User Manual

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SECTION 6 WARRANTY
Warranty. Castlewood Systems, Inc. (“Castlewood”) warrants the ORB Drives (the “Drives”)
solely to the purchaser (“Purchaser”) against defects in workmanship and materials for a period
of one (1) year from the date of purchase. Castlewood warrants the ORB disks (the “Disks”) sole-
ly to the Purchaser against defects in workmanship and materials for a period of one (1) year
from the date of purchase (each a “Warranty Period”). The Drives and the Disks shall be collec-
tively and individually referred to as “Product”. All warranty claims must be requested of
Castlewood prior to the expiration of the applicable Warranty Period. Purchaser may not transfer
this warranty. Purchaser’s sole remedy, and Castlewood’s sole liability for a covered warranty
defect shall be for Castlewood, at its sole discretion, to either repair or replace the defective
Product at no charge, or to refund the purchase price for the affected Product. These warranties
are void if the applicable Product has been altered in any way or damaged by accident, misuse, or
abuse, including, but not limited to, the use of unauthorized third party software or repairs, power
surges, excessive heat or humidity. Castlewood warranty obligations shall not be enlarged or
diminished by Castlewood’s provision of technical advice to Purchaser.
Exclusions. THE PRECEDING WARRANTY DOES NOT APPLY TO (I) ANY SOFTWARE COMPO-
NENTS OF THE PRODUCT; (II) ANY THIRD PARTY SOFTWARE DISTRIBUTED ON OR WITH THE
PRODUCT; (III) ANY EXPENDABLE COMPONENTS INCLUDING, BUT NOT LIMITED TO, FUSES,
BULBS, AND CLEANING ACCESSORIES; AND (IV) ANY PRODUCTS NOT MANUFACTURED BY OR
FOR CASTLEWOOD (THE “EXCLUDED ITEMS”). THE EXCLUDED ITEMS ARE LICENSED TO
PURCHASER ON AN AS IS BASIS.
Disclaimer of Warranties. EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED HEREIN,
CASTLEWOOD DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR
STATUTORY, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MER-
CHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR THEIR
EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. THE REMEDIES SET FORTH HEREIN
SHALL BE THE SOLE AND EXCLUSIVE REMEDIES OF PURCHASER WITH RESPECT TO ANY
DEFECTIVE PRODUCT. SOME JURISDICTIONS DO NOT PERMIT THE PRECEDING EXCLUSION
OF IMPLIED WARRANTIES FOR CERTAIN CONSUMERS SO SOME OF THE ABOVE EXCLUSIONS
OR LIMITATIONS MAY NOT APPLY TO PURCHASER.
RMA Procedure. If Purchaser discovers a defect in a Product during the applicable Warranty
Period, then Purchaser should contact Castlewood for a Return Materials Authorization (RMA)
number before shipping the Product, freight and insurance prepaid, to Castlewood’s designated
repair facility. Purchaser should have the part number, serial number, date of purchase, and the
suspected problem ready when contacting Castlewood to obtain an RMA. Before shipping any
Product to Castlewood, Purchaser shall remove any removable storage media, and all programs,
data files and other data from any applicable storage media. Castlewood accepts no responsibility
or obligation to return any such materials that are shipped to Castlewood. If a Product returned
under warranty is found not to be defective, then Castlewood shall dispose of the Product per
Purchaser’s instructions after receiving full payment from Purchaser for Castlewood’s inspection
of the Product at Castlewood’s then current rates for such services.
Limitation of Liability. IN NO EVENT SHALL CASTLEWOOD BE LIABLE FOR ANY SPECIAL,
INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT PURCHASER MAY
SUFFER DIRECTLY OR INDIRECTLY FROM THE PURCHASE USE OF THE PRODUCT, INCLUD-
ING, WITHOUT LIMITATION, FOR THE LOSS OF USE OR LOSS OF DATA, FILES OR PROGRAMS
STORED ON THE PRODUCT. CASTLEWOOD’S MAXIMUM LIABILITY FOR ANY CLAIM BY PUR-
CHASER ARISING OUT OF PURCHASER’S PURCHASE AND USE OF THE PRODUCT SHALL IN NO
EVENT EXCEED THE PURCHASE PRICE OF THE APPLICABLE PRODUCT. Some states do not
allow the exclusion of incidental, punitive or consequential damages, so the above limitation may
not apply to Purchaser.
WARRANTY