PLEASE READ THIS DOCUMENT CAREFULLY!
IT CONTAINS IMPORTANT INFORMATION
ABOUT YOUR RIGHTS AND OBLIGATIONS AS WELL AS LIMITATIONS
AND EXCLUSIONS THAT APPLY TO YOU
ASL, INC.
LIMITED WARRANTY & TERMS AND CONDITIONS
AGREEMENT
THIS AGREEMENT CONTAINS THE LIMITED WARRANTY AND TERMS AND
CONDITIONS OF PURCHASE AND SERVICE THAT APPLY TO ASL SYSTEMS.
ALL ASL PRODUCTS HAVE EITHER 1-YEAR, 2-YEAR OR 3-YEAR
WARRANTY DEPENDING ON THE MODEL AND ANY EXTENDED WARRANTY
PERIOD STATED ON THE INVOICE. PLEASE REFER TO WARRANTY
DETAILS UNDER SECTION 2B. THE TERM "PRODUCT" MEANS HARDWARE
DESCRIBED IN YOUR PURCHASE RECEIPT OR INVOICE. THE TERM
"PRODUCT" DOES NOT INCLUDE SOFTWARE, SPECIAL ORDERS, EXTERNAL
HARDWARE PERIPHERALS SUCH AS UPS, SWITCHES, MONITORS,
JOYSTICKS, PRINTERS, SCANNERS, ETC., AND THEIR RELATED
DOCUMENTATION (COLLECTIVELY "ACCESSORIES"). PLEASE BE CERTAIN
TO READ THE INDIVIDUAL WARRANTIES FOR ACCESSORIES CONTAINED
IN THE SHIPPING CARTONS.
-
GENERAL TERMS OF SALE
- INSPECTION OF PRODUCT UPON RECEIPT. You must
examine the Product and Accessories when you receive
them. If any item is damaged or missing, you must
notify ASL at once. ASL will not consider any claim for
damaged or missing items more than thirty (30) days
from the date of delivery.
- SHIPMENT & TITLE. ASL will arrange
shipping of the Product and Accessories to your address
from the shipping point of origin, Newark, CA. Title to
the Product and Accessories passes to you upon delivery
to the carrier and with that the risk of loss. The cost
of shipping and handling will be shown on your purchase
receipt or invoice. ASL will inform you of estimated
shipment dates but will not be responsible for delays
in delivery due to events beyond its control, including
shortage of materials, labor strikes, transportation
failures, or acts of God.
- PRICE & PAYMENT. Your total price for
the Product, Accessories and Services will be stated on
your purchase receipt or invoice. Prices and
configurations advertised are subject to change without
notice or obligation prior to acceptance of your order.
Specifications may change due to product availability.
In that event, ASL reserves the right to substitute
parts with those of equal or greater value. Prices
advertised do not include shipping and handling, or
applicable sales taxes, (state of California customers)
which will be added to the total price. Any existing or
new taxes or fees charged by any governmental authority
will be added to your invoice.
-
PRODUCT RETURN POLICY. One of the reasons we
are able to offer such great savings to our customers
is our low overhead. In accordance with continuing to
do so it is therefore our policy not to give cash
refunds, and we do consider all sales final. We do,
however, back our products with an extensive
warranty. During the warranty period, returned items
that are broken will be exchanged. Returned items
must be accompanied by their original packaging and
all associated materials.
- Contact ASL customer support for an RMA number
by email techsupport@aslab.com.
- Ship the Product and/or Accessories to the
appropriate addresses printed back to ASL using the
original boxes and packing material. Write the RMA
number in large, clear characters on the outside of
each box you ship. You must include a copy of your
packing slip with the returned Product and
Accessories to establish proof of purchase. You
must also return all disks, cables, and manuals
supplied with the Product and Accessories. YOU ARE
RESPONSIBLE FOR THE PRODUCT AND ACCESSORIES UNTIL
ASL RECEIVES THEM, INCLUDING ALL SHIPPING,
HANDLING, AND INSURANCE CHARGES.
- FINANCE CHARGE. 1.5% interest per month will
be charged for payments beyond the terms stated on the
invoice. In addition, if payment is more than 60 days
late the Product Limited Warranty, described under
section 2, can be voided at ASL's discretion, with or
without notice. Returned checks are subject to a $20
NSF fee. Our attorney will process uncollectable checks
for the maximum amount allowed by law. This can be as
high as 3 times the amount plus attorneys fees.
-
PRODUCT LIMITED WARRANTY;
DISCLAIMER OF WARRANTIES.
- DISCLAIMER OF WARRANTIES. THIS LIMITED
WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE
PRODUCT. ANY IMPLIED WARRANTY IS LIMITED IN DURATION TO
THE LIMITED WARRANTY PERIOD DESCRIBED IN SECTION 2(B)
BELOW. NO ORAL OR WRITTEN INFORMATION, OR ADVICE GIVEN
BY ASL, ITS AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY
OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED
WARRANTY.
ANY AND ALL LIABILITY OF ASL UNDER THIS AGREEMENT,
(INCLUDING ANY FAILURE OF THE PRODUCT TO BE YEAR 2000
COMPLIANT), IS EXPRESSLY LIMITED TO THE PRICE YOU HAVE
PAID FOR THE PRODUCT AND ACCESSORIES. YOUR SOLE REMEDY
AGAINST THEM IN ANY DISPUTE UNDER THIS AGREEMENT SHALL
BE TO SEEK RECOVERY OF THE AMOUNTS YOU HAVE PAID UPON
THE PAYMENT OF WHICH THEY SHALL BE RELEASED FROM AND
DISCHARGED OF ALL FURTHER OBLIGATIONS AND LIABILITY TO
YOU. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE
OTHER FOR SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL,
INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, BUT NOT
LIMITED TO, LOSS OF ANTICIPATED PROFITS OR REVENUE,
ECONOMIC LOSS, LOSS OF DATA, LOSS OF USE OF THE PRODUCT
OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF
SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR
SERVICES, DOWN TIME, YOUR TIME, THE CLAIMS OF THIRD
PARTIES, AND INJURY TO PROPERTY, REGARDLESS OF THE
NATURE OF THE CLAIM, INCLUDING BUT NOT LIMITED TO,
BREACH OF WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE) OR STRICT LIABILITY, AND EVEN IF THE OTHER
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS
OR DAMAGE.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS,
AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE
TO STATE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW
LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO
YOU.
- STATEMENT OF LIMITED WARRANTY. ASL warrants
to the end-user that the Product (excluding
Accessories) will be free from defects in materials
and/or workmanship. Servers and workstation
parts are covered for either 2 years or 3
years (depending on the model) from the date of
shipment and 1 year for labor. Laptop
models parts are covered for 2 years from
the date of shipment and 1 year for
labor, with the exception for the LCD panel
which has a warranty of 1 year. If it's 30 days
from the date of the shipment, ASL will, at its option:
(1) provide replacement parts necessary to repair the
Product, or (2) replace the Product with a comparable
Product. Any replacement parts or Products will be new
or serviceably used, comparable in function and
performance to the original part or Product. Purchasing
additional parts or Products from ASL does not extend
this warranty period.
- SPECIAL ORDERS. Special orders include items
such as software, or hardware we do not normally stock.
A 20% non-refundable deposit is required to place an
order. Once our vendor has shipped a product to us no
refund will be possible. Please note there is no return
right or exchange available for opened software boxes,
unless defective. If a Special Order part is returned
because it is broken we will replace it during the
warranty period with the same item, or nearest
equivalent in the event the item is no longer
available. YOU ARE RESPONSIBLE FOR THE ACCESSORIES
UNTIL ASL RECEIVES THEM, AND YOU ARE RESPONSIBLE FOR
ALL SHIPPING, HANDLING, AND INSURANCE CHARGES.
- YEAR 2000 READINESS DISCLOSURE. The Product
accessed using an ASL-supplied BIOS will accurately
process date data (including, but not limited to
calculating, comparing and sequencing dates and
calculating leap year) before, during, and after the
calendar year 2000 A.D. when used in accordance with
its product documentation and provided all other
products used in combination with the Product properly
exchange data with it.
-
EXCLUSIONS. THIS LIMITED WARRANTY COVERS
NORMAL USE. ASL DOES NOT WARRANT AND IS NOT
RESPONSIBLE FOR:
- DAMAGE CAUSED BY FAILURE TO PROVIDE A SUITABLE
INSTALLATION OR OPERATING ENVIRONMENT FOR THE
PRODUCT AND/OR ACCESSORIES;
- DAMAGE DURING SHIPMENT, OTHER THAN ORIGINAL
SHIPMENT TO THE CLIENT;
- DAMAGE CAUSED BY IMPACT WITH OTHER OBJECTS,
DROPPING, FALLS, SPILLED LIQUIDS, OR IMMERSION IN
LIQUIDS;
- DAMAGE CAUSED BY A POWER SURGE OR A DISASTER
SUCH AS FIRE, FLOOD, WIND, EARTHQUAKE, OR
LIGHTNING;
- DAMAGE CAUSED BY UNAUTHORIZED ATTACHMENTS,
ALTERATIONS, MODIFICATIONS OR FOREIGN OBJECTS;
- DAMAGE CAUSED BY THE USE OF THE PRODUCT OR
ACCESSORIES FOR PURPOSES OTHER THAN THOSE FOR WHICH
THEY ARE CUSTOMARILY USED;
- DAMAGE FROM IMPROPER INSTALLATION OR
MAINTENANCE;
- DAMAGE CAUSED BY ANY OTHER ABUSE, MISUSE,
MISHANDLING, OR MISAPPLICATION;
- CONSUMABLE PRODUCTS;
- ACCESSORIES OR OTHER PRODUCTS OR SERVICES OF
COMPANIES OTHER THAN ASL;
- DAMAGE CAUSED BY PROGRAMS, DATA, VIRUSES, OR
OTHER FILES;
- DAMAGE RESULTING FROM YOUR FAILURE TO BACK-UP
YOUR DATA OR OTHER FILES; OR
- YEAR 2000 PROBLEMS CAUSED BY NON-ASL PRODUCTS,
SOFTWARE, OR ACCESSORIES.
-
OBTAINING WARRANTY
SERVICE. To obtain service under this limited
warranty, you must contact ASL Technical Support. You may
contact ASL Technical Support via email
(techsupport@aslab.com) or telephone (510 249-5910). ASL
Technical Support personnel will work to resolve issues
professionally and quickly. However, you must reasonably
assist ASL in providing technical support services.
Procedures for handling parts and replacements are
outlined below. Warranty service may be denied or limited
if your account is not in good standing, including
outstanding debt for replacement parts not returned to
ASL. If you choose to contact ASL in writing, send your
request for warranty service to the following
address:
ASL, Inc.
Attn: RMA #
2570 North First Street
2nd Floor, Suite 200
San Jose, CA 95131
Whether you are obtaining replacement parts, having
repairs, or returning the entire Product and Accessories
for a replacement, the following procedures must be
followed. FAILURE TO FOLLOW THE PROCEDURES SET OUT IN
THIS SECTION MAY RESULT IN DELAYS IN THE REPLACEMENT OF
PARTS, REPAIR, OR REPLACEMENT OF YOUR PRODUCT, OR MAY
RESULT IN ADDITIONAL CHARGES TO YOUR ACCOUNT. ASL
RESERVES THE RIGHT TO REFUSE TO ACCEPT PRODUCTS WHERE
THESE PROCEDURES ARE NOT FOLLOWED.
- If the technician decides that ASL will replace
part(s) or Product, he or she will issue an RMA number
via Email. FOR ADVANCED REPLACEMENT, YOU MUST
RETURN THE DEFECTIVE PART(S) OR PRODUCT UNLESS YOU ARE
AUTHORIZED IN WRITING BY ASL TO RETAIN OR DISPOSE OF
THE PART(S) OR PRODUCT. IF YOU FAIL TO RETURN THE
DEFECTIVE PART(S) OR PRODUCT WITHIN SEVEN (7) DAYS OF
RECEIPT OF THE RMA KIT, YOU WILL BE RESPONSIBLE FOR THE
ORIGINAL SALES VALUE OF THE REPLACEMENT PART(S) OR
PRODUCT.
- If your technician decides that ASL will repair
part(s) or Product, he or she will issue an RMA number
via Email. When sending the part(s) or Product back for
service, please reference the RMA number on the
shipping label.
- Back up all files before returning the Product
and/or Accessories for repair or replacement. ASL
recommends that you have an external back-up system at
all times to reconstruct lost or altered files, data,
or programs. ASL IS NOT RESPONSIBLE FOR ANY LOSS OF
YOUR DATA.
- You acknowledge and agree that the diagnostic or
repair Services of ASL are provided without any
obligation of confidentiality or non-disclosure on the
part of ASL. You are advised to delete or otherwise
remove from the Product, prior to delivering the
Product to ASL, any files or data you consider private,
confidential or proprietary. You understand and agree
that a failure to delete or otherwise remove such files
or data shall constitute your waiver of any privacy,
confidentiality or proprietary rights with respect to
such files or data.
- Return any Product or Accessories in the original
packing materials, or if these are not available, other
suitable packing materials to prevent further damage.
Write the RMA number in large, clear characters on the
outside of each box you ship. FAILURE TO INCLUDE THE
RMA NUMBER MAY RESULT IN DELAYS.
- FOR YOUR PROTECTION, INSURE THE SHIPMENT FOR FULL
REPLACEMENT VALUE. YOU ARE RESPONSIBLE FOR ANY DAMAGE
TO THE PRODUCT OR ACCESSORIES THAT OCCURS DURING
SHIPMENT TO ASL.
- WITH REGARD TO REPAIRS, REPLACEMENT PARTS OR
PRODUCT REPLACEMENTS, ASL IS NOT RESPONSIBLE FOR DAMAGE
CAUSED BY ANY OF THE CONDITIONS LISTED IN PARAGRAPH
2.E, "EXCLUSIONS."
- For out of warranty service, customers pay for all
shipping costs. For in warranty service, ASL pays for
one way shipping while customers pay the other way. This
includes advance replacement.
- INTERNATIONAL CLIENTS.The
limited warranty is the same for clients who are located
outside of the United States, except as stated in this
paragraph. On all orders for replacement parts or Product,
you must pay for the replacement parts or Product and
shipping and handling costs before ASL will ship the
replacement parts or Product. ASL will refund the cost of
the replacement parts or Product when you return the
defective parts or Product to ASL. Shipping and handling
charges are not refundable. ASL IS ALSO NOT RESPONSIBLE FOR
ANY CUSTOMS FEES, TAXES, OR VAT THAT MAY BE DUE. YOU ARE
RESPONSIBLE FOR THESE CHARGES, EVEN IF YOU REFUSE DELIVERY
OF THE PRODUCT. ON ALL ORDERS FOR SERVICE, YOU ARE
RESPONSIBLE FOR SHIPPING, HANDLING, AND INSURANCE CHARGES
TO AND FROM ASL, CUSTOMS FEES, TAXES, OR VAT THAT MAY BE
DUE.