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
C/O UPS Supply Chain Solutions
Marie Curieweg 20
6045 GH Roermond
NL Netherlands
|
Hitachi Global Storage Technologies
C/O UPS Supply Chain Solutions
North America Logistics Center
11811 Landon Dr.
MIRA LOMA, CA 91752
United States |
| Asia/Pacific |
Hong Kong |
Hitachi Global Storage Technologies
Singapore Pte Ltd.
c/o UPS SCS (Singapore) Pte Ltd.
31 ALPS Avenue, #03-00
498784 Singapore |
Hitachi Global Storage Technologies
C/O CEVA
1/F, Tradeport Logistics Centre,
Hong Kong Int'l Airport, No. 21 Chun Yue Rd.
Lantau, Hong Kong |
| Japan |
|
Hitachi Global Storage Technologies
Japan Ltd.
UPS-SCS Distribution Center
322 Aza-Uchiyama
270-1407 Nauchi, Shiroi-Shi Chiba
Japan |
|
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 |
