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| Warranty Policy
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1. Unless otherwise outlined below, SP Peripherals Inc.
provides a one (1) year warranty on all Products purchased from SP Peripherals Inc. The warranty does not
extend beyond the original Buyer of Products from SP Peripherals Inc. and SP Peripherals Inc. shall have no
obligation to the Buyer with respect to providing any warranty on any Products for which SP Peripherals Inc.
has not received full payment from the Buyer. SP Peripherals Inc. customers may be referred directly to
manufacturer for service. Intel boxed CPU warranty is one year, all other including AMD CPU is 30 days from
date of purchase unless otherwise stated. Opened software is non-returnable.
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2. SP Peripherals Inc. does not support the manufacturer’s
warranty on any Product beyond one (1) year unless otherwise stated. For any manufacturer who offers a warranty
on Products exceeding limited warranty and or one (1) year, it is the Buyer’s responsibility to deal directly with
the manufacturer for any repairs of the Product beyond the first year of warranty. Manufacturer return policy may
differ from SP Peripherals Inc. and should manufacturer have warranty or policy change, SP Peripherals Inc. will
abide by their changes when it affects SP Peripherals Inc. first year warranty coverage.
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3. SP Peripherals Inc. does not warrant any Products that
have been subject to improper use, abuse or physical damage. Removal of any serial number or warranty labels will
also void such warranty of Product. Accounts are required to be current when requesting return authorizations.
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4. Any alterations, modifications, additions, improvements,
installation, or attachments on the Products not authorized in writing by SP Peripherals Inc. shall solely be at
the Buyer’s own expense and risk. If operation of the Products is affected in any way by such unauthorized
alterations, modifications, additions, improvements, attachments or installations, the warranty shall be deemed
waived by the Buyer, and SP Peripherals Inc. shall have no further obligation to the Buyer.
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5.Inspection
The Buyer shall inspect goods at the time
of delivery and shall notify SP Peripherals Inc. of any defect or discrepancies within one (1) day of receipt of
goods. Failure to provide any such notice within such time shall be deemed an acceptance in full of any such delivery.
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6. Systems, Notebooks, and On-Site Warranty: cannot be returned
for credit or stock rotation. All DOA or warranty authorization is provided after troubleshooting with SP Peripherals Inc.
Technical Support prior to RMA being issued. System problem will be corrected or repaired, and are not replaced with
different unit. Notebook troubleshooting, repair, and service is provided by manufacturer and customers will be referred
to manufacturer direct for RMA service. On site warranty through on site service provider only.
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7. Disclaimer of Warranty/Limitation of Liability. Except for
the express warranties contained in this Warranty Statement, SP PERIPHERALS disclaims all other warranties and conditions,
express or implied, including but not limited to, any implied warranty of merchantability or fitness for a particular
purpose or non-infringement. The right to return defective Products, as described herein, shall constitute SP PERIPHERALS’
sole liability and the Buyer’s exclusive remedy in connection with any claim of any kind relating to the quality, condition
or performance of any Products, whether such claim is based upon principles of contract, warranty, negligence or other tort,
breach of any statutory duty, principles of indemnity or contribution, or otherwise.
SP PERIPHERALS (INCLUDING ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, ALL OF WHICH
ARE REFERRED TO HEREIN COLLECTIVELY AS THE “SP PERIPHERALS AFFILIATES”) SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO THE
BUYER OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE PRODUCTS OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF THE PRODUCTS OR
ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME,
BUYER’S TIME, LOST DATA, INJURY TO PROPERTY OR ANY DAMAGES OR SUMS PAID BY THE BUYER TO THIRD PARTIES, EVEN IF SP
PERIPHERALS OR ANY OF THE SP PERIPHERALS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING
LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER
TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY
TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.
The laws of some jurisdictions limit or do not allow the disclaimer of consequential damages. If the laws of such a jurisdiction apply
to any claim by or against SP PERIPHERALS or any of the SP PERIPHERALS Affiliates, the limitations and disclaimers contained herein
shall be to the greatest extent permitted by law. Some jurisdictions do not allow the exclusion or limitation of incidental or
consequential damages, so that the above may not apply to the Buyer.
IN NO EVENT SHALL SP PERIPHERALS OR ANY SP PERIPHERALS AFFILIATE BE LIABLE TO THE BUYER OR ANY OTHER PARTY FOR LOSS, DAMAGE,
OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS IN EXCESS OF THE NET PURCHASE PRICE
OF THE PRODUCTS ACTUALLY DELIVERED TO AND PAID FOR BY THE BUYER.
NONE OF SP PERIPHERALS OR ANY SP PERIPHERALS AFFILIATE SHALL HAVE NO DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS THE BUYER FROM AND
AGAINST ANY OR ALL DAMAGES OR COSTS INCURRED BY THE BUYER ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR VIOLATION OF
COPYRIGHTS BY ANY OF THE PRODUCTS.
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8. USE IN CRITICAL MEDICAL SYSTEMS PROHIBITED. PRODUCTS SOLD BY SP PERIPHERALS
ARE NOT DESIGNED, INTENDED OR AUTHORIZED FOR USE IN LIFE SUPPORT, LIFE SUSTAINING, NUCLEAR, OR OTHER APPLICATIONS IN WHICH THE FAILURE
OF SUCH PRODUCTS COULD REASONABLY BE EXPECTED TO RESULT IN PERSONAL INJURY, LOSS OF LIFE OR CATASTROPHIC PROPERTY DAMAGE. BUYER AGREES
NOT TO USE OR SELL THE PRODUCTS FOR USE IN ANY SUCH APPLICATIONS AND IF BUYER BREACHES THIS TERM, THEN: (1) THE BUYER ACKNOWLEDGES
THAT SUCH USE OR SALE IS AT BUYER’S SOLE RISK; (2) THE BUYER AGREES THAT NONE OF SP PERIPHERALS OR ANY SP PERIPHERALS AFFILIATE SHALL
BE LIABLE, IN WHOLE OR IN PART, FOR ANY CLAIM OR DAMAGE ARISING FROM SUCH USE; AND (3) THE BUYER AGREES TO INDEMNIFY, DEFEND AND HOLD
SP PERIPHERALS AND EACH SP PERIPHERALS AFFILIATE HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, COSTS, EXPENSES AND
LIABILITIES ARISING OUT OF OR IN CONNECTION WITH SUCH USE OR SALE.
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9. During first 15 days of purchase, products received and authorized for credit
return, which are as new and unopened, may be returned with a 25% restocking fee (restrictions may apply due to price drop or market
volatility). After first 15 days of purchase from the original invoice date will be repaired or replaced.
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10. In order to receive proper credit for Products:
- Customer must first request “Credit” at the time they are obtaining a RMA number.
- all Products returned for credit must be received by SP PERIPHERALS within fifteen (15) days of the original invoice date.
The amount of credit will be based on the current market value at time SP PERIPHERALS receives the Products from customer, unless
otherwise notified in writing by SP PERIPHERALS. Credit returns subject to a 25% restocking fee.
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11. On credit returns of all Products, all original packaging and items,
accessories, etc. must be returned complete and in its original condition. Any Products returned for credit that is damaged due to
alteration, abuse or physical damage (i.e. scratches, trace cut ) improper label removable or addition, will be refused and no credit
issued.
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12. DOA
If a Product fails (i.e. does not properly function, hereinafter
“DOA Product”) and is returned to SP PERIPHERALS within seven (7) days of the SP PERIPHERALS invoice date, SP PERIPHERALS will
replace the DOA Product subject to (a) the Product’s availability and (b) the Customer obtaining a valid RMA number. Same day
replacement for DOA received at RMA will call will be available but need to arrange with RMA dept. UPS/Fed Ex/ or Delivered items,
a replacement usually ships within 72 hours after SP PERIPHERALS receives the item.
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13.Warranty information provided herein does not replace any Terms or Conditions
listed on the back of the invoice, which Terms and Conditions are subject to change without prior written notice at any time, in
the sole discretion of SP PERIPHERALS INC.
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