Loading ...
Loading ...
Loading ...
3.3 Warranty Support and Exclusive Remedy. If Customer gives notice of noncompliance with any of the warranties set forth
in Section 3.1 within the applicable Warranty Period in the manner set forth below, then, upon verification of the noncompliance
by Synology, Synology will, at Synology's option: (a) use commercially reasonable efforts to repair the Product, (b) provide
technical support, or (c) replace the noncomplying Product or part thereof upon return of the complete Product in accordance
with Section 3.4 The foregoing sets forth Synology's entire liability and Customer's sole and exclusive remedy for any breach of
warranty under Section 3.1 or any other defect or deficiency in the Product. Customer will reasonably assist Synology to
diagnose and validate any nonconformity with the Product.
3.4 Return. Any Product return by Customer under Section 3.3 must be made in accordance with Synology's then-current
return procedures with the purchase receipt or invoice. You may see more information about return procedure at
https://www.synology.com/knowledgebase/DSM/tutorial/Service_Application/How_to
_make_warranty_claim_for_Synology_NAS, for warranty claims, Customer must return the complete Product to Synology in
accordance with this Section 3.4. Any Product returned that has been disassembled (except under the direction of Synology)
will be refused and returned to Customer at Customer's expense. Any Product must be returned in the same condition as it
was received from Synology to the address designated by Synology, freight pre-paid, in packaging sufficient to protect the
contents thereof. Customer is responsible for insurance and risk of loss with respect to returned items until they are properly
received by Synology.
3.5 Replacement by Synology. If Synology elects to replace any Product under this Warranty set forth in Section 3.1, then
Synology will ship a replacement Product at Synology's expense via the shipping method selected by Synology after receipt of
the nonconforming Product returned in accordance with Section 3.4 and validation by Synology that the Product does not
conform to the warranty. In some countries, Synology may at its own discretion apply the Synology Replacement Service to
certain Products, through which Synology will ship a replacement Product to Customer before its receipt of the nonconforming
Product returned by Customer ("Synology Replacement Service").
3.6 Disclaimer of Warranties. THE WARRANTIES, OBLIGATIONS, AND LIABILITIES OF SYNOLOGY AND THE
REMEDIES OF CUSTOMER SET FORTH IN THIS WARRANTY ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND
CUSTOMER HEREBY WAIVES, RELEASES AND DISCLAIMS, ALL OTHER WARRANTIES, OBLIGATIONS AND
LIABILITIES OF SYNOLOGY AND ALL OTHER RIGHTS, CLAIMS AND REMEDIES OF CUSTOMER AGAINST SYNOLOGY,
EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE PRODUCT, ACCOMPANYING
DOCUMENTATION OR SOFTWARE AND ANY OTHER GOODS OR SERVICES DELIVERED UNDER THIS WARRANTY,
INCLUDING, BUT NOT LIMITED TO ANY: (A) IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE OR USE; (B) IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF
DEALING, OR USAGE OF TRADE; (C) CLAIM OF INFRINGEMENT OR MISAPPROPRIATION; OR (D) CLAIM IN TORT
(WHETHER BASED ON NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY OR OTHER THEORY). SYNOLOGY
MAKES NO GUARANTEE AND SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE DATA OR INFORMATION
STORED ON ANY SYNOLOGY PRODUCT WILL BE SECURE AND WITHOUT RISK OF DATA LOSS. SYNOLOGY
RECOMMENDS THAT CUSTOMER TAKES APPROPRIATE MEASURES TO BACK UP THE DATA STORED ON THE
PRODUCT. SOME STATES/JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE
LIMITATION MAY NOT APPLY TO CUSTOMER.
Section 4. Limitations of Liability
4.1 Force Majeure. Synology will not be liable for, or be considered to be in breach of or default under this Warranty on
account of, any delay or failure to perform as required by this Warranty as a result of any cause or condition beyond its
reasonable control (including, without limitation, any act or failure to act by Customer).
4.2 Disclaimer of Certain Damages. IN NO EVENT WILL SYNOLOGY OR ITS SUPPLIERS BE LIABLE FOR THE COST OF
COVER OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR
LIABILITIES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO LOSS OF DATA, INFORMATION, REVENUE, PROFIT
OR BUSINESS) ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE PRODUCT, ANY
ACCOMPANYING DOCUMENTATION OR SOFTWARE AND ANY OTHER GOODS OR SERVICES PROVIDED UNDER
THIS WARRANTY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR
OTHER THEORY EVEN IF SYNOLOGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4.3 Limitation of Liability. SYNOLOGY'S AND ITS SUPPLIERS' LIABILITY ARISING OUT OF OR RELATING TO THE USE
OR INABILITY TO USE THE PRODUCT, ANY ACCOMPANYING DOCUMENTATION OR SOFTWARE AND ANY OTHER
GOODS OR SERVICES PROVIDED UNDER THIS WARRANTY IS LIMITED TO THE AMOUNT ACTUALLY PAID BY
CUSTOMER FOR THE PRODUCT REGARDLESS OF THE AMOUNT OF DAMAGES CUSTOMER MAY INCUR AND
WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY. The
foregoing disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law.
The laws of some states/jurisdictions do not allow exclusion or limitation of certain damages. To the extent that those laws
apply to the Product, the exclusions and limitations set forth above may not apply to Customer.
Section 5. Miscellaneous
5.1 Proprietary Rights. The Product and any accompanying Software and documentation provided with the Product include
proprietary and intellectual property rights of Synology and its third party suppliers and licensors. Synology retains and
reserves all right, title, and interest in the intellectual property rights of the Product, and no title to or ownership of any
intellectual property rights in or to the Product, any accompanying Software or documentation and any other goods provided
under this Warranty is transferred to Customer under this Warranty. Customer will (a) comply with the terms and conditions of
Loading ...
Loading ...
Loading ...