Xtreamer Support System

Xtreamer's limited warranty provides that, subject to the following limitations, each Product will be free from defects in material and workmanship and will conform to Xtreamer.net's specification for the particular Product.

Limitation of Remedies

YOUR EXCLUSIVE REMEDY FOR ANY DEFECTIVE PRODUCT IS LIMITED TO THE REPAIR OR REPLACEMENT OF THE DEFECTIVE PRODUCT.

Xtreamer.net may elect which remedy or combination of remedies to provide in its sole discretion. Xtreamer.net shall have a reasonable time after determining that a defective Product exists to repair or replace a defective Product. Xtreamer.net 's replacement Product under its limited warranty will be manufactured from new and serviceable used parts. Xtreamer.net's warranty applies to repaired or replaced Products for the balance of the applicable period of the original warranty or ninety days from the date of shipment of a repaired or replaced Product, whichever is longer.

Limitation of Damages

XTREAMER.NET 'S ENTIRE LIABILITY FOR ANY DEFECTIVE PRODUCT SHALL IN NO EVENT EXCEED THE PURCHASE PRICE FOR THE DEFECTIVE PRODUCT. THIS LIMITATION APPLIES EVEN IF WD CANNOT OR DOES NOT REPAIR OR REPLACE ANY DEFECTIVE PRODUCT AND YOUR EXCLUSIVE REMEDY FAIL OF ITS ESSENTIAL PURPOSE.

No Consequential or Other Damages

NOTWITHSTANDING ANYTHING ELSE IN THIS POLICY OR OTHERWISE, XTREAMER.NET WILL NOT BE LIABLE WITH RESPECT TO THE PRODUCTS UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN EXCESS OF THE PURCHASE PRICE FOR THE DEFECTIVE PRODUCT OR (II) FOR ANY GENERAL, CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR SPECIAL DAMAGES. THESE INCLUDE LOSS OF RECORDED DATA, INTERRUPTION OF USE, THE COST OF RECOVERY OF LOST DATA, LOST PROFITS AND THE COST OF THE INSTALLATION OR REMOVAL OF ANY PRODUCTS, THE INSTALLATION OF REPLACEMENT PRODUCTS, AND ANY INSPECTION, TESTING, OR REDESIGN CAUSED BY ANY DEFECT OR BY THE REPAIR OR REPLACEMENT OF PRODUCTS ARISING FROM A DEFECT IN ANY PRODUCT. THIS SECTION DOES NOT LIMIT LIABILITY FOR BODILY INJURY OF A PERSON.

IN THE UNITED STATES, SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

Your Use of the Product

XTREAMER.NET will have no liability for any Product returned if WD determines that:

• The product was stolen fromXTREAMER.NET.

• The asserted defect:

• is not present,

• cannot reasonably be fixed because of damage occurring when the Product is in the possession of someone other than Xtreamer.net, or

• is attributable to misuse, improper installation, alteration (including removing or obliterating labels and opening or removing external covers (unless authorized to do so by Xtreamer.net or an authorized Service Center)), accident or mishandling while in the possession of someone other than Xtreamer.net.

• The Product was not sold to you as new.

Additional Limitations on Warranty

Xtreamer.net warranty does not cover Products which have been received improperly packaged, altered, or physically damaged. Products will be inspected upon receipt.

Packaging

• Improperly packaged

• Non-qualified shipping container

Alterations

• Counterfeit label(s)

• Customer added jumper wires

• Incorrect PCBA/HDA pair

• Labels have been switched:

1. True Xtreamer.net label

• Labels exhibit tampering

• Label missing standard printing such as UL or model number.

• Missing barcode or top cover label

• No tape seal – (non-authorized data recovery sticker)

• Serial number on top cover does not match barcode on end

• XTREAMER.NET labels or breather filter holes obscured by customer applied stickers

Damage

• Broken pins on connector

• Connector(s) are damaged, cracked, missing or broken

• Cracked components on the circuit board

• Dented base casting

• Torn or punctured tape seal

• Dented top cover

• Deep scratch

• Loose, damaged, or missing screws

• Missing PCBA (Circuit Board)

• Obscured breather filter holes