VolumePro 1000 Support

VP1000WA Annual Hardware Warranty Option: Part Number: 91-0007

TeraRecon, Inc. used new and reconditioned parts made by various manufactures in performing warranty repairs and building replacement Products.

BY ACCEPTING THIS AGREEMENT, YOU AGREE TO BE BOUND BY AND ACCEPT THE TERMS AND CONDITIONS HEREIN. THESE TERMS AND CONDITIONS (THE "CONTRACT") WILL SUPPLEMENT THE TERMS AND CONDITIONS OF ANY APPLICABLE OVERRIDING SIGNED AGREEMENT BETWEEN YOU AND TERARECON'S OR TERARECON'S STANDARD INVOICE TERMS AND CONDITIONS OF SALE. THIS CONTRACT IS BETWEEN YOU AND TERARECON AS SPECIFIED IN THE AFOREMENTIONED SIGNED AGREEMENT OR TERARECON?fS STANDARD INVOICE TERMS AND CONDITIONS.

Warranty Exclusions:

THE FOREGOING LIMITED WARRANTY SHALL NOT APPLY TO PRODUCTS THAT HAVE BEEN SERVICED OR REPAIRED OTHER THAN AUTHORIZED BY TERARECON, INC. AND BY ITS APPROVED PROCEDURES, THAT HAVE BEEN SUBJECTED TO MISUSE, ABUSE, IMPROPER MAINTENANCE, NEGLIGENCE OR ACCIDENT, THAT HAVE BEEN DAMAGED BY EXCESSIVE PHYSICAL OR ELECTRICAL STRESS, THAT HAVE HAD THEIR SERIAL NUMBER OR ANY PART THEREOF ALTERED, DEFACED OR REMOVED OR WHERE ANY NON-COMPLIANCE IS DUE TO USE OF THE PRODUCTS WITH PRODUCTS OR SOFTWARE FROM VENDORS OTHER THAN TERARECON, INC., FROM CORRUPT DATA OR VIRUSES, SERVICING BY NOT AUTHORIZED TERARECON, INC.

FURTHER, THE FOREGOING LIMITED WARRANTY IS FOR THE BENEFIT OF TERARECON, INC.'S DIRECT CUSTOMER ("CUSTOMER") ONLY AND NO THIRD PARTY. CUSTOMER SHALL HAVE NO RIGHT TO MAKE ANY WARRANTIES ON BEHALF OF TERARECON, INC. OR TO PASS ON TO ANY THIRD PARTY ANY WARRANTIES MADE BY TERARECON, INC. TO CUSTOMER WITH RESPECT TO PRODUCTS. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR ANY AND ALL WARRANTIES, CLAIMS, REPRESENTATIONS OR OTHER STATEMENTS MADE BY CUSTOMER TO ANY END-USER OR OTHER THIRD PARTY WITH RESPECT TO THE PRODUCTS AND FOR ANY REPAIR, SERVICE OR REPLACEMENT OF ANY PRODUCTS PURSUANT TO ANY WARRANTY PROVIDED BY CUSTOMER.

NOTHING HEREIN WILL AUTHORIZE CUSTOMER OR ANY OTHER PERSON TO OPERATE THE PRODUCTS FURNISHED SO AS TO IMPOSE ANY LIABILITY OR OTHER OBLIGATION ON TERARECON. TERARECON'S TOTAL LIABILITY TO CUSTOMER ON ANY CLAIM, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, ARISING OUT OF OR RESULTING FROM THIS AGREEMENT, OR FROM ITS PERFORMANCE OR BREACH HEREOF, OR FROM THE PRODUCT FURNISHED TO CUSTOMER, SHALL NOT EXCEED THE COST OF THE SPECIFIC PIECE(S) OF PRODUCT FURNISHED TO CUSTOMER WHICH GIVES RISE TO THE CLAIM. IN NO EVENT, WHETHER AS A RESULT OF BREACH OF CONTRACT, WARRANTY, TORT INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, SHALL TERARECON BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS, BENEFITS OR REVENUES, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT OR SOFTWARE, DAMAGE TO ASSOCIATED EQUIPMENT OR SOFTWARE, COST OF CAPITAL, COST OF SUBSTITUTE PRODUCTS, FACILITIES, SERVICES, REPLACEMENT POWER OR DOWNTIME COSTS, EVEN IF TERARECON SPECIFICALLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Warranty Disclaimers:

EXCEPT AS EXPRESSLY PROVIDED IN THE FOREGOING LIMITED WARRANTY, TERARECON, INC. MAKES NO OTHER WARRANTIES OF ANY KIND WHATSOEVER TO CUSTOMER, ITS CUSTOMERS, END-USERS OR ANY THIRD PARTIES WITH RESPECT TO THE PRODUCTS AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Price Effective 10 June 2002
Price, Terms and Conditions to change without notice

Limited Warranty:

Our comprehensive Limited Warranty backs VolumePro® 1000 for a period of one (1) year from date of shipment to be free from defects in material and workmanship provided that the Products are installed, operated and maintained in accordance with TeraRecon, Inc. specifications. TeraRecon, Inc. warrants that its VolumePro® 1000 products ("Products") shall comply with the specifications therefore. Products purchased under this Agreement will be newly manufactured by TeraRecon, Inc. from new parts or serviceable used parts that are equivalent to new in performance.

During the warranty period, in the event that the Products do not comply with the specifications therefore, TeraRecon, Inc. shall repair or replace, at TeraRecon, Inc.'s option, the non-compliant Products. Warranty service is return to factory. Repaired or replacement Products will be shipped by ground shipment approximately 10 business days of TeraRecon, Inc.'s receipt of non-compliant product with valid RMA per the Product Return Policy.

Products repaired or replaced by TeraRecon, Inc. shall be warranted through the expiration of the warranty period originally applicable thereto or for 30 days from the date of shipment, whichever is later.

TeraRecon, Inc. used new and reconditioned parts made by various manufactures in performing warranty repairs and building replacement Products.

Warranty Exclusions:

THE FOREGOING LIMITED WARRANTY SHALL NOT APPLY TO PRODUCTS THAT HAVE BEEN SERVICED OR REPAIRED OTHER THAN AUTHORIZED BY TERARECON, INC. AND BY ITS APPROVED PROCEDURES, THAT HAVE BEEN SUBJECTED TO MISUSE, ABUSE, IMPROPER MAINTENANCE, NEGLIGENCE OR ACCIDENT, THAT HAVE BEEN DAMAGED BY EXCESSIVE PHYSICAL OR ELECTRICAL STRESS, THAT HAVE HAD THEIR SERIAL NUMBER OR ANY PART THEREOF ALTERED, DEFACED OR REMOVED OR WHERE ANY NON-COMPLIANCE IS DUE TO USE OF THE PRODUCTS WITH PRODUCTS OR SOFTWARE FROM VENDORS OTHER THAN TERARECON, INC., FROM CORRUPT DATA OR VIRUSES, SERVICING BY NOT AUTHORIZED TERARECON, INC.

THIS LIMITED WARRANTY ALSO DOES NOT COVER ANY ITEMS THAT ARE IN ONE OR MORE OF THE FOLLOWING CATEGORIES: SOFTWARE, OTHER HARDWARE DEVICES EITHER INTERNALLY OR EXTERNALLY, ACCESSORIES OR PARTS ADDED TO A VOLUMEPRO 1000 AFTER IT IS SHIPPED FROM TERARECON, INC.

FURTHER, THE FOREGOING LIMITED WARRANTY IS FOR THE BENEFIT OF TERARECON, INC.'S DIRECT CUSTOMER ("CUSTOMER") ONLY AND NO THIRD PARTY. CUSTOMER SHALL HAVE NO RIGHT TO MAKE ANY WARRANTIES ON BEHALF OF TERARECON, INC. OR TO PASS ON TO ANY THIRD PARTY ANY WARRANTIES MADE BY TERARECON, INC. TO CUSTOMER WITH RESPECT TO PRODUCTS. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR ANY AND ALL WARRANTIES, CLAIMS, REPRESENTATIONS OR OTHER STATEMENTS MADE BY CUSTOMER TO ANY END-USER OR OTHER THIRD PARTY WITH RESPECT TO THE PRODUCTS AND FOR ANY REPAIR, SERVICE OR REPLACEMENT OF ANY PRODUCTS PURSUANT TO ANY WARRANTY PROVIDED BY CUSTOMER.

NOTHING HEREIN WILL AUTHORIZE CUSTOMER OR ANY OTHER PERSON TO OPERATE THE PRODUCTS FURNISHED SO AS TO IMPOSE ANY LIABILITY OR OTHER OBLIGATION ON TERARECON. TERARECON'S TOTAL LIABILITY TO CUSTOMER ON ANY CLAIM, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, ARISING OUT OF OR RESULTING FROM THIS AGREEMENT, OR FROM ITS PERFORMANCE OR BREACH HEREOF, OR FROM THE PRODUCT FURNISHED TO CUSTOMER, SHALL NOT EXCEED THE COST OF THE SPECIFIC PIECE(S) OF PRODUCT FURNISHED TO CUSTOMER WHICH GIVES RISE TO THE CLAIM. IN NO EVENT, WHETHER AS A RESULT OF BREACH OF CONTRACT, WARRANTY, TORT INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, SHALL TERARECON BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS, BENEFITS OR REVENUES, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT OR SOFTWARE, DAMAGE TO ASSOCIATED EQUIPMENT OR SOFTWARE, COST OF CAPITAL, COST OF SUBSTITUTE PRODUCTS, FACILITIES, SERVICES, REPLACEMENT POWER OR DOWNTIME COSTS, EVEN IF TERARECON SPECIFICALLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Warranty Disclaimers:

EXCEPT AS EXPRESSLY PROVIDED IN THE FOREGOING LIMITED WARRANTY, TERARECON, INC. MAKES NO OTHER WARRANTIES OF ANY KIND WHATSOEVER TO CUSTOMER, ITS CUSTOMERS, END-USERS OR ANY THIRD PARTIES WITH RESPECT TO THE PRODUCTS AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Effective 10 June 2002
Price, Terms and Conditions subject to change without notice.

No Warranty Support:

Support:

* Per incident support option enables those without a warranty to obtain technical support. A minimum of $150.00 USD per incident per technical support hour with a one (1) hour minimum on a time and material basis. Final price subject to each incident composition and complexity. An incident is defined as each unique support request, problem or question. You will get a 72 working hour response time guaranteed. Support requests should be sent to our Technical Support Department, during our business hours (08:00 to 16:30 EST), excluding our holidays.

Price Effective 17 May 2002
Price, Terms and Conditions to change without notice.

Returns:

To return a product to TeraRecon contact Technical Support during normal hours Monday - Friday 08:00 - 16:30 Eastern Standard Time (excluding holidays).

Email: support@terarecon.com
Toll-free telephone (USA only): (800) 746.1849
Telephone (domestic and international): (617) 424.9405
Fax: (978) 369.7724

Once it is determined that the product can be returned, you will be issued a Return Merchandise Authorization (RMA) number that will be valid for 30 days. Material not received within the 30 days may be charged at the list price.

All returns are subject to the following:

• All products must be returned in original packaging. You are responsible for selecting prudent shipping. Include the RMA number outside the shipment. Risk of loss and damage to products returned pursuant to a validly authorized RMA shall pass to TeraRecon, Inc. upon tender of the returned product to TeraRecon at TeraRecon Inc., 300 Baker Ave, Suite 301, Concord, MA 01742.
• All returns must be shipped prepaid. You are responsible for any shipping, handling, duty and VAT charges that may be applied to return material under RMA. TeraRecon does not use a shipping agent. Any shipments sent collect will be refused.
• Please provide your Company Name, Address, Point of Contact, Part Number, Part Description, Quantity, Suspected Problem or Return Justification and Serial Number when requesting an RMA.
• Customers are NOT AUTHORIZED to return material prior to a valid RMA being issued by Customer Support. Materials shipped to TeraRecon without a valid RMA may be returned freight collect to the customer and billed a handling charge.
• Product returned and found to be not defective may be charged a shipping and handling fee.
• Product shipped back for credit must be returned in like new condition. Product received incomplete or defective may be charged a repair and or replacement fee.
  
  Address the shipment to:
  
  TeraRecon, Inc.
  Attn: Technical Support RMA #
  300 Baker Ave, Suite 301
  Concord, MA 01742