What Does This Limited Warranty Cover
Enmotus warrants to consumers who purchase this product from authorized resellers or retailers that this product is free from defects and workmanship. This warranty is valid for the shorter of (A) a period of 5 years if the product is registered (1 year if the product is not registered) or (B) the period when the product has exceeded its usage limitations as measured by TBW (Terabytes Written). TBW usage is determined by Enmotus’ Fuzion Toolbox Software. Product must be registered within 90 days of purchase. Product can be registered at www.enmotus.com/fuzedrivessd-register
If Enmotus authorizes you to return your product and it is determined at Enmotus’ sole discretion that the product suffers from material defects, Enmotus will at its option, (a) repair or replace the product with functionally equivalent new or refurbished product, or (b) refund the price of the product at the current market value.
What This Warranty Does Not Cover
This limited warranty does not apply if the damage was caused by (a) misuse including but not limited to installation errors, electrostatic discharge, commercial use, CPU overclocking (b) any damage caused by third party components or software (c) any unauthorized repair or modifications or (d) damaged, tampered or removed labels, (d) super cooled using liquid nitrogen or other external liquid method. This warranty does not cover any data loss. It is your responsibility to back up your data frequently.
Critical Components and Critical Applications. CUSTOMER ACCEPTS ALL LIABILITY FOR USE OF ENMOTUS PRODUCTS IN LIFE SUPPORT DEVICES OR SYSTEMS OR IN ANY OTHER CRITICAL APPLICATIONS. ENMOTUS PRODUCTS ARE NOT AUTHORIZED FOR USE AS CRITICAL COMPONENTS IN LIFE SUPPORT DEVICES OR SYSTEMS OR OTHER CRITICAL APPLICATIONS. Life support devices or systems are those which are intended to support or sustain life and whose failure to perform can be reasonably expected to result in a significant injury to the user. Critical components are those whose failure to perform can be reasonably expected to cause failure of a life support device or system or affect its safety or effectiveness. Critical applications are those applications in which failure of the Enmotus product could result directly or indirectly in death, personal injury, or severe property or environmental damage. CUSTOMER ACKNOWLEDGES THAT ALL SEMICONDUCTOR PRODUCTS EXPERIENCE FAILURE RATES, WHICH MAY VARY ACCORDING TO USE CONDITIONS AND OTHER CIRCUMSTANCES. CUSTOMER ACKNOWLEDGES AND AGREES THAT CUSTOMER IS RESPONSIBLE FOR ALL DESIGN DECISIONS REGARDING CUSTOMER’S PRODUCTS AND IS SOLELY RESPONSIBLE TO IMPLEMENT SAFETY MEASURES TO GUARD AGAINST THE POSSIBILITY OF INJURY OR DAMAGE IN THE EVENT OF A FAILURE OR MALFUNCTION OF A ENMOTUS PRODUCT USED IN A CUSTOMER PRODUCT OR SYSTEM. SHOULD CUSTOMER PURCHASE OR USE ENMOTUS PRODUCTS FOR ANY CRITICAL APPLICATION, CUSTOMER SHALL INDEMNIFY AND HOLD ENMOTUS HARMLESS AGAINST ALL CLAIMS, COSTS, DAMAGES AND EXPENSES AND REASONABLE ATTORNEYS’ FEES ARISING OUT OF, DIRECTLY OR INDIRECTLY, ANY CLAIM OF PRODUCT LIABILITY, PERSONAL INJURY, OR DEATH ARISING IN ANY WAY OUT OF USE OF ENMOTUS PRODUCT IN A LIFE SUPPORT DEVICE OR SYSTEM OR OTHER CRITICAL APPLICATION.
EXCEPT AS EXPRESSLY STATED IN THESE TERMS, ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS AND OTHER TERMS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED TERMS OF QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND CONFORMITY TO MODELS OR SAMPLES. CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT ENMOTUS DOES NOT WARRANT THAT THE PRODUCT IS FREE OF CLAIMS OF PATENT OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT BY ANY THIRD PARTY. ENMOTUS HEREBY DISCLAIMS ANY SUCH WARRANTY OR INDEMNIFICATION AGAINST SUCH INFRINGEMENT. EXCLUDING CASES WHERE LIABILITY MAY NOT BY LAW BE LIMITED OR EXCLUDED, TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ENMOTUS OR ANY AFFILIATE BE LIABLE, WHETHER IN CONTRACT, NEGLIGENCE OR OTHERWISE, FOR ANY LOST IMAGES, DATA, REVENUE OR PROFIT, OR FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES OF ANY KIND. IF ANY EXCLUSION, DISCLAIMER OR OTHER PROVISION IS HELD INVALID FOR ANY REASON AND ENMOTUS OR AN AFFILIATE BECOMES LIABLE FOR LOSS OR DAMAGE THAT COULD OTHERWISE BE LIMITED, THAT LIABILITY, WHETHER IN CONTRACT, NEGLIGENCE OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) WHICH CAUSED THE LOSS OR DAMAGE. Some jurisdictions do not allow for the exclusion or limitation of any warranties or conditions (including those implied by law or guaranteed by statute), so the above limitation may not apply to Customer. Customer may also have other rights in addition to this warranty. This limitation does not affect Customer's statutory rights.
Enmotus reserves the right to substitute functionally equivalent new or serviceable used parts.
The above warranty covers only defects arising under normal use and does not include malfunctions or failures resulting from misuse, abuse, neglect, alteration, problems with electrical power, usage not in accordance with product instructions, acts of nature or improper installation or repairs made by anyone other than Enmotus or a Enmotus-authorized third party service provider.
The foregoing limitations will apply even if any warranty or remedy provided under this agreement fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Customer’s remedies set forth herein are exclusive and in lieu of any other remedies available to Customer, whether provided at law, equity, or otherwise. This agreement shall be binding upon the heirs, successors, and assignees of the parties hereto. If any provision of this agreement shall be held to be invalid or unenforceable, the remainder of this agreement shall remain in full force and effect.
This agreement is governed by the laws of the State of California, without regard to its conflict or choice of law provisions. The 1980 United Nations Convention on contracts for the international sale of goods shall not apply to this agreement. Customer acknowledges and agrees that California is an appropriate place for venue of any litigation and that California courts have exclusive jurisdiction over this agreement and Customer.
This Return Policy applies to Enmotus products.
Unless covered under other contractual agreement, the following applies to all consumer customer returns:
You must obtain an Return Material Authorization (RMA) from Enmotus prior to returning any product. You can obtain this number by contacting Enmotus Support at www.enmotus.com/fuzedriveSSD-Support. __________
You must pay shipping costs for all shipments from you to us. Send your product to Enmotus using the carrier of your choice. Please use a method with ability to trace shipment. Enmotus is not responsible for shipments for which the carrier cannot provide proof of delivery.
RMA returns should be shipped to:Enmotus Inc36 Discovery, Suite 150Irvine, Ca 92618United States
If your product is under warranty, Enmotus will pay for postage of replacement products from Enmotus to you. You must pay all applicable duties and customs charges for shipments to and from Enmotus, unless otherwise authorized.
Enmotus is not responsible for loss or damage during transit. We suggest that you purchase freight insurance on your shipments.
NO COLLECT SHIPMENTS WILL BE ACCEPTED without prior authorization from Enmotus. Shipments arriving at Enmotus with charges due will be rejected.
You are responsible for saving or backing up data contained in any product returned to Enmotus. ENMOTUS WILL HAVE NO RESPONSIBILITY FOR SUCH DATA AND WILL HAVE NO LIABILITY ARISING OUT OF ANY DAMAGE TO OR LOSS OF SUCH DATA WHILE THE PRODUCT IS IN ENMOTUS'S POSSESSION.
Replacement Product Notice
Your original product will NOT be returned to you.
Replacement products are factory certified products.
Replacement products carry the greater of: original warranty balance or 90 days.
Delivery is during normal business hours to the address you provide.
All data and software on your returned product(s) will be lost.
Replacement products arrive low-level formatted.
Any required data recovery service must be completed BEFORE requesting an RMA from Enmotus.
THE ENMOTUS RMA (RETURN MATERIAL AUTHORIZATION) NUMBER ISSUED IS VALID ONLY FOR THE RETURN OF NON-CONFORMING ENMOTUS PRODUCT UNDER WARRANTY. You agree not to submit to any products except in conjunction with a justified warranty claim. For example, you shall not send us through this RMA process any counterfeit products, products that we previously lost through theft or otherwise, products for which warranty coverage has expired or never existed (this is usually evidenced by removed, damaged or tampered labels), products that have only defects that are not covered by warranty (for example, most of our warranty statements do not cover problems caused by accident, abuse, neglect, shock, electrostatic discharge, heat or humidity, improper installation, operation, maintenance or modification, by other equipment or lost passwords, or by any other misuse contrary to the instructions in the user manual). Products that are determined to be No Trouble Found (NTF) are not eligible for warranty service. Before returning your product, you may use the Enmotus Fuzion diagnostic tool todetermine the condition of your product and whether it is eligible to be returned under warranty. Enmotus reserves the right to return NTF products back to their owner and may charge for associated shipping costs. If you send us through this RMA process any products that are not covered by justified warranty claims, we may retain these products. Enmotus reserves its right to exercise all of its legal rights in connection with fraudulent returns.
Enmotus36 Discovery, Suite 150Irvine, Ca. 92618
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