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Warranty and Hardware Support Agreement

SPECTRA LOGIC CORPORATION WILL PROVIDE MAINTENANCE SERVICES ON SELECTED EQUIPMENT IN ACCORDANCE WITH THE FOLLOWING TERMS AND CONDITIONS. Spectra Logic will forward an Equipment Schedule to Customer in which the specific products, including serial numbers and service selection, are identified. If Customer's information differs from the details on the Equipment Schedule, Customer will contact Spectra Logic and the parties will resolve the inconsistency.

1. INDEPENDENT SALES REPRESENTATIVE

Services under this Agreement may have been offered to Customer by an equipment manufacturer or reseller ("Independent Sales Representative"). Independent Sales Representatives have no authority to make representations on behalf of or to bind Spectra Logic.

2. AGREEMENT TERM

The initial term of this Agreement shall be one year commencing on the service start date specified on the Equipment Schedule and shall be automatically renewed for successive one-year terms, unless either party provides 60 days prior written notice of its intent not to renew. Service on equipment added during the term of this Agreement shall have the then-remaining term of this Agreement.

3. SERVICES

Customer will order one or more services (depending on the product and location) and Spectra Logic will follow up by sending one or more Equipment Schedules noting the service selected and other relevant particulars of the service, which may include appropriate serial numbers and parts. On-site service and next business day shipment of parts may not be available in certain locations. Some support services may not be available on all product lines.

Standard service selections are:

  • SpectraGuard™ Next Business Day
  • SpectraGuard Next Business Day On Site
  • SpectraGuard Same Business Day On Site
  • SpectraGuard Four Hour On Site
  • SpectraGuard Assisted Self Maintenance ("ASM")

(a) SpectraGuard Next Business Day
Spectra Logic will determine and provide applicable remedial maintenance consisting of replacement parts (or at the option of Spectra Logic, replacement units) on an exchange basis for Customer's operating environment the next business day providing that the request for a replacement part or unit is received by 2:30 PM local time,  Monday through Friday excluding observed Spectra Logic holidays. If replacing a unit, the replacement unit may be temporary (loaner unit used until Customer's original unit is repaired and returned to Customer) or permanent (substituted unit used to replace Customer's original unit). Spectra Logic will provide telephone support 8:00 AM to 5:00 PM, Customer Local Time Zone, Monday through Friday, holidays excluded.

Customer may request morning delivery or standard overnight delivery. Spectra Logic will request the Customer's shipping account number at the time of the service request.

Customer is responsible for shipping the defective unit and/or Temporary unit to Spectra Logic within five days of receiving a replacement unit and/or Customer's repaired original unit. If Customer does not return the replacement unit or defective unit within the above time frame, Customer shall promptly pay the then-current list price of the replacement equipment upon receipt of invoice.

(b) SpectraGuard Next Business Day On Site
Response time for this service is next business day, Spectra Logic holidays excluded.  On verification that a part has failed, a replacement will be shipped from the factory to meet a field engineer onsite for replacement the next business day. This service provides telephone support 8:00 AM to 5:00 PM, Monday through Friday, Customer Local Time Zone, Spectra Logic Holidays excluded.  Spectra Logic will determine and provide applicable remedial maintenance consisting of replacement parts (or at the option of Spectra Logic, replacement units) on an exchange basis, and labor at Customer's site if necessary.

Spectra Logic will maintain spare parts and a contracted service organization in the principal area of maintenance, as specified by the level of service selected.

(c) SpectraGuard Same Business Day On Site
Response time for this service is four business hours, on-site as needed Monday through Friday, from 8:00 am to 5:00 pm (local time to the equipment site) excluding Holidays. Spectra Logic will arrive on-site within four business hours of establishing that there is a problem with the Spectra Logic hardware. Customer may specify a time of arrival after the four-hour window provided it falls within the time window specified for this service. This service provides telephone support twenty-four hours a day, seven days a week, three hundred sixty-five days a year. Spectra Logic will determine and provide applicable remedial maintenance consisting of replacement parts (or at the option of Spectra Logic, replacement units) on an exchange basis, and labor at Customer's site if necessary. Spectra Logic will maintain spare parts and a contracted service organization in the principal area of maintenance, as specified by the level of service selected.

(d) SpectraGuard Four Hour On Site
Response time for this service is four-hour, on-site as needed including evenings, weekends and holidays. Spectra Logic will arrive on-site to perform part replacement within four hours of establishing that there is a problem with the Spectra Logic hardware.

Customer may specify a time of arrival after the four-hour window if there is a scheduling concern. This service provides telephone support twenty-four hours a day, seven days a week, three hundred sixty-five days a year. Spectra Logic will determine and provide applicable remedial maintenance consisting of replacement parts (or at the option of Spectra Logic, replacement units) on an exchange basis, and labor at Customer's site if necessary.

Spectra Logic will maintain spare parts and a contracted service organization in the principal area of maintenance, as specified by the level of service selected.

(e) SpectraGuard Assisted Self Maintenance
Assisted Self Maintenance is available only in conjunction with an underlying SpectraGuard support contract. Spectra Logic will stock, at Customer's site, a select group ofField Replaceable Unit ("FRU") parts for customer replacement. Phone support is covered by the service level agreement which has been coupled with Assisted Self Maintenance

When Customer utilizes ASM FRU parts, Spectra Logic will ship a replacement FRU to Customer the following working day after receiving notification from customer of the replacement action. Selection of parts to be provided is at Spectra Logic's sole discretion. Failed parts that have been replaced shall be returned promptly to Spectra Logic.

Customer is responsible for shipping the defective unit and/or Temporary unit to Spectra Logic within five days of receiving a replacement unit and/or Customer's repaired original unit. If Customer does not return the replacement unit or defective unit within the above time frame, Customer shall promptly pay the then-current list price of the replacement equipment upon receipt of invoice.

All on-site FRU parts are the property of Spectra Logic and will be provided on consignment. Customer is responsible for the return of all parts after performing replacement actions. Customer is responsible for the return of all parts at the end of this Agreement or if service is downgraded from Assisted Self Maintenance. Any parts not returned by customer will be the responsibility of the Customer to purchase at the then-current list price for those parts.

4. PROFESSIONAL SERVICES

A variety of Professional Services are available upon request and are separately billed to Customer in accordance with the then-current Spectra Logic price schedule.

5. OUT OF SCOPE SERVICE

Service outside the scope of this Agreement is provided as available in accordance with then-current Spectra Logic rates and policies.

6. CUSTOMER RESPONSIBILITIES

Customer will allow Spectra Logic reasonably necessary access to the equipment and, for on-site services provide, at no charge to Spectra Logic, required facilities such as storage, working space, electricity and a local telephone line.  Customer will use Spectra Logic provided procedures , phone numbers, email or  web site to log a support ticket .

Customer shall work with Spectra Logic in a best effort to provide a reasonable amount of information required for problem diagnosis – which could include software or hardware logs, traces, etc. Customer shall be responsible for the first $5,000US risk of loss or damage while in transit to and from Spectra Logic.

Customer will remove all programs, data and devices attached to the item that are not specified on the Equipment Schedule. If such are not removed, and Spectra Logic shall become aware of such, Spectra Logic shall notify Customer and use reasonable efforts to avoid any loss, disclosure or damage to such attachments. Notwithstanding the foregoing, Spectra Logic shall not be held liable in the event of any inadvertent loss, disclosure or damage to such attachments.

7. CHARGES

Charges are specified on the Equipment Schedule and are invoiced in advance. Other charges, if applicable, are invoiced as incurred. Invoices for part of a billing period are prorated based on a 365-day year. Customer shall pay amounts invoiced within 30 days from the date of receipt of invoice.

Spectra Logic shall not increase charges during initial term. Spectra Logic may increase its charges effective with the next invoice without prior notification, however, not more frequently than once a year.

Prior to acceptance of service, installed equipment not under manufacturer warranty is subject to inspection/repair in accordance with the current Spectra Logic charges and policies.

Customer shall pay or reimburse Spectra Logic for all taxes imposed Spectra Logic for any service or product provided hereunder, exclusive of net income taxes.

If Customer does not pay as provided herein and such non-payment continues for 10 days after written notice, Spectra Logic may terminate this Agreement and pursue all available remedies. Reasonable attorneys' fees and costs shall be awarded to the prevailing party. No delay or failure of Spectra Logic to exercise any right or remedy under this Agreement operates as a waiver thereof.

8. MAINTENANCE MATERIALS

Spectra Logic maintenance materials include all maintenance equipment, test, diagnostic and verification information and routines, tools and documentation (whether on Spectra Logic or Customer owned media and whether on Customer's site, accessible by remote inquiry or incorporated in the equipment). All maintenance materials are and remain the property of Spectra Logic and Spectra Logic may remove, or discontinue usage thereof, as applicable, at any time or Customer shall destroy same upon written request from Spectra Logic. Customer shall take such reasonable and necessary precautions to safeguard Spectra Logic property and to handle such property with the same degree of care that the receiving party applies to its own property, but in no event less than reasonable care.

9. SERVICE LIMITATIONS

The extent of Spectra Logic service is stated in this Agreement. Any service not expressly stated in this Agreement, such as, but not limited to, installing, manufacturer changes, providing operating supplies or software service is outside the scope of this Agreement.

Service due to Customer's failure to follow the equipment manufacturer's specifications, casualty, misuse, abuse, alteration, movement of equipment, software, the attachment of devices not specified in the Equipment Schedule, manufacturer design or manufacturing process defects, or service by other than authorized Spectra Logic representatives is outside the scope of this Agreement. Affected equipment is subject to inspection at then-current Spectra Logic charges and Spectra Logic reserves the right to terminate service for such equipment upon notice to Customer. If Customer moves equipment, the availability of maintenance service is subject to then-current Spectra Logic terms, conditions, prices and policies.

Spectra Logic will notify Customer if, in the opinion of Spectra Logic, maintaining any equipment in good working condition is no longer possible. Spectra Logic may remove such equipment from service, with a pro rata refund to Customer of prepaid charges. Refurbishment is outside the scope of this Agreement. Spectra Logic may provide refurbishment services, as available, in accordance with Spectra Logic's then-current terms, conditions and charges.

10. REMEDIES

Except for an action for payment of taxes, neither party may institute any action in any form arising out of this Agreement more than 2 years after the cause of action has arisen or, in the case of non-payment, more than 2 years from the date of last payment or promise to pay.

Spectra Logic and Customer are not liable for any indirect, special or consequential damages, lost profits or lost data to anyone arising out of this Agreement or the use of maintenance service, documentation or maintenance materials. Customer's exclusive remedy and Spectra Logic's entire liability in contract, tort, negligence or otherwise for maintenance service is the repair or exchange of any equipment or part thereof which is inoperable. If Spectra Logic is unable to make such repair or exchange, then Spectra Logic shall pay Customer's actual damages not to exceed the charges paid by Customer to Spectra Logic for the period that the maintenance service caused the actual damages.

EXCEPT AS EXPRESSLY STATED HEREIN, THERE ARE NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE RESPECTING THIS AGREEMENT OR THE SERVICES, PRODUCTS AND MATERIALS PROVIDED.

11. GENERAL

Except for Customer's obligation of payment, neither party is liable for failure or delay in performance due to causes beyond its reasonable control. If the ability of Spectra Logic to render service is impaired by circumstances beyond its reasonable control, Spectra Logic may terminate service for the affected equipment with a pro rata refund to Customer for prepaid charges.

Customer may assign this Agreement in whole or in part only with the prior written consent of Spectra Logic. Spectra Logic may assign its rights and/or delegate its obligations in whole or in part under this Agreement, or all or part of the payments, to the extent that Spectra Logic obligations to Customer are not affected.

This Agreement may be amended only by a document signed by Customer and Spectra Logic. Customer's order documents are subject to this Agreement, and terms and conditions on Customer's orders are not binding on Spectra Logic even if Customer's order document is accepted. All orders are subject to Spectra Logic credit requirements. This Agreement, including the Equipment Schedule, is governed by Colorado, USA law, venue and jurisdiction, and is the complete and exclusive statement of the agreement between the parties and supersedes all prior oral and written proposals and communications.

This Agreement form is applicable to services rendered in the US and Canada. Concerning services in Europe, the Middle East and Africa, the form shall change as follows: hours stated herein shall be GMT and disputes shall be settled by binding arbitration in accordance with the rules of the London Court of International Arbitration, the site of which shall be London England.

 
   
   
 
   
 



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Last updated 8/14/2013