Product Limited Warranty. Cloud Ninjas will provide one (1) year warranty on its products, parts, and servers. All product will be free of defects regarding the material and the workmanship there of. Warranty duration begins the date the product is invoiced and will be covered for one (1) year. Extended Warranty can be purchased. Throughout the duration of your warranty, Cloud Ninjas will, at our discretion, (i) provide the product, part or server, with a comparable or better replacement, (ii) supply replacement parts needed to fix or repair the product, (iii) fix the product, (iv) refund or credit the amount customer paid for product; Shipping & Handling might be subject to deduction on refund; Refunds will be provided within 7-10 Business Days upon return of product; Cloud Ninjas will not refund or reimburse you for any services performed by another party than Cloud Ninjas. All replacement products will be warranted for the remainder of the original warranty duration. Defective components or products must be returned to Cloud Ninjas within Fifteen (15) Days of receiving the replacement. Failing to return the defective components or product within Fifteen (15) Days will result in the customer being charged for all replacement products. If replacement components are not available, then Cloud Ninjas will make every reasonable effort to locate replacement parts or products. Cloud Ninjas requires support from you regarding troubleshooting and inspecting your product. Customer will follow Cloud Ninjas warranty process. Cloud Ninjas Limited Warranty does NOT cover any misuse, mishandling, viruses, accidents, abuse, unauthorized service or parts or the combinations of Cloud Ninjas products with other products, or other errors caused by the customer. Software related issues and minor imperfections not materially changing functionality are not covered. Cloud Ninjas will not warranty any products, parts or servers if there are no defects after thirty (30) days. Supermicro Advanced Cross Ship Warranty applies to Continental USA states. International orders, customer is responsible for return shipping.
30 Days to return or customer will be billed. To All new Supermicro, the warranty is covered by Supermicro.
Services and Service Limited Warranty. Cloud Ninjas warrants that all services are executed in a professional manner. All customer files should be backed up before services are performed by Cloud Ninjas. CLOUD NINJAS IS NOT RESPONSIBLE FOR ANY LOSS OF DATA. IT IS THE RESPONSIBLITIY OF THE CUSTOMER TO SAVE OR BACKUP ANY DATA.
Shipping Damages. Upon receiving, all products must be inspected immediately, and any physical damage must be notified within 5 Business Days. Any products returned with physical damage which was not notified from customer to Cloud Ninjas within 5 Business Days will not be covered by warranty.
Warranty Process. If defective products are received from Cloud Ninjas during the warranty period, then you must follow Cloud Ninjas Warranty Process. First, fill out our RMA Form. Then either call Cloud Ninjas via (832) 478-9159 and/or email via sales@cloudninjas.com. Cloud Ninjas may require your support with diagnosing and/or repairing issues before Cloud Ninjas ships out replacement parts. Once the issue is discovered, Cloud Ninjas will decide the proper course of action to move forward. Cloud Ninjas might require a return product shipment in order to repair or replace the product. If a return of defective product is required, then Cloud Ninjas will issue an “RMA Number” (Return Material Authorization). RMA Number must be included in the return shipment. Failure to acquire RMA Number before shipping product to Cloud Ninjas will relieve Cloud of all further obligations under this Warranty Agreement. Ship returned products to: Cloud Ninjas LLC, 11450 FM 1960 W Suite 200, Houston Texas 77065 or address provided to you by Cloud Ninjas. If equipment has issues, then Cloud Ninjas will not be responsible for customer time or expenses. Example, Technician time to diagnose or redeploy equipment.
Disclaimer of Warranties; Limitation of Liability. EXCLUDING THE WARRANTIES EXPRESSED IN THIS AGREEMENT, CLOUD NINJAS DISCLAIMS ANY AND ALL OTHER WARRANTIES, BOTH IMPLIED OR EXPRESSED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR RELATED TO FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER APPLICABLE LAW. THE TERM OF ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED ARE LIMITED TO THE TERM OF THIS AGREEMENT. THE TERM OF ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED ARE LIMITED TO THE TERM OF THIS AGREEMENT. CLOUD NINJAS AND YOUR MAXIMUM LIABILITY TO THE OTHER IS LIMITED TO THE PURCHASE PRICE YOU PAID FOR PRODUCTS OR SERVICES, PLUS INTEREST AS ALLOWED BY LAW. NEITHER YOU NOR CLOUD NINJAS IS LIABLE TO THE OTHER IF YOU OR IT ARE UNABLE TO PERFORM DUE TO EVENTS YOU OR IT ARE NOT ABLE TO CONTROL, SUCH AS ACTS OF GOD, OR FOR PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, LOST DATA, OR OTHER CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, OTHER THAN THOSE DAMAGES THAT ARE INCAPABLE OF LIMITATION, EXCLUSION, OR RESTRICTION UNDER APPLICABLE LAW. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS 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.
Dispute Resolution. You and Cloud Ninjas agree that any Dispute between You and Cloud Ninjas LLC will be resolved exclusively and finally by arbitration administered by the National Arbitration Forum (NAF) and conducted under its rules, except as otherwise provided below. You and Cloud Ninjas will agree on another arbitration forum if NAF ceases operations. The arbitration will be conducted before a single arbitrator and will be limited solely to the Dispute between You and Cloud Ninjas. The arbitration, or any portion of it, will not be consolidated with any other arbitration and will not be conducted on a class-wide or class action basis. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered thereon in any court of competent jurisdiction. You understand that, in the absence of this provision, You would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that You have expressly and knowingly waived those rights and agreed to resolve any Disputes through binding arbitration in accordance with the provisions of this paragraph. This arbitration provision shall be governed by the Federal Arbitration Act, 9 U.S.C. Section 1, et seq. For the purposes of this provision, the term "Dispute" means any dispute, controversy, or claim arising out of or relating to (i) this Agreement, its interpretation, or the breach, termination, applicability, or validity thereof, (ii) the related order for, purchase, delivery, receipt, or use of any product or service from Cloud Ninjas, or iii) any other dispute arising out of or relating to the relationship between You and Cloud Ninjas; the term "Cloud Ninjas" means Cloud Ninjas LLC, its parents, subsidiaries, affiliates, directors, officers, employees, beneficiaries, agents, assigns, and/or component suppliers (both hardware and software); and the term "You" means you, or those in privity with you, such as family members or beneficiaries. Information may be obtained from the NAF on line at www.arb-forum.com, by calling 800-474-2371, or writing to P.O. Box 50191, Minneapolis, MN, 55405.
General. You may not assign this Agreement without the consent of Cloud Ninjas. Cloud Ninjas and its subsidiaries and affiliates are intended beneficiaries of this Agreement. If there is any inconsistency between this Agreement and any other agreement included with or relating to products or services purchased from Cloud Ninjas, this Agreement shall govern. This Agreement may not be modified, altered, or amended without the written agreement of Cloud Ninjas. Any additional or altered terms shall be null and void unless expressly agreed to in writing by Cloud Ninjas. If any term of this Agreement is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired. This Agreement shall be interpreted under the laws of the State of Texas, without giving effect to conflicts of law rules.
Restocking Fee. Cloud Ninjas reserves the right to charge up to 25% restocking fee. If product is in good condition and Cloud Ninjas fulfilled their agreement, then a restocking fee may apply. If customer simply changes their mind, then a restocking fee will be applied. If customer has buyers remorse, then a restocking fee will be applied.
