Warranty
Statement of Limited
Warranty
Part 1 – General Term
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 resolvability.
-
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 Centre. |
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 centre 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 Centre. 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 Centre and will be the importer of
record.
The following Logistic Centres 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
Alvarado Business Park
30336 Whipple Road, Bldg. F
Union City, Ca 94587
United States |
|
Asia/Pacific |
Taiwan |
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 |
Hitachi Global Storage Technologies
Taiwan Logistics Center
C/O UPS SCS (TAIWAN) CO., Ltd
No 179–14, 18 Neighborhood,
Lu Ju Village, Lu Ju Hsiang,
Taoyuan County,
Taiwan 338 |
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 Centre 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
-
ensure that the Machine is free of any legal obligations or restrictions
that prevent its exchange;
-
obtain authorization from the owner to have Hitachi Global Storage
Technologies or your reseller service a Machine that you do not own; and
-
where applicable, before service is provided
-
follow the problem determination, problem analysis, and service request
procedures that Hitachi Global Storage Technologies or your reseller
provides,
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secure all programs, data, and funds contained in a Machine, and
-
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
-
damages for bodily injury (including death) and damage to real property
and tangible personal property; and
-
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:
-
death or personal injury or physical damage to your real property solely
caused by Hitachi Global Storage Technologies' negligence;
- 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:
-
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