DIAMANTI EXPRESS LIMITED WARRANTY (“Warranty”)
1. Diamanti warrants solely to the end purchaser (“Customer”) of its Diamanti-branded hardware equipment (“Diamanti Equipment”) that the Diamanti Equipment will conform in all material respects with its published specifications for a period of one (1) year from delivery, and in the case of solid state drives (“SSD”), five (5) years from delivery (the “Diamanti Equipment Warranty Period”). Customer’s sole and exclusive remedy and the entire liability of Diamanti under this Warranty will be the repair or replacement, at Diamanti’s option, of any non-conforming Diamanti Equipment or part thereof at no additional charge. Customer shall be responsible for the return of any non-conforming Diamanti Equipment or part and Diamanti shall repair or replace the same within ten (10) business days and ship back to the Customer. Defective parts must be returned pursuant to Diamanti’s return material authorization (“RMA”) policy located at www.diamanti.com/legal. Diamanti reserves the right to charge Customer the cost of any replacement part if Customer fails to comply with its RMA policy. Notwithstanding the foregoing, in the event Customer has purchased and paid for contemporaneously with its Diamanti Equipment purchase, SSD component insurance to keep any non-conforming SSD, and Customer certifies (at a director level or above) that an SSD is defective and unusable, then Customer shall not be obliged to return the SSD and will receive a replacement SSD. The unexpired term of the Diamanti Equipment Warranty Period applicable to the original Diamanti Equipment shall apply to the repaired or replaced Diamanti Equipment or part.
2. Diamanti warrants solely to the Customer of its Diamanti-branded software product (“Diamanti Software”) that for a period of ninety (90) days, Diamanti will (a) repair or replace defective Diamanti Software caused by defects in materials and workmanship under normal use, and (b) use commercially reasonable efforts to correct or modify any such Diamanti Software so as to conform in all material respects with its published specifications.
3. Support Sold Separately. Diamanti Software and Diamanti Equipment support obligations are excluded from this Warranty, and apply only in the event that the Customer has purchased support and Diamanti has accepted Customer’s purchase. No support, updates or upgrades are offered pursuant to this Warranty. In addition, this Warranty applies exclusively for Diamanti Software and Diamanti Branded Equipment. Any warranty, support or other services for OEM (third-party) branded equipment and software, to the extent available, are solely provided by the OEM manufacturing or offering such equipment and software, or its designated third-party service provider.
4. Exclusions. EXCEPT AS EXPRESSLY PROVIDED ABOVE, TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW ALL HARDWARE, SOFTWARE AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTY WHATSOEVER, AND DIAMANTI AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE. DIAMANTI ALSO EXPRESSLY DISCLAIMS AND MAKES NO WARRANTY REGARDING ERROR-FREE USE, NON-INTERRUPTION OF USE OR FREEDOM FROM BUGS. DIAMANTI WILL HAVE NO LIABILITY FOR THE LOSS OR CORRUPTION OF ANY DATA STORED ON ANY PRODUCT FOR ANY REASON.
5. Choice of Law. This Warranty shall be construed in accordance with and all disputes hereunder shall be governed by the laws of the State of California as applied to contracts made and to be performed in California, without applying conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to this Warranty