WARRANTY
Statement of Limited Warranty
Part 1 – General Terms
This Statement of Limited Warranty includes Part 1
– General Terms and Part 2 – Country–unique Terms.
The warranties provided by Hitachi Global Storage Technologies, Inc.
("Hitachi Global Storage Technologies") in this Statement of Limited
Warranty apply only to Machines you purchase for your use, and not for
resale, from an authorized Hitachi Global Storage Technologies
Distributor and returned from the countries listed in the Extent of the
Hitachi Global Storage Technologies Warranty section below. The term
"Machine" means a Hitachi Global Storage Technologies machine, its
features, conversions, upgrades, elements, or accessories, or any
combination of them. The term "Machine" does not include any software
programs, whether pre–loaded with the Machine, installed
subsequently or otherwise. Nothing in this Statement of Warranty
affects any statutory rights of consumers that cannot be waived or
limited by contract. If you have any questions, contact Hitachi Global
Storage Technologies or your reseller.
Machine – Hitachi Global Storage
Technologies HDDs purchased from or supplied through an
authorized Hitachi Global Storage Technologies Distributor. The
term "Machine" includes a Hitachi Global Storage Technologies
machine, its features, conversions, upgrades, elements, or
accessories, or any combination of them. The term "Machine"
does not include any software program, whether
pre–loaded with the Machine, installed subsequently, or
otherwise.
Warranty Period –
Ultrastar Products – 5 years
Deskstar Products – 3 years after April 25, 2005
Deskstar E7K500 drives shipped on or after March 1, 2006
(Part Numbers: 0A31619 and 0A32937) – 5 years
Deskstar Product, all 8MB cache buffer models – 3
years
Deskstar Products, 512K or 2MB cache buffer models sold
between November 15, 2002 – April 24, 2005 1 year
Deskstar Products, 512K or 2MB cache buffer models sold prior
to November 15, 2002 – 3 years
Deskstar Products, 7K250 2MB cache buffer models sold between
November 15, 2002 and April 24, 2005 (not including Deskstar
180GXP or prior products) (2 years for Europe)
Deskstar Products, 512K, 7K250, or 2MB cache buffer models
sold on or after April 25, 2005 – 3 years
Travelstar Products, 1.8" form factor – 1 year ( 2
years for Europe)
Travelstar Products, 2.5" form factor – 3 years
Microdrive Products – 1 year ( 2 years for Europe)
- Hitachi GST does not offer end–user warranty for
Microdrive products that are embedded in third–party
consumer electronic devices.
- Our warranty is to the manufacturers of those devices.
- If you believe you are experiencing problems with the
Microdrive component of your consumer device, please
contact the device manufacturer for warranty guidelines.
- End–users who attempt to extract the embedded
Microdrive digital media from third–party consumer
products do so at their own risk.
- Extraction of the Microdrive component from
third–party devices may result in significant damage
to the hard drive.
- In addition, embedded Microdrive products are tested to
work within targeted specifications, and are not intended
for removability.
- The embedded Microdrive media may or may not work once
extracted from the device for which it was intended.
To obtain warranty service information for the Machine, contact
the appropriate Hitachi Global Storage Technologies Call
Center. |
The Hitachi Global Storage Technologies
Warranty for Machines
Hitachi Global Storage Technologies warrants that each Machine 1) is
free from defects in materials and workmanship and 2) conforms to
Hitachi Global Storage Technologies' Official Published Specifications.
(See http://www.hitachigst.com for details) The warranty period for a
Machine is a specified, fixed period commencing on your date of
purchase. A valid proof of purchase may be required. If you do not have
a valid proof of purchase, the warranty period will be measured from
the date of sale from Hitachi Global Storage Technologies to the
authorized Hitachi Global Storage Technologies Distributor.
If, during the warranty period, the Machine is not
in good working order, Hitachi Global Storage Technologies will, at its
option, repair or replace it at no additional charge, except as is set
forth below. A refund may also be available from your point of
purchase.
In some cases, the replacement Machine may not be
new and may have been previously installed. Regardless of the Machine's
production status, Hitachi Global Storage Technologies' appropriate
warranty terms apply.
Extent of Warranty
The warranty does not cover the repair or exchange of a Machine
resulting from misuse, accident, modification, unsuitable physical or
operating environment, improper maintenance by you, or failure caused
by a product for which Hitachi Global Storage Technologies is not
responsible. The warranty is voided by removal or alteration of Machine
or parts identification labels.
THESE WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND
REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THESE WARRANTIES
GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH
VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF EXPRESS OR IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. IN THAT EVENT, SUCH
WARRANTIES ARE LIMITED IN DURATION TO THE WARRANTY PERIOD. NO
WARRANTIES APPLY AFTER THAT PERIOD.
The warranty described in this statement applies
only to drives returned from the United States, Canada, Mexico,
Austria, the Netherlands, Ireland, United Kingdom, France, Spain,
Portugal, Switzerland, Denmark, Norway, Germany, Italy, Sweden, Greece,
Luxembourg, Belgium, Finland, Australia, Hong Kong, South Korea,
Malaysia, New Zealand, Singapore, Taiwan, and Thailand.
For warranty service in other countries and
regions, contact your point of purchase.
Items Not Covered by Warranty
Hitachi Global Storage Technologies does not warrant uninterrupted or
error–free operation of a Machine.
Unless specified otherwise, Hitachi Global Storage
Technologies provides non–Hitachi Global Storage Technologies
machines WITHOUT WARRANTIES OF ANY KIND.
Any technical or other support provided for a
Machine under warranty, such as assistance via telephone with
"how–to" questions and those regarding Machine set–up and
installation, will be provided WITHOUT WARRANTIES OF ANY
KIND.
Warranty Service
Warranty service may be obtained from Hitachi Global Storage
Technologies by returning a Hitachi Global Storage Technologies Returns
Material Authorization and the Machine to the Hitachi Global Storage
Technologies logistics center during the warranty period. You may be
required to present proof of purchase or other similar proof of
warranty entitlement. You are responsible for any associated
transportation charges, duties and insurance between you and the
Hitachi Global Storage Technologies Logistics Center. In all instances,
you must ship Machines in Hitachi Global Storage Technologies approved
packaging. Information on packaging guidelines can be found at:
http:/www.hitachigst.com/warranty. Hitachi Global Storage Technologies
will ship repaired or replacement Machine Delivery Duty Prepaid (DDP)
and will pay for return shipment. You will receive title to the
repaired or replacement Machine at the Logistic Center and will be the
importer of record.
The following Logistic Centers will accept returned Machines for
Hitachi Global Storage Technologies:
| Europe |
North
America |
Hitachi Global Storage Technologies
European Logistics Centre
C/O UPS Supply Chain Solutions
Attn RMA Department
Marie Curieweg 20
6045 GH Roermond
The Netherlands |
Hitachi Global Storage Technologies, Inc.
c/o UPS Worldwide Logistics
North America Logistics Center
11811 Landon Drive
Mira Loma, CA 91752
United States |
| Asia/Pacific |
|
Hitachi Global Storage Technologies
Singapore, Pte Ltd, Returns Dept.
Asia Pacific Logistics Center
c/o UPS SCS (Singapore) Pte Ltd
31 ALPS Avenue, #03–00
Singapore 498784 |
|
When warranty service involves the exchange of a Machine or part,
the item Hitachi Global Storage Technologies or your reseller replaces
becomes its property and the replacement becomes yours. You may obtain
an RMA by contacting the appropriate Hitachi Global Storage
Technologies Call Center or at http://www.hitachigst.com/warranty. You
represent that all removed items are genuine and unaltered. In some
cases, the replacement Machine may not be new and may have been
previously installed. Regardless of the Machine's production status,
Hitachi Global Storage Technologies' appropriate warranty terms apply.
Before Hitachi Global Storage Technologies or your reseller
exchanges a Machine or part, you agree to remove all features, parts,
options, alterations, and attachments not under warranty service.
You also agree to
1. ensure that the
Machine is free of any legal obligations or restrictions that prevent
its exchange;
2. obtain authorization
from the owner to have Hitachi Global Storage Technologies or your
reseller service a Machine that you do not own; and
3. where applicable,
before service is provided
i. follow the
problem determination, problem analysis, and service request procedures
that Hitachi Global Storage Technologies or your reseller provides,
ii. secure all programs,
data, and funds contained in a Machine, and
iii. provide Hitachi
Global Storage Technologies or your reseller with sufficient, free, and
safe access to your facilities to permit them to fulfill their
obligations.
Hitachi Global Storage Technologies is responsible for loss of, or
damage to, your Machine while it is 1) in Hitachi Global Storage
Technologies' possession or 2) in transit in those cases where Hitachi
Global Storage Technologies is responsible for the transportation
charges.
Neither Hitachi Global Storage Technologies nor your reseller is
responsible for any of your confidential, proprietary or personal
information contained in a Machine which you return to Hitachi Global
Storage Technologies or your reseller for any reason. You should remove
all such information from the Machine prior to its return.
Production Status
Each Hitachi Global Storage Technologies Machine is manufactured
from new parts, or new and used parts. In some cases, the Machine may
not be new and may have been previously installed. Regardless of the
Machine's production status, Hitachi Global Storage Technologies'
appropriate warranty terms apply.
Limitation of Liability
Circumstances may arise where, because of a default on Hitachi
Global Storage Technologies' part or other liability, you are entitled
to recover damages from Hitachi Global Storage Technologies. In each
such instance, regardless of the basis on which you are entitled to
claim damages from Hitachi Global Storage Technologies (including
fundamental breach, negligence, misrepresentation, or other contract or
tort claim), Hitachi Global Storage Technologies is liable for no more
than
1. damages for bodily
injury (including death) and damage to real property and tangible
personal property; and
2. the amount of any
other actual direct damages up to the greater of (i) US $ 10,000 (ten
thousand US dollars) or the equivalent in local currency, or (ii) the
charges for the Machine that is the subject of the claim.
This limit also applies to Hitachi Global Storage Technologies'
suppliers and your reseller. It is the maximum for which Hitachi Global
Storage Technologies, its suppliers, and your reseller are collectively
responsible.
UNDER NO CIRCUMSTANCES IS Hitachi Global Storage
Technologies LIABLE FOR ANY OF THE FOLLOWING: 1) THIRD–PARTY
CLAIMS AGAINST YOU FOR DAMAGES (OTHER THAN THOSE UNDER THE FIRST ITEM
LISTED ABOVE); 2) LOSS OF, OR DAMAGE TO, YOUR RECORDS OR DATA; OR 3)
SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OR FOR ANY ECONOMIC
CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR SAVINGS), EVEN IF
Hitachi Global Storage Technologies, ITS SUPPLIERS OR YOUR RESELLER IS
INFORMED OF THEIR POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Statement of Limited Warranty
Part 2 – Country–unique Terms
A: EUROPE, MIDDLE EAST & AFRICA
1. The following terms apply to all countries in Europe, the
Middle East and Africa (EMEA).
"In the European Union, consumers have legal rights under applicable
national legislation governing the sale of consumer goods. Such rights
are not affected by the warranties provision outlined in this document
."
"The terms of this Statement of Warranty apply to Machines purchased
from or supplied through a Hitachi Global Storage Technologies
distributor. If you purchased this Machine from Hitachi Global Storage
Technologies, the terms and conditions of the applicable Hitachi Global
Storage Technologies agreement prevail over this warranty statement."
"Warranty Service
If you purchased an Hitachi Global Storage Technologies Machine in
Austria, Belgium, Denmark, Estonia, Finland, France, Germany, Greece,
Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, the
Netherlands, Norway, Portugal, Spain, Sweden, Switzerland or the United
Kingdom, you may obtain warranty service for that Machine in any of
those countries from either (1) Your point of purchase; or (2) if
returned from European Union countries, Norway, or Switzerland, direct
from Hitachi Global Storage Technologies.
If you purchased an Hitachi Global Storage Technologies Machine in
Albania, Armenia, Belarus, Bosnia and Herzegovina, Bulgaria, Croatia,
Czech Republic, Georgia, Hungary, Kazakhstan, Kirghizia, Federal
Republic of Yugoslavia, Former Yugoslav Republic of Macedonia (FYROM),
Moldova, Poland, Romania, Russia, Slovak Republic, Slovenia, or
Ukraine, you may obtain warranty service for that Machine in any of
those countries from either (1) Your point of purchase; or (2) if
returned from European Union countries, Norway, or Switzerland, direct
from Hitachi Global Storage Technologies.
The applicable laws, Country–unique terms and competent court
for this Statement are those of the country in which the warranty
service is being provided. However, the laws of Austria govern this
Statement if the warranty service is provided in Albania, Armenia,
Belarus, Bosnia and Herzegovina, Bulgaria, Croatia, Czech Republic,
Federal Republic of Yugoslavia, Georgia, Hungary, Kazakhstan,
Kirghizia, Former Yugoslav Republic of Macedonia (FYROM), Moldova,
Poland, Romania, Russia, Slovak Republic, Slovenia, and Ukraine."
"Microdrive products acquired in Europe have a warranty period of
two years from the first date of purchase by the end user".
2. FRANCE: Limitation of Liability : The following
replaces the second sentence of the first paragraph of this Section:
In such instances, regardless of the basis on which you are entitled
to claim damages from Hitachi Global Storage Technologies, Hitachi
Global Storage Technologies is liable for no more than: (items 1 and 2
unchanged).
3. GERMANY: The Hitachi Global Storage Technologies Warranty
for Machines : The following replaces the first sentence of
the first paragraph of this Section:
The warranty for a Hitachi Global Storage Technologies Machine
covers the functionality of the Machine for its normal use and the
Machine's conformity to its Specifications.
The following paragraph is added to this Section:
In case Hitachi Global Storage Technologies or your reseller are
unable to repair an Hitachi Global Storage Technologies Machine, you
can alternatively ask for a partial refund as far as justified by the
reduced value of the unrepaired Machine or ask for a cancellation of
the respective agreement for such Machine and get your money refunded.
Extent of Warranty: The second paragraph does not
apply.
Warranty Service: The following is added to this
Section:
During the warranty period, transportation for delivery of the
failing Machine to Hitachi Global Storage Technologies will be at
Hitachi Global Storage Technologies' expense. The customer should
request a pickup of the defective drive directly from the warranty
department. This service is only available for end–users; not
for resellers or distributors.
Limitation of Liability: The following is added to
this Section:
The limitations and exclusions specified in the Statement of
Warranty will not apply to damages caused by Hitachi Global Storage
Technologies with fraud or gross negligence and for express warranty.
The following sentence is added to the end of the first paragraph of
item 2:
Hitachi Global Storage Technologies' liability under this item is
limited to the violation of essential contractual terms in cases of
ordinary negligence.
4. IRELAND: Extent of Warranty : The following is
added to this Section:
Except as expressly provided in these terms and conditions, all
statutory conditions, including all warranties implied, but without
prejudice to the generality of the foregoing all warranties implied by
the Sale of Goods Act 1893 or the Sale of Goods and Supply of Services
Act 1980 are hereby excluded.
Limitation of Liability: The following replaces
items one and two of the first paragraph of this Section:
1. death or personal injury or physical damage to your real property
solely caused by Hitachi Global Storage Technologies' negligence; and
2. the amount of any other actual direct damages up to the greater of
€10,000 (ten thousand euro) or 125 percent of the charges (if
recurring, the 12 months' charges apply) for the Machine that is the
subject of the claim or which otherwise gives rise to the claim.
Applicability of suppliers and resellers (unchanged).
The following paragraph is added at the end of this Section:
Hitachi Global Storage Technologies' entire liability and your sole
remedy, whether in contract or in tort, in respect of any default shall
be limited to damages.
5. ITALY: Limitation of Liability : The following
replaces the second sentence in the first paragraph:
In each such instance unless otherwise provided by mandatory law,
Hitachi Global Storage Technologies is liable for no more than: (item 1
unchanged) 2) as to any other actual damage arising in all situations
involving non–performance by Hitachi Global Storage Technologies
pursuant to, or in any way related to the subject matter of this
Statement of Warranty, Hitachi Global Storage Technologies' liability,
will be limited to the total amount you paid for the Machine that is
the subject of the claim.
Applicability of suppliers and resellers (unchanged).
The following replaces the second paragraph of this Section:
Unless otherwise provided by mandatory law, Hitachi Global Storage
Technologies and your reseller are not liable for any of the following:
(items 1 and 2 unchanged) 3) indirect damages, even if Hitachi Global
Storage Technologies or your reseller is informed of their possibility.
6. UNITED KINGDOM: Limitation of Liability The
following replaces items 1 and 2 of the first paragraph of this
Section:
1. death or personal injury or physical damage to your
real property solely caused by Hitachi Global Storage Technologies'
negligence;
2. the amount of any other actual direct damages or
loss up to the greater of £15,000 (fifteen thousand pounds) or 125
percent of the charges (if recurring, the 12 months' charges apply) for
the Machine that is the subject of the claim or which otherwise gives
rise to the claim; and.
The following item is added to this paragraph:
3. breach of Hitachi Global Storage Technologies' obligations
implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the
Supply of Goods and Services Act 1982.
Applicability of suppliers and resellers (unchanged).
The following is added to the end of this Section:
Hitachi Global Storage Technologies' entire liability and your sole
remedy, whether in contract or in tort, in respect of any default will
be limited to damages.
B: ASIA PACIFIC
1. AUSTRALIA: The Hitachi Global Storage Technologies
Warranty for Machines: The following paragraph is added to
this Section:
The warranties specified in this Section are in addition to any
rights you may have under the Trade Practices Act 1974 or other
legislation and are only limited to the extent permitted by the
applicable legislation.
Extent of Warranty: The following replaces the
first and second sentences of the Extent of Warranty Section:
The warranty does not cover the repair or exchange of a Machine
resulting from misuse, accident, modification, unsuitable physical or
operating environment, operation in other than the Specified Operating
Environment, improper maintenance by you, or failure caused by a
product for which Hitachi Global Storage Technologies is not
responsible.
Limitation of Liability: The
following is added to this Section:
Where Hitachi Global Storage Technologies is in breach of a
condition or warranty implied by the Trade Practices Act 1974, Hitachi
Global Storage Technologies' liability is limited to the repair or
replacement of the goods or the supply of equivalent goods. Where that
condition or warranty relates to right to sell, quiet possession or
clear title, or the goods are of a kind ordinarily acquired for
personal, domestic or household use or consumption, then none of the
limitations in this paragraph apply.
2. NEW ZEALAND: The Hitachi Global Storage Technologies
Warranty for Machines: The following paragraph is added to
this Section:
The warranties specified in this Section are in addition to any
rights you may have under the Consumer Guarantees Act 1993 or other
legislation which cannot be excluded or limited. The Consumer
Guarantees Act 1993 will not apply in respect of any goods which
Hitachi Global Storage Technologies provides, if you require the goods
for the purposes of a business as defined in that Act.
Limitation of Liability : The following is added to
this Section:
Where Machines are not acquired for the purposes of a business as
defined in the Consumer Guarantees Act 1993, the limitations in this
Section are subject to the limitations in that Act.
© 2003, 2004, 2005 Hitachi Global Storage Technologies, Inc.
www.hitachigst.com
Printed in the United States of America
04/2005
All Rights Reserved
Hitachi Global Storage Technologies is the registered trademark of
Hitachi Global Storage Technologies, Inc.
Other company, product, and service names may be trademarks or
service marks of others.
Date: April 25, 2005
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