Standard Limited Warranty - Open Network Switch Products

Warranty Scope:

These standard warranty terms (“Warranties”) exclusively defines Micas’ obligations (and hence the customer’s rights) in case of defects of Micas Networks products (“Products”). Different policies may apply for different types of Products. Warranties generally include a remote technical support during business hours for a limited period as set out below and software updates, but exclude any of the additional benefits that may be available to customers under a separate service support contract.

Warranties as described in this document do not apply to third party hardware or software that Micas Networks may provide in combination with or as part of the Products. Such third-party hardware and software may however be covered by the third party’s warranty terms.  Unless otherwise agreed, warranty rights are not transferable, i.e., they apply only to the customers who purchased the Products from Micas, a Micas Authorized Distributor, or a Micas Value Added Partner (“Eligible Customers”).

Warranty Period and Start Date:

A warranty is available during a warranty period described in Micas’ quotation (the “Warranty Period”) commencing from customer’s receipt of the Products.

Valid warranty document:

(1) A product warranty card must indicate the distributor name, product name, model, product number, and purchase date.

(2) A valid purchase invoice issued by the seller, showing product and transaction details.

(3) A product bar code must be clear, integral, and free of revision.

(4) Micas certified sales contract and the warranty terms on product packing are valid.

The warranty period starts from:

(1) Warranty start date under the sales contract.

(2) 30 days after customer receiving the products.

(3) 90 days after the Micas shipment date if none of the above is available.

When several valid warranty documents are available, warranty period calculation shall be based on the one the most favorable for customer.

Business Remote Hours Support (BRHS):

Remote technical assistance includes technical consultation, troubleshooting and bug fixing. Such technical assistance is provided by Micas TAC or Micas Post-sales via both online live chat and Micas Service Portal.

Standard Hardware Warranty:

For hardware Products, the Warranty Period is thirty-six (36) months. During the Warranty Period, Micas will replace faulty hardware with refurbished or new equipment in the case the hardware cannot be repaired. The “Return for Repair (“RFR”) policy which aims to ship the replacement Product in thirty (30) Calendar Days (“30CD-Ship”) after receipt of the faulty Product at the local Micas Networks Spare Parts center will apply.

Dead On Arrival:

Dead On Arrival (DOA): When the Product Warranty Period is not activated, there is no external damage, and the Product cannot work normally after the first power-on, The Eligible Customer can request a DOA replacement.

DOA Judegment Criteria:

(1)  There is no external damage to the product.

(2)  Product warranty period is not activated.

(3)  The first power-on fails to operate normally within 30 days after receiving the product.

DOA replacement requires accessories and complete packaging (subject to the packing list). Otherwise, it does not meet the requirements for replacement and will be handled according to RMA service standards.

Claim and Hardware Return Procedures:

An Eligible Customer may submit its RMA request through a Micas designated service representative. Micas service representative will handle the RMA request and shall issue a corresponding RMA number. The following items are generally excluded from the RMA service provided by Micas:

• Handling and shipping costs for sending the faulty parts back to Micas designated location.
• On-site hardware replacement, which will be charged separately.

For Products with the Hardware Replacement policy, the faulty Products must be returned to a designated Micas site within fifteen (15) business days. In the event such Products are not returned in this period, Micas reserves the right to charge the then-current list price of the replacement provided.

When returning a Product, the RMA number must be displayed on the outside packaging of the returned item. All Products and parts to be returned must be packed securely and must avoid physical damage and electrostatic discharge. Micas will pay transportation costs incurred with the delivery of the replacement to the Eligible Customer. If Micas determines, at its sole discretion, that the returned Product is not defective or that the Warranty claim is invalid due to the Warranty exclusion policy listed below, the cost of replacement, including all shipping fees, shall be paid by the RMA requesting party.

Before you return the Product to the designated consignee, please backup the important data in the Product in time, and delete the data in the Product in time after backup to ensure the security of your data. Micas is not responsible for the backup and storage of any data in your returned Product. After receiving your returned Product, Micas will restore the Product to factory settings and format the Product storage. Please note that after the above operations, the data in the Product will no longer exist and can not be recovered.

Warranty for Replacement:

The Warranty Period for a Product that is replaced during its original Warranty Period shall be the greater of

1) the remaining Warranty Period for the original Product; or

2) three (3) months from the date that the replacement Product is delivered to the Eligible Customer.

 DISCLAIMER OF WARRANTIES

THIS WARRANTY IS PROVIDED IN LIEU OF ALL OTHER RIGHTS, CONDITIONS AND WARRANTIES. MICAS MAKES NO OTHER EXPRESS OR IMPLIED WARRANTY WITH RESPECT TO THE SOFTWARE, HARDWARE, PRODUCTS, DOCUMENTATION OR MICAS’ SUPPORT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS. MICAS DOES NOT WARRANT THAT ANY PRODUCTS WILL BE ERROR-FREE, OR THAT ANY DEFECTS THAT MAY EXIST IN ITS PRODUCTS CAN BE CORRECTED.

IN NO EVENT SHALL MICAS BE LIABLE FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS, LOST PROFITS OR ANY OTHER SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST DATA), HOWEVER CAUSED WHETHER OR NOT MICAS, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Further, in no event shall Micas’ aggregate liability arising from or relating to these Warranties exceed the amount received by MIcas for Products giving rise to such liability.