In addition to the General Terms, the following Warranty terms will apply.
Certifient warrants the Products only to the original Customer as follows:
Hardware Warranty. For Hardware, Certifient warrants to Customer that, for one (1) year from the Delivery of the Hardware, the Hardware will be free from defects in materials and workmanship (the “Hardware Warranty”). If Certifient determines, in its reasonable discretion, that a material defect is incapable of correction or that it is not practical to repair or replace defective Hardware, the price paid by the Customer for the defective Hardware will be refunded by Certifient upon return of the defective Hardware to Certifient. All Hardware (or any part thereof) that is replaced by Certifient, or for which the purchase price is refunded, shall become the property of Certifient upon replacement or refund.
Software Warranty. For Software, Certifient warrants to Customer that, for ninety (90) days from the Delivery of the Software, the Software will perform substantially in accordance with the applicable Specification. In addition, to Certifient’s knowledge, at the time of Delivery the Software is free from what are commonly defined as viruses, worms, spyware, malware and other malicious code that may potentially hamper performance of the Software. Certifient’s sole obligation shall be to correct the non-conforming Software. If Certifient determines, in its reasonable discretion, that a material non-conformance is incapable of correction, Certifient will provide the Customer with a pro-rata refund of the price paid for the non-conforming Software. The license granted with respect to any Software for which a refund has been given automatically terminates immediately upon refund.
Services Warranty. Certifient warrants to Customer that Services will be performed in a professional manner in accordance with industry standards for like services. Customer shall notify Certifient within thirty (30) days of any non-conformity and Customer’s sole remedy for breach of this warranty is reperformance of the affected Services.
Hosted Service Warranty. Certifient warrants to Customer that, during the Hosted Service Term, the Hosted Service will substantially conform in all material aspects to the then-current Specification. Customer shall notify Certifient within thirty (30) days of any non-conformity, and Customer’s sole remedy for breach of this warranty is that Certifient will correct the non-conforming Hosted Service.
Warranty Claims. All warranty claims must be made to Certifient within the applicable warranty period specified herein, if any. Replacement Hardware may consist of new or remanufactured parts that are equivalent to new. Customer will pay the shipping costs for return of Products to Certifient. Certifient will pay the shipping costs for repaired or replaced Products back to Customer.
Exclusions.The warranties stated in this Schedule shall not apply if a Product has: (i) been subjected to abuse, misuse, neglect, negligence, accident, improper testing, improper installation, improper storage, improper handling or use contrary to any instructions issued by Certifient; (ii) been repaired or altered by persons other than Certifient; (iii) not been installed, operated, repaired and maintained in accordance with the Documentation; (iv) been used with any third party software or hardware that has not been previously approved in writing by Certifient; (v) been subjected to causes external to the Product such as, but not limited to, natural disasters, failure of electrical systems, fire or water damage; or (vi) has been relocated outside of the original ship-to country or transferred to a party other than the original Customer.
The Products are not intended for use with any high risk or strict liability activity, including, without limitation, air or space travel, nuclear facilities, technical building or structural design, power plant design or operation, life support or emergency medical operations or uses, or any other uses in which failure could lead to death, personal injury, or environmental damage, and Certifient makes no warranty and shall have no liability arising from any use of the Products in any high risk or strict liability activities.
Remedies Exclusive. The remedies stated in this Schedule are the Customer’s sole and exclusive remedies, and Certifient’s sole obligations, with respect to Products that fail to comply with the foregoing warranties.
Disclaimer of Warranties. Certifient provides no warranty regarding, and will have no responsibility for, any claim arising out of: (i) a modification of the Product made by anyone other than Certifient, unless an authorized Certifient representative approves of such modification in writing; or (ii) use of the Product in combination with any operating system not authorized in the Specifications or with hardware or software specifically forbidden by the Specifications. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, ALL PRODUCTS, DOCUMENTATION AND DELIVERABLES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTY WHATSOEVER. BARRACUDA AND ITS SUPPLIERS EXPRESSLY DISCLAIM, TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NONINFRINGEMENT, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE. BARRACUDA ALSO MAKES NO WARRANTIES REGARDING NONINTERRUPTION OF USE OR FREEDOM FROM BUGS, AND MAKES NO WARRANTY THAT PRODUCTS DOCUMENTATION OR DELIVERABLES WILL BE ERROR-FREE. IN NO EVENT SHALL BARRACUDA BE LIABLE FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS, LOST PROFITS OR ANY OTHER SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST DATA), HOWEVER CAUSED WHETHER OR NOT BARRACUDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SOLE REMEDY FOR ANY BREACH OF ANY OR ALL OF THE FOREGOING WARRANTIES SHALL BE REPAIR, REPLACEMENT OR REFUND OF THE COST OF ANY NON-CONFORMING PRODUCT(S).
Revised: May 12, 2023