Limited Warranty for Intel® Ethernet Optic & Cable Products
INTEL® TERMS AND CONDITIONS OF WARRANTY, SUPPORT AND SERVICES
INTEL® ETHERNET OPTIC & CABLE PRODUCTS
These Intel® Terms and Conditions of Warranty, Support and Services (“Terms and Conditions of Service”) govern the warranty and support services provided by Intel to the original end-user (“Customer”) that has purchased Intel® Ethernet Optic & Cable Products (“Products”) directly from Intel Corporation (“Intel”) or indirectly from an authorized reseller or distributor of Intel (“Authorized Seller”). Unless otherwise agreed in writing by Intel, any request by Customer for warranty and support services for Products will be accepted only on the terms and conditions herein, notwithstanding any terms or conditions contained in or referenced on any pre-printed Customer purchase order or similar order documentation. Except to the extent set forth in these Terms and Conditions of Service, the Authorized Reseller’s purchase agreement or terms and conditions of sale, or in the absence of such documents, Intel’s Terms and Conditions of Sale located at /content/www/us/en/legal/terms-of-use.html shall govern the warranty and support services for Products. Intel reserves the right to change the terms of Intel’s Terms and Conditions of Sale and these Terms and Conditions of Service, including without limitation, the right to discontinue offering warranty and support services for the Product, at any time without notice and without incurring any liability. These Terms and Conditions of Service do not apply to custom products purchased directly or indirectly from Intel.
- Limited Warranty:
- 1.1 - Intel warrants that on delivery, the Product, if properly used, will be free from defects in material and workmanship and will materially conform to Intel’s published specifications for 3 years from the date of shipment (the “Limited Warranty Period”), or for such longer period during which Intel agrees to extend such Limited Warranty Period (“Extended Warranty Period”), unless (A) a different warranty statement is specified (i) in the Intel Price List in effect at time of shipment; (ii) on Product packaging; or (iii) on Intel’s quotation, or (B) the warranty coverage terminates earlier because Intel made a decision, in its sole discretion, to discontinue the Product. Please see further warranty coverage details below for the Product.
Intel® Ethernet Optic & Cable Products Warranty Coverage Period 3 years from date of shipment Extended Warranty Period Available Shipping and Packaging Software/Firmware Updates Not applicable - 1.2 - Intel may require that Customer provide a valid proof of purchase of the Product as a condition of receiving the benefits during the Limited Warranty Period. The Limited Warranty is extended to the original end-user purchaser only and is not transferable. Any deviations or exceptions to the foregoing warranty shall be valid only in writing executed by an Intel authorized representative, and no employee, dealer, distributor, or third party is authorized to modify the foregoing warranty.
- 1.1 - Intel warrants that on delivery, the Product, if properly used, will be free from defects in material and workmanship and will materially conform to Intel’s published specifications for 3 years from the date of shipment (the “Limited Warranty Period”), or for such longer period during which Intel agrees to extend such Limited Warranty Period (“Extended Warranty Period”), unless (A) a different warranty statement is specified (i) in the Intel Price List in effect at time of shipment; (ii) on Product packaging; or (iii) on Intel’s quotation, or (B) the warranty coverage terminates earlier because Intel made a decision, in its sole discretion, to discontinue the Product. Please see further warranty coverage details below for the Product.
- Non-Intel Products. Any non-Intel branded or third-party products supplied to Customer by Intel or an Authorized Seller are supplied "AS IS" without warranties of any kind.
- Intel Customer Support.
- 3.1 - Support Services. During the Limited Warranty Period, Intel Customer Support, or ICS, will provide certain support services at no cost to Customer, including assisting Customer with technical support and trouble-shooting (“Support Services”). Intel has no obligation to provide Support Services until full payment is received for the Product by Intel or an Authorized Seller. Unless otherwise agreed in writing by Intel, Intel will have no obligation to provide on-site support services at Customer’s location. Affirmative statements about support by any third party will not be binding on Intel. Support Services may not be available to all Customers or in all countries and locations. Please contact ICS, or visit /content/www/us/en/support.html for more information on prohibited or restricted entities or countries.
- 3.2 - Request for Out of Warranty Support Services. Intel reserves the right to charge for Support Services after Customer’s Limited Warranty Period has expired. Intel also reserves the right to charge for the performance of services, maintenance, support, or other activities requested by Customer that are outside the scope of these Terms and Conditions of Service.
- 3.3 - Excluded Services. Support Services expressly exclude software maintenance, training, preventive maintenance, or any hardware maintenance, servicing, repair, or replacement of parts required as a result of the following:
- Accident, vandalism, negligence, abuse, or misuse, including the failure to operate and care for the Product in accordance with Intel's power, environmental and other specifications.
- Causes external to the Product including, but not limited to, failure of, or faulty electric power (such as power surges) or air conditioning, damage caused by fire originating outside of the Product, water damage, environmental contamination, or as a result of any causes other than ordinary use of the Product.
- Re-manufacturing or refurbishing the Product except as specifically authorized by Intel.
- Moving, removal/reinstallation of the Product.
- Alterations, modifications, repairs or maintenance of the Product made by persons other than Intel or an Intel authorized service provider.
- 3.1 - Support Services. During the Limited Warranty Period, Intel Customer Support, or ICS, will provide certain support services at no cost to Customer, including assisting Customer with technical support and trouble-shooting (“Support Services”). Intel has no obligation to provide Support Services until full payment is received for the Product by Intel or an Authorized Seller. Unless otherwise agreed in writing by Intel, Intel will have no obligation to provide on-site support services at Customer’s location. Affirmative statements about support by any third party will not be binding on Intel. Support Services may not be available to all Customers or in all countries and locations. Please contact ICS, or visit /content/www/us/en/support.html for more information on prohibited or restricted entities or countries.
- Warranty Remedy.
- 4.1 - Customer Warranty Claim. Prior to Customer making a valid warranty claim under Section 1, Customer must first contact ICS to resolve the problem. If, following ICS’ troubleshooting and problem resolution procedures, ICS determines that the Product(s) may be defective, Intel will, at its option, within a reasonable period from when such determination is made by ICS, choose one of the following remedies: (i) Advanced Warranty Replacement (as defined in Section 4.2); (ii) credit the Authorized Seller account the purchase price paid by such Authorized Seller to Intel for the defective Product, or (iii) if such Customer purchased directly from Intel and not through an Authorized Seller, credit Customer account the purchase price paid by such Customer to Intel for the defective Product. Intel, at its discretion, may use new, refurbished, or reconditioned replacement parts to perform any warranty replacement of its Products.
- 4.2 - Advanced Warranty Replacement. For Products that Intel has authorized Customer or Authorized Seller to return and are designated by Intel as an Advanced Warranty Replacement (“AWR”) Product, Customer or Authorized Seller, as the case may be, must return the defective Product or part pursuant to the shipping instructions provided by ICS within thirty (30) days of receipt of the replacement Product in order to maintain the Limited Warranty or Extended Warranty, as applicable. If Customer fails to return the defective Product to Intel within thirty (30) days of receipt of such replacement, or if the returned product is not a genuine Product as determined by Intel in its sole discretion, or if the defective part is received by Intel with obvious shipping or damage, Intel may pursue other remedies, including but not limited to, invoice Customer at the then-current list price of the Authorized Seller for the replacement Product, or Intel’s then-current list price if the Customer purchased the Product directly from Intel. In addition, AWR privileges may be terminated or revoked and Support Services may be suspended by Intel without offset or credit until the issue is resolved to Intel’s satisfaction.
- 4.3 - Additional Requirements. No Product designated as an AWR Product may be returned without a valid AWR number, and the AWR number must appear on the outside of the shipping container. Intel may refuse delivery and return the materials to sender, at the sender's cost, if any Product or component is returned without an AWR number. In addition, returned Products that are not defective, that are not subject to warranty coverage as specified in Section 1, or that contain missing or damaged parts, will be invoiced to Customer at the then-current list price of the Authorized Seller for the replacement Product, or Intel’s then-current list price if the Customer purchased the Product directly from Intel. In addition, AWR privileges may be revoked and Support Services may be terminated or suspended by Intel without offset or credit until the issue is resolved to Intel’s satisfaction. Customer will be responsible for proper packaging of the returned Product and shall be responsible for damage arising from improper packaging. Customer is responsible to ensure that the Product is returned to Intel complete with no missing components. Intel reserves the right to request proof of delivery from Customer for all Product returns.
- 4.4 - Shipping; Packaging. Intel will pay shipping costs for the AWR and provide a prepaid shipping label for the returned defective Product with the exchanged unit. Intel normally provides next day shipping; however, actual transportation time may vary based on factors outside of Intel’s control.
- 4.5 - Exclusive Remedy. This SECTION 4 states CUSTOMER’S sole and exclusive remedy, and Intel’s sole and exclusive liability, with respect to THE Products. IN NO EVENT WILL INTEL OR ITS AUTHORIZED SELLERS BE LIABLE FOR ANY MONETARY DAMAGES OR OTHER COSTS ASSOCIATED WITH WARRANTY CLAIMS WHETHER FOR THE REPLACEMENT OR REPAIR OF PRODUCTS, INCLUDING LABOR, INSTALLATION OR OTHER COSTS INCURRED BY CUSTOMER AND, IN PARTICULAR, ANY COSTS RELATING TO REMOVAL OR REPLACEMENT OF ANY PRODUCT SOLDERED OR OTHERWISE PERMANENTLY ATTACHED TO ANY PRINTED CIRCUIT BOARD. UNDER NO CIRCUMSTANCES SHALL INTEL OR ITS AUTHORIZED SELLERS BE LIABLE TO CUSTOMER FOR ANY CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR LOST GOODWILL HOWEVER CAUSED.
- 4.1 - Customer Warranty Claim. Prior to Customer making a valid warranty claim under Section 1, Customer must first contact ICS to resolve the problem. If, following ICS’ troubleshooting and problem resolution procedures, ICS determines that the Product(s) may be defective, Intel will, at its option, within a reasonable period from when such determination is made by ICS, choose one of the following remedies: (i) Advanced Warranty Replacement (as defined in Section 4.2); (ii) credit the Authorized Seller account the purchase price paid by such Authorized Seller to Intel for the defective Product, or (iii) if such Customer purchased directly from Intel and not through an Authorized Seller, credit Customer account the purchase price paid by such Customer to Intel for the defective Product. Intel, at its discretion, may use new, refurbished, or reconditioned replacement parts to perform any warranty replacement of its Products.
- Warranty Limitations.
- 5.1 - Intel does not give or enter into any condition, warranty, or other terms to the effect that Products (including any firmware embedded in such Products) will be: failsafe; work without interruption or error; or be free from design defects or errors, designated by Intel as “errata,” including “errata” that may cause the Products (or any firmware embedded in such Products) to deviate from published specifications. Intel may designate “errata” in its sole discretion, including after Product delivery or after Customer makes a warranty claim.
- 5.2 - Intel does not give or enter into any condition, warranty, or other terms about defective conditions or non-conformities resulting from: (i) misuse, incorrect installation, mishandling, neglect, accident, or abuse of any Products; (ii) improper or inadequate maintenance or calibration of any Products; (iii) errors resulting from incorporation or combination of any Product into or with any other product, service or system; (iv) interoperability; or (v) failure to apply Intel-supplied modifications, corrections, updates or workarounds which would correct the defective condition or non-conformity.
- 5.3 - Intel does not give or enter into any condition, warranty, or other term: (i) with respect to any malfunctions or other errors in its Products caused by virus, infection, worm or similar malicious code not developed or introduced by Intel; (ii) to the effect that any Products will protect against all possible security threats, including intentional misconduct by third parties; (iii) where the Intel serial number has been removed or defaced; (iv) for Products that have been used directly or indirectly in supporting activities prohibited by U.S. or other national export regulations; (v) for Products that have been used by parties appearing on the most current U.S. export exclusion list; (vi) for Products that have been relocated to countries subject to U.S. trade embargo or restrictions; or (vii) for Products that have been purchased from any entity other than Intel or an Authorized Seller. Intel is not liable for any downtime system or service interruption attributed (or attributable) to any lost or stolen data or systems or to Customer’s use of Intel’s electronic ordering or transaction systems or applications, or for any other damages arising out of or resulting from use of Products.
- 5.1 - Intel does not give or enter into any condition, warranty, or other terms to the effect that Products (including any firmware embedded in such Products) will be: failsafe; work without interruption or error; or be free from design defects or errors, designated by Intel as “errata,” including “errata” that may cause the Products (or any firmware embedded in such Products) to deviate from published specifications. Intel may designate “errata” in its sole discretion, including after Product delivery or after Customer makes a warranty claim.
- Warranty Disclaimer. THE ABOVE WARRANTIES, CONDITIONS, OTHER TERMS AND REMEDIES ARE IN LIEU OF ANY OTHER WARRANTY, CONDITION, OTHER TERMS AND REMEDIES WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NONINFRINGEMENT, OR ANY WARRANTY ARISING OUT OF ANY COURSE OF DEALING, USAGE OF TRADE, PROPOSAL, SPECIFICATION OR SAMPLE. IF INTEL CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES THEN TO THE FULLEST EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THE EXPRESS WARRANTY AND THE SUPPORT SERVICES IN THESE TERMS AND CONDITIONS. INTEL NEITHER ASSUMES NOR AUTHORIZES ANY PERSON TO ASSUME FOR IT ANY OTHER LIABILITY. EXCEPT FOR END-USER PRODUCT WARRANTIES DELIVERED WITH THE PRODUCT AS CONTAINED IN THE PRODUCT PACKAGING, THESE WARRANTIES, CONDITIONS AND REMEDIES ARE PROVIDED SOLELY TO THE original end-user purchaser of the Product AND ARE NOT SUBJECT TO ASSIGNMENT, TRANSFER OR PASS-THROUGH TO ANY THIRD PARTY AND ANY ATTEMPTED ASSIGNMENT OR TRANSFER IS VOID.
- Data and Privacy. IT IS CUSTOMER’S SOLE RESPONSIBILITY TO MAKE BACK-UP COPIES OF CUSTOMER’S DATA AND TO ENSURE THAT ALL OF ITS DATA AND FILES ARE ADEQUATELY DUPLICATED AND DOCUMENTED BEFORE ALLOWING SUPPORT SERVICE OF ANY PRODUCT. NONE OF INTEL, ITS AUTHORIZED SELLERS OR ANY OF THEIR RESPECTIVE SERVICE PROVIDERS WILL BE LIABLE FOR ANY CONFIDENTIAL OR PRIVATE INFORMATION OR DATA CONTAINED IN ANY PRODUCT, HARDWARE, SOFTWARE OR MEDIA. NONE OF INTEL, ITS AUTHORIZED SELLERS OR ANY OF THEIR RESPECTIVE SERVICE PROVIDERS WILL HAVE ANY LIABILITY ARISING OUT OF ANY DAMAGE TO OR LOSS OF SUCH DATA WHILE THE PRODUCT IS IN INTEL’S, ITS AUTHORIZED SELLERS’ OR ANY OF THEIR RESPECTIVE SERVICE PROVIDERS’ POSSESSION. NONE OF INTEL, ITS AUTHORIZED SELLERS OR ANY OF THEIR RESPECTIVE SERVICE PROVIDERS WILL BE RESPONSIBLE FOR THE BACK-UP, SAVING, OFFLOADING, RECOVERY, RESTORATION OR REINSTALLATION OF ANY PROGRAMS OR DATA OTHER THAN SOFTWARE INSTALLED BY INTEL WHEN THE PRODUCT IS MANUFACTURED.
- Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL INTEL OR ITS AUTHORIZED RESELLERS BE LIABLE TO CUSTOMER FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOST DATA, OR LOST GOODWILL HOWEVER CAUSED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INTEL'S MAXIMUM LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS AND CONDITIONS OF SERVICE WILL NOT EXCEED THE COSTS CUSTOMER HAS PAID TO INTEL FOR SUPPORT SERVICES, IF ANY.
THESE TERMS AND CONDITIONS OF SERVICE GIVE CUSTOMER SPECIFIC LEGAL RIGHTS. CUSTOMER MAY ALSO HAVE OTHER RIGHTS THAT MAY VARY FROM STATE TO STATE OR FROM COUNTRY TO COUNTRY. SOME EXCLUSIONS OR LIMITATIONS OF THESE TERMS AND CONDITIONS OF SERVICE MAY NOT APPLY TO CUSTOMER. CUSTOMER IS ADVISED TO CONSULT APPLICABLE STATE OR COUNTRY LAWS FOR A FULL DETERMINATION OF CUSTOMER’S RIGHTS.
- General Terms.
- 9.1 - Intellectual Property Rights. Intel owns the entire right, title, and interest in and to all intellectual property rights in and relating to the design of the Products and any software, firmware, knowledge, or other technology developed by Intel in the performance of these Terms and Conditions of Service.
- 9.2 - Force Majeure. Intel will not be liable for any failure to perform acts under these Terms and Conditions of Service due to unforeseen circumstances or causes beyond Intel’s reasonable control, including, but not limited to, acts of God, war, riot, embargoes, acts of civil or military authorities, acts of terrorism or sabotage, electronic viruses, worms or corrupting microcode, shortage of supply or delay in delivery by Intel’s vendors, fire, flood, earthquake, accident, strikes, radiation, inability to secure transportation, failure of communications or electrical lines, facilities, fuel, energy, labor or materials.
- 9.3 - Entire Agreement. These Terms and Conditions of Service are the complete and entire understanding between Intel and Customer regarding the warranty and support services for Product and supersede all prior agreements, proposals, representations, statements, or understandings whether written or oral on this subject between them. Any waiver, modification or amendment of these Terms and Conditions of Service will be effective only if in writing and signed by an authorized representative of Intel.
- 9.4 - Governing Law. These Terms and Conditions of Service will be governed by the laws of the State of Delaware and the U.S.A. notwithstanding its conflicts of laws provisions, and the United Nations Convention for International Sale of Goods will not govern these Terms and Conditions of Service. Customer irrevocably agrees the courts of State of Delaware, U.S.A. will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms and Conditions of Service or its subject matter or formation. Customer waives any objection to such choice of law, jurisdiction and venue selection.
- 9.5 - Severability. Should any of the clauses of these Terms and Conditions of Service be wholly or partially invalid, the validity of the remaining clauses or parts thereof shall not be affected.
- 9.6 - Survival. Sections 2, 4.5, 5, 6, 7, 8 and 9 shall survive termination or expiration of any Limited Warranty or Support Services.
- 9.1 - Intellectual Property Rights. Intel owns the entire right, title, and interest in and to all intellectual property rights in and relating to the design of the Products and any software, firmware, knowledge, or other technology developed by Intel in the performance of these Terms and Conditions of Service.