Dell Technical Warranty/Legal Option Question

Limited Hardware Warranties
Dell Printer Consumables Limited Warranties
Limited Lifetime Warranty for Dell-Branded Tape Media
Dell EqualLogic Warranty and Support Information
Dell KACE Limited Hardware Warranty and Support Information
Dell Compellent Storage Center Standard Limited Warranty Coverage

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Limited Hardware Warranties

Dell-branded hardware products purchased in the U.S. may come with a 90-day, 1-year, 2-year, 3-year, 4-year or 5-year limited hardware warranty. To determine which warranty came with your hardware product(s), see your packing slip, invoice, receipt, or other sales documentation.

What is covered by this limited hardware warranty?

This limited hardware warranty covers defects in materials and workmanship in your Dell-branded hardware products, including Dell-branded peripheral products.

What is not covered by this limited hardware warranty?

This limited hardware warranty does not cover:

Software, including without limitation the operating system and software added to the Dell-branded hardware products through our factory-integration system, third-party software, or the reloading of software Non-Dell branded products and accessories Problems that result from: External causes such as accident, abuse, misuse, or problems with electrical power Servicing not authorized by Dell Usage that is not in accordance with product instructions Failure to follow the product instructions or failure to perform preventive maintenance Problems caused by using accessories, parts, or components not supplied by Dell Products with missing or altered Service Tags or serial numbers Products for which Dell has not received payment Normal wear and tear

FOR COMMERCIAL CUSTOMERS (INCLUDING SMALL, MEDIUM AND LARGE BUSINESS AND GOVERNMENT AND PUBLIC SECTOR CUSTOMERS) AND RESELLERS. This paragraph applies if you purchase Dell products for resale or for commercial or professional purposes. DELL'S RESPONSIBILITY FOR DEFECTS IN MATERIALS OR WORKMANSHIP IS LIMITED TO REPAIR OR REPLACEMENT OF THE PRODUCT AS SET FORTH IN THIS WARRANTY STATEMENT. EXCEPT FOR THE LIMITED WARRANTY EXPRESSLY STATED ABOVE FOR DELL-BRANDED PRODUCTS, DELL MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY (1) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, SUITABILITY, OR NON-INFRINGEMENT; (2) RELATING TO ANY THIRD PARTY PRODUCT OR SOFTWARE; OR (3) REGARDING THE RESULTS TO BE OBTAINED FROM THE PRODUCT OR SOFTWARE. DELL EXPRESSLY DISCLAIMS ALL WARRANTIES NOT STATED IN THIS LIMITED WARRANTY.

FOR CONSUMERS. This paragraph applies if you purchase Dell products that are normally used for personal, family or household purposes. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE (OR JURISDICTION TO JURISDICTION). DELL'S RESPONSIBILITY FOR MALFUNCTIONS AND DEFECTS IN HARDWARE IS LIMITED TO REPAIR OR 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, INVOICE, RECEIPT, OR OTHER SALES DOCUMENTATION. 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.

FOR ALL CUSTOMERS. WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES PROVIDED FOR IN THIS LIMITED HARDWARE 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 OR DAMAGED DATA OR SOFTWARE. DELL DOES NOT WARRANT THAT THE OPERATION OF ANY DELL PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE. OUR LIABILITY WILL BE NO MORE THAN THE AMOUNT YOU PAID FOR THE SPECIFIC 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.

 

How long does this limited hardware warranty last?

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

Portable computer batteries carry the lesser of either a 1-year limited hardware warranty or the length of the limited hardware warranty for the Dell computer with which the battery is shipped. The warranty for a print head that is included as original equipment in the Dell mobile printer is for parts only and is effective for a period of 1 year after the date of purchase of the printer or 1000 prints of printer usage, whichever occurs first. Your Series 5, 6 or 7 PERC controller battery may provide up to 72 hours of controller cache memory backup power when new. Under the 1-year limited hardware warranty, we warrant that the battery will provide at least 24 hours of backup coverage during the 1-year limited hardware warranty period. Projector lamps carry a 90-day limited hardware warranty. Dell-certified and Dell-branded memory purchased separately from a Dell system ("Dell-Certified Memory") carries a lifetime limited hardware warranty. The limited hardware warranty for monitors purchased independent of a system lasts for the time period indicated on your packing slip, invoice, receipt or other sales documentation. Monitors purchased with a system are covered by the system limited hardware warranty. PDAs, earphones, and remote inline controls carry a 1-year limited hardware warranty. Other add-on hardware carries the longer of either a 1-year limited hardware warranty for new parts and a 90-day limited hardware warranty for reconditioned parts or, for both new and reconditioned parts, the remainder of the warranty for the Dell product on which such parts are installed. SATA hard drives in PowerEdgeTM , PowerEdge SCTM and PowerVaultTM systems launched on or after March 24, 2009 (e.g. PowerEdge T110, PowerEdge T310, PowerEdge T410, PowerEdge T610, PowerEdge T710, PowerEdge R210, PowerEdge R310, PowerEdge R410, PowerEdge R510, PowerEdge R610, PowerEdge R710, PowerEdge M610, PowerEdge M710 and PowerVault NX300) carry the lesser of either a 1-year limited hardware warranty or the length of the limited hardware warranty for the Dell system with which the SATA hard drive is shipped. Service offerings may be available to extend the SATA hard drive warranty period on these systems for an additional fee. All variants of the ioDrive® NAND Flash devices carry the lesser of either a 3-year limited hardware warranty or the length of the limited hardware warranty for the Dell system with which the ioDrive® NAND Flash device is shipped and are not eligible for purchase of extended warranty coverage. ioDrive® NAND Flash devices use a silicon technology which has a maximum number of physical bytes which can be written to the device (the "Rated Life"). The applicable limited hardware warranty covers failures due to defects in workmanship and/or materials, but does not cover problems related to the device reaching its maximum Rated Life.

ioDrive® is a registered trademark of Fusion-io.

Select PowerConnectTM products carry a lifetime limited hardware warranty with Basic Hardware Service (repair or replacement) for as long as you own the product. The PowerConnect products covered by the lifetime limited hardware warranty are: the PowerConnect 2800 series, the PowerConnect 3500 series, the PowerConnect 5500 series, the PowerConnect 6200 series and the PowerConnect 8000 series. See www.dell.com/LifetimeWarranty for more details Select PowerConnectTM products carry an extended life limited hardware warranty with Basic Hardware Service (repair or replacement). The extended life limited hardware warranty extends until 5 years after end of product model sales. The PowerConnect products covered by the extended life limited hardware warranty are: the PowerConnect B-FCX series (excluding removable optics and LEDs), the PowerConnect B-FCXs series (excluding removable optics and LEDs), and the PowerConnect J-EX4200 series (excluding fans and power supplies, which carry a warranty of 5 years from date of shipment). The extended life limited hardware Warranty is not transferrable.

The limited hardware warranty on all Dell-branded products purchased directly from Dell begins on the date of the packing slip, invoice, receipt, or other sales documentation. For products purchased from third party retailers or resellers, the limited hardware warranty begins on the date of your original sales receipt. The warranty period is not extended if we repair or replace a warranted product or any parts. Dell may change the availability of limited hardware warranties, at its discretion, but any changes will not be retroactive.

 

What do I do if I need warranty service?

Before the warranty expires, please contact us or our authorized representatives according to the following table. Long distance telephone carrier charges may apply. Please also have your Dell Service Tag or order number available.

If you purchased through a retailer (not directly from Dell), you may be required to provide Dell with your original sales receipt from your purchase to receive any warranty service from Dell.

If you purchased through Best Buy, you must have all original sales receipts from your purchase to receive any warranty service at a Best Buy store.

Contact	Web
Web Support:

Contact	Phone (U.S. Only)	Service Desk (U.S. Only)
Individual Home Consumers:	U.S. Only
Hardware Warranty Support	1-800-624-9896
Customer Service	1-800-624-9897
Best Buy Customers	Carry your Dell notebook, Dell desktop, or Dell monitor purchased with a Dell desktop, into any Best Buy store. Visit www.bestbuy.com to locate the nearest Best Buy store.
Wireless Service Provider	1-800-308-3355 Your wireless service provider may also be able to provide hardware warranty service on your Dell smartphone or tablet.
Individual Home Consumers who purchased through an Employee Purchase Program:
Hardware Warranty Support and Customer Service	1-800-822-8965
Home and Home Office Customers:
Hardware Warranty Support and Customer Service	1-800-456-3355
Small, Medium, Large or Global Commercial Customers, Healthcare Customers, and Value-Added Resellers (VARs):
Support and Customer Service	1-800-822-8965
Government and Education Customers:
Support and Customer Service	1-800-234-1490
Dell-Certified Memory	1-800-BUY-DELL
Alienware
Hardware Warranty Support and Customer Service	1-800-ALIENWARE

What will Dell do?

Prior to contacting Dell, please consult your Owner's Manual or http://support.dell.com/for troubleshooting advice and directions on running hardware diagnostics.

Upon contacting Dell technical support, you will be required to engage in a remote diagnosis session with the tech support agent to help determine the cause of your issue. Remote diagnosis may involve customer access to the inside of the product and multiple or extended sessions. If the Dell technical support agent determines that your issue is the result of a defect in materials or workmanship but the issue is not able to be resolved remotely, Dell, at its sole discretion, may dispatch a replacement part to you, arrange for you to send your product or defective part back to Dell's repair depot, or replace the product with a comparable product that may be new or refurbished. For Alienware customers only, Dell may also elect to dispatch a service technician to your location to perform the repair (see Important Information about In-Home Service After Remote Diagnosis).

If we determine that the problem is not covered under this limited hardware warranty, we may be able to offer you service alternatives on a fee basis.

We use new and refurbished parts made by various manufacturers in performing warranty repairs and in building replacement parts and products. Refurbished parts and products are parts or products that have been returned to Dell, some of which were never used by a customer. All parts and products are inspected and tested for quality. Replacement parts and products are covered for the remaining period of the limited hardware warranty for the product you purchased. Dell owns all parts removed from repaired products and, in most instances, you will be required to return defective parts to Dell.

Dell may use authorized representatives to provide any of the technical support or repair services under this limited hardware warranty.

Important Information about Returning Products to Dell for Repair or Replacement:

Upon a determination by a Dell technical support agent that your product should be returned to Dell for repair or replacement, we will issue a Return Material Authorization Number which you must include with your return. You must return the products to us in their original or equivalent packaging, prepay shipping charges, 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. When you contact us regarding certain products, such as smartphones or tablet products, we may offer to ship you a replacement product prior to receiving your original product back. In such instance, we may require a valid credit card number at the time you request a replacement product. We will not charge or invoice you for the replacement product as long as you return the original product to us within 10 days of your receipt of the replacement product and we confirm that your product issue is covered under this limited hardware warranty. If we do not receive your original product within 10 days, we will charge to your credit card or invoice you for the then-current standard price for the product. If upon receipt of your original product, we determine that your product issue is not covered under this limited hardware warranty, you will be given the opportunity to return the replacement unit, at your sole expense, within ten (10) days from the date we contact you regarding the lack of coverage for your issue or we will charge to your credit card or invoice you the then current standard price for the product. In addition, if you fail to pay Dell the amounts due in connection with such an invoice, Dell may suspend your limited hardware warranty support until the invoice amount is paid. A suspension of your limited hardware warranty for failure to properly return a product will not toll the term of your limited hardware warranty, and the limited hardware warranty will still expire in accordance with its original term.

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. Please only include the product components requested by the phone technician.

Important Information about Part Dispatches by Dell:

For some issues, Dell may dispatch a new or refurbished part for you to replace a defective part, if we agree that the defective part needs to be replaced. You must return the defective part to Dell. When you contact us, we may offer to ship you a replacement part prior to receiving your original part back. In such instance, we may require a valid credit card number at the time you request a replacement part, but we will not charge or invoice you for the replacement part as long as you return the original part to us within 10 days of your receipt of the replacement part. Failure to timely return the defective part to Dell in accordance with the written instructions provided with the replacement part may result in the suspension of your limited hardware warranty support or a charge to your credit card or invoice in the amount of the then-current standard Dell price for that part. A suspension of your limited hardware warranty for failure to properly return a part will not toll the term of your limited hardware warranty, and the limited hardware warranty will still expire in accordance with its original term.

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). 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. Please only include the product components requested by the phone technician.

Important Information about In-Home Service after Remote Diagnosis (Alienware customers only):

If Dell determines that your issue is covered under this limited hardware warranty and the technician cannot correct your problem over the phone or, if applicable, by dispatching a part or replacement product to you, then Dell may dispatch a service technician to your location within the United States (including Puerto Rico, but excluding the other U.S. possessions and territories). Please tell the technician the full address of your system's location. Both the performance of service and service response times depend upon the time of day your call is received by Dell, the service alternative you purchased, parts availability, geographical restrictions, weather conditions and the terms of this limited hardware warranty. An *** must be present at all times during the service technician's visit. You must grant the service technician full access to the system and (at no cost to Dell) have working space, electricity, and a local telephone line. If these requirements are lacking, Dell is not obligated to provide service. In addition, Dell is not obligated to provide service if you fail to provide an environment that is conducive to computer repair, including for example, if you insist on service to be provided at varying locations, if you fail to properly restrain a pet, if you threaten our technician either verbally or physically, if your location or the general area where the system is located is dangerous, infested with insects, rodents pests, biohazards, human or animal excrement and/or chemicals as reasonably determined to be unsafe by our technician. If you or your authorized representative is not at the location when the service technician arrives, the service technician will not be able to service your system and you may be charged an additional amount for a follow-up service call.

If the telephone technician determines that your system needs a replacement part, you authorize the on-site technician to act as your service agent to handle the delivery and return of the warranty parts necessary to render on-site repairs. You may incur a charge if you fail to allow the on-site technician to return non-working/unused units/warranty parts to Dell.

What if I purchased a service contract?

If your service contract is with Dell, 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 a third-party service provider, please refer to that contract for details on how to obtain service.

See www.dell.com/servicecontracts for more details.

May I transfer the limited hardware warranty?

Limited hardware warranties on systems may be transferred if the current owner transfers ownership of the system and records the transfer with us. The limited hardware warranty on Dell-Certified Memory may not be transferred. You may record your transfer by going to Dell's Web site:

Customer Type:	Ownership Transfer Website:
Home and Home Office:	http://support.dell.com/support/topics/global.aspx/support/change_order/tag_transfer?c=us&cs=19&l=en&s=dhs
Small & Medium Business:	http://support.dell.com/support/topics/global.aspx/support/change_order/tag_transfer?c=us&cs=04&l=en&s=bsd
Large Enterprise:	http://support.dell.com/support/topics/global.aspx/support/change_order/tag_transfer?c=us&cs=555&l=en&s=biz
Federal Government:	http://support.dell.com/support/topics/global.aspx/support/change_order/tag_transfer?c=us&cs=RC1009777&l=en&s=fed
State and Local Government:	http://support.dell.com/support/topics/global.aspx/support/change_order/tag_transfer?c=us&cs=RC978219&l=en&s=slg
Higher Education:	http://support.dell.com/support/topics/global.aspx/support/change_order/tag_transfer?c=us&cs=RC956904&l=en&s=hied
K-12 Education:	http://support.dell.com/support/topics/global.aspx/support/change_order/tag_transfer?c=us&cs=RC1084719&l=en&s=k12
Healthcare:	http://support.dell.com/support/topics/global.aspx/support/change_order/tag_transfer?c=us&cs=RC968571&l=en&s=hea

If you do not have Internet access, call your customer care representative or call 1-800-624-9897.

All requests to transfer ownership are at Dell's sole discretion. All such transfers will be subject to the terms and conditions of the original service or limited hardware warranty agreement and Dell's applicable terms and conditions of sale located at www.dell.com/terms.Dell cannot guarantee the authenticity of the products, limited warranties, service or support, or the accuracy of the listings of products you purchase from a third party.

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Dell Printer Consumables Limited Warranties

The following sections describe the limited warranty for Dell-branded and NextLifeTM Ink by Dell printer consumables (ink cartridges, toner cartridges, photo print packs, and photo paper) for the U.S., Canada, and Latin America. Refer to the appropriate limited warranty accordingly.

Consumables Limited Warranty (U.S. and Canada Only)

Dell Ink

Dell warrants to the original purchaser of genuine Dell-branded ink cartridges that they will be free from defects in material and workmanship for two years beginning on the date of invoice.
Dell warrants to the original purchaser of NextLife Ink cartridges that they will be free from defects in material and workmanship for one year beginning on the date of invoice.

Toner

Dell warrants to the original purchaser of genuine Dell-branded toner cartridges that they will be free from defects in material and workmanship for the life of the cartridge under normal use and storage conditions.
Lifetime toner warranty applies to the original toner only and does not apply to refilled or remanufactured toner cartridges.

Dell Paper

Dell warrants to the original purchaser of genuine Dell Premium Photo Paper and photo print packs that they will be free from defects in material and workmanship for 90-days beginning on the date of invoice.

If any of these products prove defective in either material or workmanship, they will be replaced without charge during the limited warranty period if returned to Dell. You must first call our toll-free number to get your return authorization. In the U.S., call 1-800-822-8965; in Canada, call 1-800-387-5757. If we are not able to replace the product because it has been discontinued or is not available, we will either replace it with a comparable product or reimburse you for the cartridge purchase cost, at Dell's sole option. This limited warranty does not apply to product damage resulting from misuse, abuse, accident, cartridge refilling or remanufacturing by customer, neglect, mishandling, or incorrect environments.

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Limited Lifetime Warranty for Dell-Branded Tape Media

Dell warrants to you, the end-user customer, that this product will be free from defects in material and workmanship for the lifetime of the product, if it is properly used and maintained. If this product proves defective in either material or workmanship, Dell, at its option, will (a) repair the product, (b) replace the product, or (c) refund the purchase price of the product, provided that the product has been returned to Dell with proof of purchase, such as a purchase order, invoice, or sales receipt. You must first contact your local Dell support representative for your authorization option. To contact your local support representative, please visit www.dell.com, choose your country using the drop down menu located at the top of the page and then click on services and support. This limited lifetime warranty does not apply to failure of the product resulting from misuse, abuse, accident, neglect or mishandling, improperly adjusted or maintained drives, incorrect environments or wear from ordinary use.

THIS LIMITED LIFETIME WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE, JURISDICTION TO JURISDICTION OR COUNTRY TO COUNTRY. DELL'S RESPONSIBILITY FOR MALFUNCTIONS AND DEFECTS IN HARDWARE IS LIMITED TO REPLACEMENT AS SET FORTH IN THIS LIMITED LIFETIME WARRANTY STATEMENT. EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THIS WARRANTY STATEMENT, DELL DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, FOR THE PRODUCT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, SUITABILITY, OR NON-INFRINGEMENT. ANY IMPLIED WARRANTIES THAT MAY BE IMPOSED BY LAW ARE LIMITED IN DURATION TO THE LIMITED WARRANTY PERIOD. SOME STATES, JURISDICTIONS OR COUNTRIES 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 LIMITED LIFETIME WARRANTY COVERAGE TERMINATES IF YOU SELL OR OTHERWISE TRANSFER THIS PRODUCT TO ANOTHER PARTY.

DELL DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES PROVIDED FOR IN THIS LIMITED LIFETIME 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. DELL'S 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 DELL IS RESPONSIBLE.

SOME STATES, JURISDICTIONS OR COUNTRIES 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.

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Dell Equallogic Warranty and Support Information

Limited Warranty

This Limited Warranty is made as of the date of shipment of the Products to the Customer (the "Effective Date") by and between Dell Inc, its subsidiaries and affiliates, with offices at 300 Innovative Way, Suite 301, Nashua, NH 03062 ("collectively "the Company"), and the Customer (as defined below).

1. Definitions.

In addition to the terms defined elsewhere in this Agreement, the following terms whenever used in this Agreement shall have the following meanings: "Customer" means the end user of the Products. "Hardware" means the Dell EqualLogic PS Series branded array hardware along with any end user manuals supplied by the Company. "Maintenance Releases" means any update, upgrade, revision, patch, bug fix or an improved, upgraded or enhanced version of the Products released by the Company to which Customer is rightfully entitled by way of a valid maintenance agreement, warranty, or other Company offering. Third Party Products are excluded and subject to their own terms and conditions. "Object Code" means computer programs assembled, compiled, or converted to magnetic or electronic binary form on software or hardware media, which are readable and usable by computer equipment, but not generally readable by humans without reverse assembly, reverse compiling, reverse conversion, reverse engineering and/or any other disassembly or decompilation. "Product(s)" means, collectively, the Hardware and Software which may be supplied to Customer. "Software" means all components of the Company's storage management software and related documentation made generally available by the Company from time to time not accompanied by its own license agreement. The term "Software" shall include any and all software, scripts, firmware, and microcode running on Hardware or any computer system, including all Maintenance Releases supplied in accordance with this Agreement. The Software shall be provided in Object Code form only. No source code will be provided. "Third Party Products"means any hardware or software licensed or distributed by the Company to Customer that is not owned by the Company.

EXCEPT AS EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY, THE COMPANY MAKES NO OTHER WARRANTIES OR CONDITIONS, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS NOT STATED IN THIS LIMITED WARRANTY. ANY IMPLIED WARRANTIES THAT MAY BE IMPOSED BY LAW ARE LIMITED IN DURATION TO THE LIMITED WARRANTY PERIOD. SOME STATES OR COUNTRIES DO NOT ALLOW A LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR CONSUMER PRODUCTS. IN SUCH STATES OR COUNTRIES, SOME EXCLUSIONS OR LIMITATIONS OF THIS LIMITED WARRANTY MAY NOT APPLY TO YOU.

This Limited Warranty applies only to Products sold by the Company or their authorized resellers. This Limited Warranty is void if the Product is transferred to anyone other than the end user of record as shown in the Company's sales records.

The Company warrants that the Products that you have purchased from the Company, or their authorized resellers, are free from defects in materials or workmanship under normal use during the Limited Warranty Period. The Limited Warranty Period starts on the later of the date of shipment from the Company or its authorized resellers to you. Products must be registered with the Company to receive warranty service. You are entitled to warranty service according to the terms and conditions of this document if a repair to your Product is required within the Limited Warranty period. This Limited Warranty extends to the original end user purchaser and is not transferable. This Limited Warranty is applicable in all countries and will be honored in any country where the Company or their authorized service providers offer warranty service, subject to the terms and conditions set forth in this Limited Warranty. Warranty service availability and response times may vary from country to country and may also be subject to registration requirements in the country of purchase.

Replacement parts may be new or refurbished equipment. Replacement parts are warranted to be free from defects in material or workmanship for thirty (30) days or for the remainder of the Limited Warranty Period of the Product in which they are installed, whichever is longer.

During the Limited Warranty Period, the Company will repair or replace any defective component. This is your exclusive remedy for defective products. The Company reserves the right to elect, at its sole discretion, to give you a refund of your purchase price instead of a replacement. All component parts or Products removed under the Limited Warranty become the property of the Company. The Limited Warranty does not apply to expendable parts and does not extend to any Product from which the serial number has been removed or that has been damaged or rendered defective (a) as a result of accident, misuse, improper installation, abuse or other external causes, including but not limited to fire, earthquake, flood, natural or unnatural disaster, exposure to chemicals (or levels of chemicals) not ordinarily found in a computer operating environment, or act of God; (b) by operation outside the usage parameters (including, but not limited to, temperature maximums) stated in the user documentation that shipped with the Product;(c) by use of parts not manufactured or sold by the Company; or (d) by modification or service by anyone other than (i) the Company, (ii) a Company authorized service provider, or (iii) your own installation of end user replaceable Company parts.

Although the Company is not under any obligation to provide warranty service for Product damaged in any of the ways mentioned herein, the Company may, in its sole discretion, agree to provide additional service for such Products if, after inspection by an authorized Company representative, the Company determines that the Product is still in acceptable operating condition.

These terms and conditions constitute the complete and exclusive warranty agreement between you and the Company regarding the Product you have purchased. These terms and conditions supersede any prior agreements or representations, including representations made in Company sales literature or advice given to you by the Company or an agent or employee of the Company that may have been made in conjunction with your purchase of the Product. No change to the conditions of this Limited Warranty is valid unless it is made in writing and signed by an authorized representative of the Company.

THE ABOVE WARRANTIES DO NOT APPLY TO DEFECTS RESULTING FROM IMPROPER OR INADEQUATE MAINTENANCE BY CUSTOMER; UNAUTHORIZED MODIFICATION; IMPROPER USE; OPERATION OUTSIDE OF SPECIFICATIONS OR SUPPORTED CONFIGURATIONS FOR THE PRODUCT; ABUSE, NEGLIGENCE, ACCIDENT, LOSS OR DAMAGE IN TRANSIT; IMPROPER SITE PREPARATION; OR UNAUTHORIZED MAINTENANCE OR REPAIR. THE COMPANY DOES NOT WARRANT THAT THE OPERATION OF THIS PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY IS NOT RESPONSIBLE FOR DAMAGE THAT OCCURS AS A RESULT OF YOUR FAILURE TO FOLLOW THE INSTRUCTIONS SUPPLIED WITH THE PRODUCT, INCLUDING, BUT NOT LIMITED TO, THOSE INSTRUCTIONS RELATING TO SAFETY MEASURES TO BE OBSERVED WHEN INSTALLING AND/OR PERFORMING MAINTENANCE ON THE PRODUCT.

YOU SHOULD MAKE PERIODIC BACKUP COPIES OF THE DATA STORED ON YOUR PRODUCT ON THE STORAGE MEDIUM OF YOUR CHOOSING AS A PRECAUTION AGAINST POSSIBLE FAILURES, ALTERATIONS, OR LOSS OF DATA. BEFORE RETURNING ANY UNIT FOR SERVICE, BE SURE TO BACK UP DATA AND REMOVE ANY CONFIDENTIAL, PROPRIETARY, OR PERSONAL DATA. THE COMPANY IS NOT RESPONSIBLE FOR THE PRESERVATION OF ANY DATA OR THE PROTECTION OF ANY CONFIDENTIAL OR PROPRIETARY INFORMATION CONTAINED IN ANY PRODUCT, NOR IS THE COMPANY RESPONSIBLE FOR THE RESTORATION OR REINSTALLATION OF ANY PROGRAMS OR DATA OTHER THAN SOFTWARE INSTALLED BY DELL OR EQUALLOGIC WHEN THE PRODUCT IS MANUFACTURED.

2. Warranty Period and Replacement Parts.

The warranty period for a Product is a specified, fixed period commencing on the original date of shipment from Dell to the Purchaser of the Product.

 

Warranty Service on Dell EqualLogic Products

1 year next business day replacement on parts 1 year Software updates 1 year telephone & email support during local business hours, excluding local national holidays

Note:Service offerings may vary by geographic region. For supported Products purchased from Dell Value Added Resellers ("VAR"), the Customer may contact Dell or the VAR to identify applicable service levels.

Enhancements to this limited warranty may be purchased through a separate Service Partnership Agreement available on your Product Contact your nearest Dell Sales office for more information.

During the Limited Warranty period, the Company will repair or replace defective parts returned to the Company's facility. As part of warranty repairs, the Company may require that the system software/firmware be brought up to date. To request Limited Warranty parts replacement service, you must contact the Company's Customer Service Department within the Limited Warranty period. If Limited Warranty parts replacement service is required, the Company will issue a Return Material Authorization (RMA) Number.

If a part to be replaced falls within the warranty period, the Company will ship the replacement part via express shipping prior to receiving the defective part from you. You must ship the defective part back to the Company in its original or equivalent packaging, prepay shipping charges, and insure the shipment or accept the risk of loss or damage during shipment. If the failed part is not received by the Company within fifteen (15) business days from the date the replacement part was dispatched to customer, or the unit is not returned in the specified packaging, the customer will be invoiced at the list price for the replacement part.

The package must be labeled on the exterior of the shipping carton with the RMA number provided by the Company customer service. Products returned will not be accepted if there is damage due to external causes, including accident, abuse, misuse, natural and unnatural disasters, acts of God, problems with electrical power, servicing not authorized by the Company, usage not in accordance with product instructions, failure to perform required preventive maintenance, problems caused by use of parts and components not supplied by the Company, and damage incurred during shipment of defective parts to the Company for repair. If damage is evident from these causes, the CUSTOMER will be invoiced at the list price for the replacement parts.

 

Contacting Support

If your product fails during the warranty period and the troubleshooting suggestions in the product documentation do not solve the problem, you can receive support by contacting the Company via telephone:
http://support.dell.com/support/topics/global.aspx/support/enterprise_support/en/equal_logic?c=us&l=en&s=gen

 

Country	Telephone
Australia	1800-733-313
Austria	0820 240 58 256
Belgium	0248 28 690
China	800 858 2606
Czech Republic	22 537 2969
Denmark	32 87 5045
European Union (EU) / Emerging Markets EMEA	+44-207-026-0021
Finland	207 533 566
France	0825 004 686
Germany	699 792 2064
Greece	210 812 8918
Holland	0206 74 59 14
Hong Kong	2969-3196
India	1800-425-8045
Ireland	1850 964 270
Italy	269 63 3793
Japan	0120-912-740
Korea	080-860-9918
Luxembourg	24871036
Macau	0800-105
Malaysia	1800-088-1304
New Zealand	800-44-3561
Norway	67 11 75 16
Poland	22 579 5978
Portugal	217 61 6090
Singapore	1800-394-7447
Slovakia	25 750 6981
South Africa	11 709 7729
Spain	902 003 685
Sweden	8 5900 5516
Switzerland	0848 33 00 92
Taiwan	801-601-269
Thailand	1800-006-0005
UK	0844 444 3844
USA / Canada	800-945-3355

Be sure you have the following information available before you call:

Product service tag, model name, and model number Applicable error messages Operating system type and revision Make and model of any iSCSI initiators

Out of Warranty / Out of Support Services

Out of warranty / Out of Support services are available from the Company under the Company's standard terms and conditions.

 

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Dell KACE Limited Hardware Warranty and Support Information

Dell warrants that all Dell KACE or KACE- branded hardware products delivered by or on behalf of Dell to a licensed end user ("KACE Hardware") will be free from defects in materials and workmanship for a period of 3 years from the date of shipment to the end user.

This limited hardware warranty does not cover:

Software, including the operating system, KBOX Agent software, and software added to the KACE Hardware products through our factory-integration system, third-party software, or the reloading of software Problems that result from: External causes such as accident, abuse, misuse, or problems with electrical power Servicing not authorized by Dell; Usage that is not in accordance with product instructions; Failure to follow the product instructions or failure to perform preventive maintenance ; Problems caused by using accessories, parts, or components not supplied by Dell; Products with missing or altered Service Tags or serial numbers; Products for which Dell has not received payment; or Normal wear and tear.

DELL'S RESPONSIBILITY FOR DEFECTS IN MATERIALS OR WORKMANSHIP IS LIMITED TO REPAIR OR REPLACEMENT OF THE PRODUCT AS SET FORTH IN THIS WARRANTY STATEMENT. EXCEPT FOR THE LIMITED WARRANTY EXPRESSLY STATED ABOVE FOR KACE HARDWARE, DELL MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY (1) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, SUITABILITY, OR NON-INFRINGEMENT; OR (2) REGARDING THE RESULTS TO BE OBTAINED FROM THE PRODUCT. DELL EXPRESSLY DISCLAIMS ALL WARRANTIES NOT STATED IN THIS LIMITED WARRANTY. ANY IMPLIED WARRANTIES THAT MAY BE IMPOSED BY LAW ARE LIMITED IN DURATION TO THE LIMITED WARRANTY PERIOD. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE 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 HARDWARE 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.

What do I do if I need warranty service?

Before the warranty expires, please contact us or our authorized representatives via our website: www.kace.com/support . Please also have your Dell Service Tag or order number available.

What will Dell do?

During the limited hardware warranty period, Dell or its authorized representative will repair any KACE Hardware products that prove to be defective in materials or workmanship. If Dell or its authorized representative is not able to repair the product, we will replace it with a comparable product that is new or refurbished.

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: YOU SHOULD MAKE PERIODIC BACKUP COPIES OF THE DATA STORED ON YOUR PRODUCT ON THE STORAGE MEDIUM OF YOUR CHOOSING AS A PRECAUTION AGAINST POSSIBLE FAILURES, ALTERATIONS, OR LOSS OF DATA. BEFORE RETURNING ANY PRODUCT FOR SERVICE, BE SURE TO BACK UP DATA AND REMOVE ANY CONFIDENTIAL, PROPRIETARY, OR PERSONAL DATA. DELL IS NOT RESPONSIBLE FOR THE PRESERVATION OF ANY DATA OR THE PROTECTION OF ANY CONFIDENTIAL OR PROPRIETARY INFORMATION CONTAINED IN ANY PRODUCT, NOR IS DELL RESPONSIBLE FOR THE RESTORATION OR REINSTALLATION OF ANY PROGRAMS OR DATA OTHER THAN SOFTWARE INSTALLED BY DELL WHEN THE PRODUCT IS MANUFACTURED.

How will you fix my product?

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 Dell, 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 hardware warranty for the product you bought. Dell owns all parts removed from repaired products.

May I transfer the limited hardware warranty?

No. Limited hardware warranties on KACE Hardware are not transferrable.

Support and Training

KACE Appliance Installation Support. First time purchasers of KACE Hardware are required to purchase a KACE JumpStart Program at the time of purchase of their initial KACE Hardware. In connection with the KACE JumpStart Program, KACE or a KACE authorized third party will deliver online training to assist you in the installation and basic configuration of the KACE Hardware. This training will also include exercises that enable deployment of KACE Agent Software on up to 150 managed machines as well as instructions on how to successfully deploy KACE Agent Software on the remaining managed machines (if any). The KACE JumpStart Program consists of a fixed number of two hour sessions depending on the specific model and modules purchased.

 

Standard Appliance JumpStart 2 sessions Standard Bundle JumpStart 4 sessions Enterprise Appliance JumpStart 6 sessions Enterprise Bundle JumpStart 12 sessions

 

These sessions must be completed within 60 days of the initial KACE Hardware shipment. Sessions not completed within that time period can be purchased separately at the then current price levels. Dell KACE Support Services. In order for the KACE products to remain fully updated and current with all patches, you must purchase ongoing Software support services. First time purchasers of KACE Hardware or Software are required to purchase support services covering their first year of use at the time of purchase of their initial KACE Hardware or Software. Thereafter, you must elect to continue to purchase annual support services in order to continue to receive support covering the Software, whether delivered together with the KACE Hardware or separately. A description of the technical support services is available at www.kace.com/support. For so long as you maintain a continuous and up-to-date support services contract, you will also be entitled to software patches, upgrades and updates as described in the Dell KACE Software End User License Agreement available at: www.dell.com/softwarelicenseagreement.

Fee for Reinstatement of Lapsed Support Services. In the event that you elect to discontinue support services, or allow support services to lapse, you will not be entitled to receive any patches, upgrades, updates or other software support services, as described above. In addition, if you later desire to reinstate the Dell KACE support services, you may do so but will be required to pay an amount equal to the sum of: (a) all fees for support services that you would have been required to pay between the date of termination and the date of the reinstatement had the support services remained continuously in effect, (b) the then-current annual fee for support services, and (c) a reinstatement fee equal to 25% of the then-current annual support services fee.

Other Professional Services. Professional services activities such as custom integration, unique installation services, script development, data integration and custom packaging may be available from Dell at an additional cost. For a list of current service offerings available for purchase, see: www.kace.com/support

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Dell Compellent Storage Center Standard Limited Warranty Coverage

This document defines the limited warranty coverage provided by Compellent and/or designee.

DEFINITIONS

Certified operational replacement parts means tested and meet Compellent requirements. Coverage Period means those Compellent designated hours pursuant to the defined Warranty Program. Defective parts means Equipment or device, determined either by manual diagnostics or by an authorized service provider or by system self diagnostics to not be functioning as designed. Equipment means the items manufactured, sold or licensed by Compellent and owned or licensed by the Customer including, if applicable, any software or firmware associated with such Equipment . Minor software releases means software code Version revision. Generally speaking, minor releases enhance existing Version functions. Technical Assistance means telephone support via Compellent call center. Version means a specific level of software code, either installed or available. Warranty Period means a specific length of time that commences at ship date and remains valid for the specified time unless otherwise noted.

LIMITED HARDWARE WARRANTY

The standard Compellent hardware Warranty Period is five (5) years from the ship date. The limited hardware warranty covers a replacement part ordering process to be fulfilled by the end of next business day, Monday through Friday, 8AM to 5PM, Central Time, excluding holidays. Once Defective parts are confirmed, Certified operational replacement parts will be shipped, no later than the end of next business day after receipt of request, via ground service. RMA and return shipping instructions will be provided with the warranty replacement part. Labor for troubleshooting, removal, and installation is not covered under this limited hardware warranty.

LIMITED SOFTWARE WARRANTY

Compellent software Warranty Period is ninety (90) days from the ship date. During the Warranty Period , Customers will receive Minor software releases and Bug fixes . Technical Assistance will be provided on a best effort basis, Monday through Friday - 8 AM to 5 PM Central Time, excluding holidays, (i.e. Coverage Period ) for all software covered within the software Warranty Period . Technical Assistance provided outside the defined Coverage Period will be billed at then current Compellent Time and Material rates.

HARDWARE LIMITATIONS

As part of Compellent's Warranty and Compellent's Copilot Support terms and conditions, Compellent is released from its Support and Warranty obligations under the following conditions:

Compellent specifically does not warrant or support:

Products, components, or parts not provided by Compellent; Defects in Compellent's product caused by failure to provide a suitable installation environment for the product; i.e., equipment must be properly installed, maintained, powered and adequately protected by a surge suppressor. Damages caused by use of the Equipment for purposes other than those for which it was designed; Damages caused by "Acts of God," and/or events considered "force majeure" such as fire, flood, smoke, wind, and lightning, etc; Damages caused by unauthorized attachments or modifications; Damages during shipment; or Abuse or misuse by Customer or any third party.

Rev 022311