NIXSYS currently warrants all of its server, workstations and computers for 2 year parts and labor. NIXSYS motherboards are covered for 1 year, parts and labor. All third party items, such as note books, monitors, accessories and computer components and parts are governed by the individual manufacturers warranties. NIXSYS does not give any warranty of any kind to any Open Source software that is pre-loaded on your system. Frequently, users will want to modify their systems by adding internal peripherals or components. This is permissible in most cases as long as an email is first sent to firstname.lastname@example.org to confirm what modifications will be made – only then will the warranty be honored. Additionally, we may be able to inform you of any issues you may encounter when adding the new hardware. We will always go out of our way to help you solve non-order related hardware and software related issues that arise, but that level of support will be made at our discretion. NIXSYS warrants hardware to be free from defects in materials and workmanship for a period of two (2) years from the date of invoice, and will repair the unit accordingly upon failure and return inspection. This warranty is not transferable. In addition, longer warranty periods are typically available from some of the individual component manufacturers. NIXSYS will make its best efforts to assist the customer in obtaining the under-warranty repair directly from the component manufacturer in these cases. Damages incurred in shipping the products are not included in this warranty. This is the responsibility of the shipping carrier. NIXSYS ships all its products insured to their full value.
If not completely satisfied with NIXSYS products, customer may return them to NIXSYS within 30 days of invoice for a refund of the purchase price, less shipping and handling costs and a 15% restocking fee. For international customers, we require that the customer cover shipping both ways in all cases. Customer must ship products back to NIXSYS in original packaging and condition, and prepay shipping charges. Customer assumes the risk for loss or damage during shipment. Customer is advised to insure the return shipment with the carrier.
Every effort is made to ensure your system functions flawlessly under normal operating conditions. Abnormal or nonstandard operating conditions, such as high-temperature or high-humidity environments, operating in the sun, radiant or contact heat from other nearby objects, or excessively high CPU utilization under constant conditions, may occasionally cause heat or stress-related issues.
NIXSYS ships all products in boxes and packaging approved to the specs of the shipping carriers we use. Visible damage of any NIXSYS product received by the customer must be claimed to the shipping carrier immediately upon receipt. Failure to do so voids the warranty. All packing materials must be retained to show to the claims inspectors for the shipping carriers.
NIXSYS does not warrant damage due to external causes including, but not limited to, accident, abuse, misuse, problems with electrical power, failure to maintain environmental conditions within operating range specified by manufacturer, relocation or attempts to relocate systems, servicing not authorized by NIXSYS , usage not in accordance with product instructions, failure to perform required preventive maintenance, and problems caused by use of parts and components not supplied by NIXSYS. NIXSYS hardware products are not warrantied, implied or otherwise, as to their merchantability or fitness for a specific purpose. External accessories and devices not directly manufactured by NIXSYS (such as monitors, uninterruptible power supplies, tape drives, speakers and rack enclosures) are warranted directly by the individual manufacturer. Any sign that the serial number has been altered or tampered with voids this warranty. Adding or changing components without concurrence of NIXSYS technical support voids this warranty.
NIXSYS systems include software that is licensed free of charge, or is licensed by the customer directly from the manufacturer. As no licensing fee is passed on by NIXSYS to the customer, NIXSYS makes no claims or warranties, either express or implied, of any kind, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, to the extent permitted by law. Customer assumes entire risk as to the quality and performance of the software. NIXSYS is not liable for any damages including, but not limited to, loss or corruption of data.
Limitation of Liability
NIXSYS DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SETFORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA. NIXSYS IS NOT LIABLE FOR LOST PROFITS, LOST BUSINESS, OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES. UNDER NO CIRCUMSTANCES IS NIXSYS LIABLE FOR ANY THIRD-PARTY CLAIMS AGAINST THE CUSTOMER.
Customer agrees to comply with all applicable state and federal laws and regulations. Products are subject to United States export laws and may be subject to export and import laws of other countries. Customer will strictly comply with such laws. Customer warrants to be the end user. Separate terms and conditions apply to reseller/OEM agreements.
This agreement and any order issued hereunder shall be governed by the laws of the State of California. The application of the United Nations Convention on Contracts for International Sale of Goods is expressly excluded. The parties hereby agree and consent that any dispute relating to the products sold hereunder shall be subject to exclusive jurisdiction and venue of the United States District Court for the Southern District of California, and the Superior and Municipal Courts of the State of California, Orange County.