Limited Warranties and Return Policy

Xyber Technologies hardware products purchased in the U.S. come with a 3-year limited warranty, depending on the product purchased. To determine which warranty came with your hardware product(s), see your packing slip or invoice. The following sections describe the limited warranties and return policy for the U.S.

This limited warranty covers defects in materials and workmanship in your — our end-user customer's — Xyber Technologies hardware products, including Xyber Technologies peripherals purchased with products.

This limited warranty does not cover:

• Software, including the operating system and software added to the Xyber Technologies hardware products through our factory-integration system, third-party software, or the reloading of software
• Non-Xyber Technologies and Solution Provider Direct products and accessories
• Problems that result from:
  1. External causes such as accident, abuse, misuse, or problems with electrical power
  2. Servicing not authorized by Xyber Technologies
  3. Usage that is not in accordance with product instructions
  4. Failure to follow the product instructions or failure to perform preventive maintenance
  5. Problems caused by using accessories, parts, or components not supplied by Xyber Technologies
• Products with missing or altered Support Tags or serial numbers
• Products for which Xyber Technologies has not received payment

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE (OR JURISDICTION TO JURISDICTION). XYBER TECHNOLOGIES' RESPONSIBILITY FOR MALFUNCTIONS AND DEFECTS IN HARDWARE IS LIMITED TO REPAIR AND REPLACEMENT AS SET FORTH IN THIS WARRANTY STATEMENT. ALL EXPRESS AND IMPLIED WARRANTIES FOR THE PRODUCT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN TIME TO THE TERM OF THE LIMITED WARRANTY PERIOD REFLECTED ON YOUR PACKING SLIP OR INVOICE. NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, WILL APPLY AFTER THE LIMITED WARRANTY PERIOD HAS EXPIRED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU. WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES PROVIDED FOR IN THIS LIMITED WARRANTY OR FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR THIRD-PARTY CLAIMS AGAINST YOU FOR DAMAGES, FOR PRODUCTS NOT BEING AVAILABLE FOR USE, OR FOR LOST DATA OR LOST SOFTWARE. OUR LIABILITY WILL BE NO MORE THAN THE AMOUNT YOU PAID FOR THE PRODUCT THAT IS THE SUBJECT OF A CLAIM. THIS IS THE MAXIMUM AMOUNT FOR WHICH WE ARE RESPONSIBLE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

This limited warranty lasts for the time period indicated on your packing slip or invoice, except for the following hardware:

• Memory carries a lifetime limited warranty.
• The limited warranty for monitors purchased independent of a system lasts for the time period indicated on your packing slip. Monitors purchased with a system are covered by the system limited warranty.
• PDAs, earphones, and remote inline controls carry a 1-year limited warranty.
• Other add-on hardware carries the longer of either a 1-year limited warranty for new parts and a 90-day limited warranty for reconditioned parts or, for both new and reconditioned parts, the remainder of the warranty for the Xyber Technologies computer on which such parts are installed.

The limited warranty on all Xyber Technologies products begins on the date of the packing slip or invoice. The warranty period is not extended if we repair or replace a warranted product or any parts. Xyber Technologies may change the availability of limited warranties, at its discretion, but any changes will not be retroactive.

Before the warranty expires, please call us at the relevant number listed in the following table. Please also have your Xyber Technologies Support Tag or order number available.

Contact Phone (U.S. Only) Web
Web Support: www.xybertechnologies.com

Individual Home Consumers:
Technical Support 1-800-793-3383
Customer Service 1-800-793-3383

Home and Small Business Commercial Customers:
Technical Support and Customer Service 1-800-793-3383

Medium, Large or Global Commercial Customers, Healthcare Customers, and Value-Added Resellers (VARs):
Technical Support and Customer Service 1-800-793-3383

Government and Education Customers:
Technical Support and Customer Service 1-800-793-3383

During the 90 days of the 90-day limited warranty and the first year of all other limited warranties: During the 90 days of the 90-day limited warranty and the first year of all other limited warranties, we will repair any Xyber Technologies hardware products returned to us that prove to be defective in materials or workmanship. If we are not able to repair the product, we will replace it with a comparable product that is new or refurbished. When you contact us, we will issue a Return Material Authorization Number for you to include with your return. You must return the products to us in their original or equivalent packaging, prepay shipping charges, unless purchase included extended warranties, and insure the shipment or accept the risk if the product is lost or damaged in shipment. We will return the repaired or replacement products to you. We will pay to ship the repaired or replaced products to you if you use an address in the United States (excluding Puerto Rico and U.S. possessions and territories). Otherwise, we will ship the product to you freight collect. If we determine that the problem is not covered under this warranty, we will notify you and inform you of service alternatives that are available to you on a fee basis. NOTE: Before you ship the product(s) to us, make sure to back up the data on the hard drive(s) and any other storage device(s) in the product(s). Remove any confidential, proprietary, or personal information and removable media such as floppy disks, CDs, or PC Cards. We are not responsible for any of your confidential, proprietary, or personal information; lost or corrupted data; or damaged or lost removable media.

During the remaining years: For the remaining period of the limited warranty, we will replace any defective part with new or refurbished parts, if we agree that it needs to be replaced. When you contact us, we will require a valid credit card number at the time you request a replacement part, but we will not charge you for the replacement part as long as you return the original part to us within 30 days after we ship the replacement part to you. If we do not receive the original part within 30 days, we will charge to your credit card the then-current standard price for that part. We will pay to ship the part to you if you use an address in the United States, (excluding Puerto Rico and U.S. possessions and territories). Otherwise, we will ship the part freight collect. We will also include a prepaid shipping container with each replacement part for your use in returning the replaced part to us. NOTE: Before you replace parts, make sure to back up the data on the hard drive(s) and any other storage device(s) in the product(s). We are not responsible for lost or corrupted data.

If your service contract is with Xyber Technologies, service will be provided to you under the terms of the service agreement. Please refer to that contract for details on how to obtain service. If you purchased through us a service contract with one of our third-party service providers, please refer to that contract for details on how to obtain service.

We use new and refurbished parts made by various manufacturers in performing warranty repairs and in building replacement parts and systems. Refurbished parts and systems are parts or systems that have been returned to Xyber Technologies, some of which were never used by a customer. All parts and systems are inspected and tested for quality. Replacement parts and systems are covered for the remaining period of the limited warranty for the product you bought. Xyber Technologies owns all parts removed from repaired products.

Limited warranties on systems may be transferred if the current owner transfers ownership of the system and records the transfer with us. The limited warranty on memory may not be transferred. You may record your transfer by contacting your customer support representative or call at 1- 800-793-3383.

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE (OR JURISDICTION TO JURISDICTION). XYBER TECHNOLOGIES' RESPONSIBILITY FOR MALFUNCTIONS AND DEFECTS IN HARDWARE IS LIMITED TO REPLACEMENT AS SET FOR THE IN THIS WARRANTY STATEMENT. FOR U.S. CUSTOMERS, ALL EXPRESS AND IMPLIED WARRANTIES FOR THE PRODUCT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN TIME TO THE TERM OF THIS LIMITED WARRANTY. NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, WILL APPLY AFTER THE LIMITED WARRANTY PERIOD HAS EXPIRED. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR CONDITIONS, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY COVERAGE TERMINATES IF YOU SELL OR OTHERWISE TRANSFER THIS PRODUCT TO ANOTHER PARTY. XYBER TECHNOLOGIES DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES PROVIDED FOR IN THIS LIMITED WARRANTY OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR THIRD-PARTY CLAIMS AGAINST YOU FOR DAMAGES, FOR PRODUCTS NOT BEING AVAILABLE FOR USE, OR FOR LOST DATA OR LOST SOFTWARE. XYBER TECHNOLOGIES' LIABILITY WILL BE NO MORE THAN THE AMOUNT YOU PAID FOR THE PRODUCT THAT IS THE SUBJECT OF A CLAIM. THIS IS THE MAXIMUM AMOUNT FOR WHICH XYBER TECHNOLOGIES IS RESPONSIBLE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.