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Xidax Warranty Terms v3.0

(Modified 5/5/2018)

XIDAX LLC and Xidax (collectively “Xidax”) offers to its customers an exclusive Limited Lifetime Service Policy (the “Lifetime Service Policy”) on all NEW laptop and desktop computers purchased from XIDAX. This Lifetime Service Policy is a guarantee that a customer of Xidax who purchases a NEW computer system will not pay for labor or service charges related to any covered computer system, during the lifetime of that system. This Lifetime Service Policy extends only to the original purchaser, original equipment, or subsequent upgrades purchased from and installed by XIDAX and labor/service provided by XIDAX.
In addition to the Lifetime Service Policy, Xidax further warrants the hardware of its NEW computer systems as follows:
• All NEW desktop computer systems include a Lifetime Limited Hardware Warranty (the “Lifetime Warranty”), which covers the original core computer. “Core Computer” is defined as all of the hardware inside the computer case. The Core Computer excludes any special order parts which were specifically requested by the original purchaser, which special order parts are warranted only for as long as their original underlying manufacturer warranty for such parts. AMD Video Cards are considered special order parts, and are warranted for 2 years only. Computer monitors are not part of the Core Computer and are covered by Xidax for 1 year only. Because of rapidly and ever changing computer technology and manufacturers, certain parts or components can become unavailable. During the Lifetime Warranty, XIDAX will, at its sole option, repair or replace any defective desktop computer or defective part thereof, at its discretion, with new, used, refurbished, recertified, or comparable parts; however, if a desktop computer or component is no longer manufactured or widely supported in the marketplace, or is not otherwise commercially available during any warranty period in this agreement, making the repair of a desktop computer impracticable, Xidax may, at its sole option, elect not to repair the desktop computer, but instead issue an in-store credit for the then value of the desktop computer.
• All NEW Laptop computer systems include a 2-Year Limited Hardware Warranty (the “2-Year Warranty”). During the 2-Year Warranty, XIDAX will, at its sole option, repair or replace any defective laptop computer or defective part thereof, at its discretion, with new, used, refurbished, recertified, or comparable parts. The 2-Year Warranty does not cover special order parts which were specifically requested by the original purchaser, which special order parts are warranted only for as long as their original underlying manufacturer warranty for such parts.
The Lifetime Service Policy, Lifetime Warranty, and the 2-Year Warranty (collective the “Warranties”) are all limited as follows:
1. Xidax warrants to the original purchaser that the covered hardware, excluding software, documentation and similar items, will be free of defects in workmanship and materials for the warranty period beginning from the date of delivery to Customer. During the applicable warranty period, Xidax will repair or replace, at its sole discretion, the defective hardware system, for covered defects, free of charge for labor and/or parts depending on your warranty period. Parts may not be the same but will be equivalent parts. If the hardware system is defective within the first 30 days Xidax, LLC will cover all shipping costs if within the continental United States. Outside of the continental United States, the Customer will pay for shipping both ways no matter when an alleged defect arises.
2. Inside the continental United States, Customer will pay for shipping back to Xidax for any components or products sent for service after the initial 30 day period, while Xidax will pay for return shipping back to customer for up to one year after purchase. After the first year of ownership Customer is responsible for any shipping charges to/from Xidax.
3. Products sent in for authorized service/exchange must be shipped in original packaging and accompanied by copies of purchase receipts. Replacement packaging can be requested from Xidax customer support for a nominal fee.
4. Non-XIDAX repairs, upgrades or installations on any covered Xidax computer system are not covered by, and void the Warranties instantly on any system so modified. Every year during the time a computer is covered by the Warranties, Customer is required to initiate a FREE computer cleaning and tune-up via the Xidax virtual control software, when a technician will remotely tune-up the system. Any individual parts sold or installed separately from a New computer system must be purchased and installed by Xidax to be covered by the Lifetime Service Policy, and that separate hardware is only covered to the extent of the original manufacturer’s warranty on such separate parts.
5. Physical damage, abuse, or neglect, and damage caused by shipping, or misapplication of the product, repair modification, exposure to extremes of temperature or humidity, power fluctuations, lightning or improper electrical power are not covered by the Warranties.
6. Used or recertified equipment is sold as-is, without warranty, unless otherwise stated in writing on the original purchase invoice.
7. Software defects are not covered by the Warranties, but may be covered by the warranty of the individual software publishers as set out in the materials accompanying it; opened software is never refundable.
8. Any missing items must be reported within 48 hours of Customer receipt.
9. There are no warranties, express or implied, which are not written herein.
10. It is of utmost importance that Customer protects all data and software on any covered computer system at all times. Xidax is not responsible for loss of time, inconvenience, loss of data or software, inadvertent disclosure of data, loss of files, or any other direct, incidental, or consequential damage loss caused by a covered computer system failing to properly operate, or caused by any fault or negligence of Xidax. Even though Xidax may attempt to backup and transfer certain data, and attempts to avoid situations where Customer data or software is lost, such occurrences of data loss, for a variety of reasons, are common. Customer agrees that prior to delivering a computer for service, Customer has independently backed up all software and data on the computer, and is prepared for, and expects that all data may be lost on the computer during or following any repair procedure, and Customer specifically agrees and understands that this document is intended to limit the liability of Xidax for such data losses. Customer warrants that there is no illegal data or software content on any computer left for Warranties service.
11. Warranty repairs or service do not extend the length of the Warranties and any computer left unclaimed for 30 days becomes the property of Xidax.
12. Liquid cooling/water cooling components are covered for 1 year only, and are not included in the Lifetime Parts warranty on any Xidax system.
13. If purchase was funded using BitCoin and a refund is requested, 20% restocking fee still applies. The refund will be issued in U.S. Dollars less the restocking fee on the original invoice when the order was placed.
14. AMD video cards shall carry a 2-Year Parts Warranty from Xidax. Any AMD video card ordered with a Xidax system is excluded from the Lifetime Parts warranty, and the 2-year parts warranty in this paragraph would then apply to the AMD component specifically.
15. Any kilohash amounts on configurator are simply estimates and are not guaranteed. Mining rigs are not guaranteed to pay for themselves. Xidax is not responsible for bit mining markets or losses.
16. Xidax offers a service commonly referred to as “de-lidding”, which involves treating certain Core Computer components with gel for increased cooling which is beneficial in some over-clocked computers. While Xidax provides this service, it will thereafter not provide a warranty on any computer which it “de-lids”, and no warranty described herein will apply to a computer which has undergone this process.
To obtain service under this warranty, call the Technical Support Department at 1(877) 943-2972. Have your order number available. The technical support staff will assist you in diagnosing the problem over the phone. If the problem cannot be resolved over the phone, we will decide on the best course of action for complete customer satisfaction. If return is authorized, please return the product only as instructed. Do not return any products without prior authorization. Products returned without prior authorization will be held for 15 days pending instruction and return shipment payment and, thereafter, will be salvaged or disposed without any duty to account to Customer. Xidax, LLC will not be responsible for consequential damage to the boards or the system or any of its components caused by either internal or external equipment, shorted connections or components not installed by or purchased from Xidax, LLC. Xidax, LLC will also not be responsible for damages to any components or loss of any data for goods purchased from Xidax, LLC. The limited warranty also does not cover damages or defects that may have been caused by: Shipping damage (other than the original shipment), improper installation or maintenance, misuse, neglect or improper environment, repair, modification, adjustment, or installation of options or parts not by an Xidax, LLC employee, inadequate or excessive electrical power surges, or other power irregularities. Xidax, LLC will also not replace, repair, or refund on any purchase if the item serial numbers do not match, or if the product is not sold directly by Xidax, LLC. Xidax, LLC will replace defective parts with the same or comparable parts at no cost. Any other part replacement that is different from the original configuration must be purchased at cost. Note: Do not include any accessories with your computer system for warranty repairs. If you do provide such materials, Xidax, LLC will not be held responsible for any missing accessories such as software, adapters, etc. In the event no defect is found that is covered by the warranty, Xidax, LLC will charge a test fee, advise the Customer and return the non- defective product when Customer pays the test fees and pays for return shipping. If such fees are not paid within 15 days after notification, the product shall be salvaged or disposed without any duty to account to Customer.
TO OBTAIN SERVICE UNDER THIS WARRANTY
CREDIT AND COLLECTION: Interest will accrue on invoices considered PAST DUE at the rate of 21% ANNUALLY. The person or entity responsible for payment of this invoice will be responsible for collection and attorney fees. All NSF checks will be charged the maximum penalty allowable by law. Except as provided expressly herein Customer specifically waives any and all liability, causes of action, claims or rights Customer may be able to assert against XIDAX for any act, omission or other event of any kind which is related to the sale of a computer, or related to the performance of service repairs and the execution of this document.
Customer specifically agrees that Customer waives, in advance, any causes of action, rights or claims against Xidax related to the loss, disclosure or dissemination of Customer’s data, software, or personal files during or after the performance of warranty service. Customer agrees that any claim or cause of action whatsoever against XIDAX, including but not limited to those in contract or tort, shall be limited to the amount Customer actually paid for a computer system at issue or $1,000.00, whichever is greater.
Xidax desires to maintain a positive relationship with its customers and without waiving any of the limitations in the preceding paragraphs, Xidax may at its sole and exclusive discretion elect to return actual funds paid by Customer for goods or services provided by Xidax. Any such refund is in no way an admission of any liability, wrong-doing or the basis for any cause of action against Xidax and is a simple expression of good will. In the event Customer is offered a refund of monies actually paid, each and every aspect of this Waiver and Limitation of Liability shall remain in full force and effect. Customer waives all rights, claims, causes of action and other damages in excess of actual funds paid and then returned by Xidax.
All sales are final and as is. All deposits to hold merchandise are non-refundable. All returns are at the sole and exclusive discretion of XIDAX, must take place within 30 days of purchase and will be charged a rental fee of 20% of the PURCHASE PRICE, whether the refund is requested before or after shipment of the system. Any returns after 30 days will be charged restocking fee of 20% of the PURCHASE PRICE plus $75 per day rental fee. Microsoft Windows or Office products, or other activated software cannot be accepted back for a refund or credit.
I agree that any dispute regarding this Agreement or subject matter of this Agreement will be submitted only to binding arbitration to be conducted only and exclusively Salt Lake County, Utah. Customer specifically waives all right to pursue any legal or equitable remedy in any city, county, state or federal court of law. In the event either party initiates an appropriate proceeding to enforce or seek any claims under this document or related to the computer purchase or service transaction referenced herein, the prevailing party shall be entitled to an award of reasonable attorney’s fees. The laws of the state of Utah shall govern the interpretation, validity, performance, and enforcement of this agreement. If any provision of this warranty shall be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this warranty shall not be affected thereby.

_____________________________________________________ Date____/____/__________
XIDAX LLC CUSTOMER

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