but not limited to) any warranty against patent infringement, express or implied by statute law or otherwise, in relation to the Goods are excluded. Furthermore, SSTC shall be under no liability to Customer for any loss or damage resulting from defective material, faulty workmanship or otherwise howsoever arising out of the sale and/or sales related agreement and whether or not caused by the negligence of SSTC, its servants or agents, save that SSTC shall accept liability for willful misconduct, gross negligence and death or personal injury caused by the negligence of SSTC.
In no circumstances will SSTC be liable to Customer for any indirect, incidental or consequential loss or damage, including without limitation loss of anticipated profits, goodwill, reputation, business receipt or contract or losses or expense resulting from third party claims.
Force Majeure
Neither Party shall be liable for its failure to perform any of its obligations hereunder during any period in which such performance is delayed or made impossible by force majeure included but not limited to fire, flood, war, embargo, riot, labor unrest (including but not limited to strike, go-slow, work to rule), or the intervention of any governmental authority, provided that the Party who cannot perform because of such force majeure notifies the other Party of the delay and the reasons thereof. If
a. the force majeure continues for a cumulative period of thirty (30) days, and
b. the situation of force majeure causes serious damage to the Party whose rights are affected by the force majeure, such Party may terminate the sale and/or to the sale related agreement by sending a written termination notice pursuant to the Party who cannot perform as a result of force majeure.
The Party so terminating the sale and/or any sales agreement between Parties shall not be liable to the other Party for any damages suffered by such party as a result of the termination.
Confidentiality
Customer shall not disclose to any third-party confidential information received from SSTC in connection to the sale and/or sales related agreement and shall use the information for performance of obligations under the sales related agreement only, except as required by law or with written prior approval of SSTC.
Termination
If a petition for bankruptcy is filed against either Party, or if a trustee is appointed or either Party's business or either Party makes a general assignment for the benefit of creditors, or in case of any type of in or out of Court insolvency proceedings, be it voluntary or involuntary, or due to actions of third parties, including but not limited to the attachment of properties, or any other analogous proceeding is instituted in any jurisdiction, whereby the day to day operations of a Party are disturbed in such a manner that its compliance with the terms and conditions of the sale and/or any sales related agreement is thwarted, the other Party shall have the right to terminate the sale and/or sales related agreement with immediate effect by written notice pursuant by any method.
Upon termination of any sale and/or sales related agreement pursuant, any indebtedness of Customer to SSTC shall become immediately due and payable and SSTC shall be relieved of any further obligation to supply any Goods to Customer pursuant to such sale and/or sales related agreements.