Server Market | Terms and Conditions of Warranty Service and Support

1. Defintions

Customer means the person or legal entity identified in Server Market’s Quotation or Invoice.

Server Market means Server Market Pty Ltd or Server Market NZ Ltd.

Products means any systems or parts Server Market supplied to the Customer.

Remedial Support means all reasonable endeavours to restore Products to their proper operating condition.

Replacement Parts means spare parts used in repairing products.

Next Business Day Onsite service refers to the onsite technician’s obligation to call the customer to schedule an appointment by the “Next Business Day” after the replacement parts is made available.

2. Provision of Service and Support

If a Customer notifies Server Market that the Products have failed or are malfunctioning within the warranty coverage purchased, Server Market will provide Service and Support in relation to Products as follows:

2.1 Provide the Customer with Telephone Support at its sole option and for as long as it may decide.

2.2 Provide the Customer with Remedial Support if the fault cannot be rectified by Telephone Support. The extent of Remedial Support, and whether it is to be provided remotely or by an on-site visit by a Server Market engineer, are at Server Market’s discretion.

3. Subcontracting

4. Customer's Obligations

4.1 When contacting Server Market for warranty purposes, Server Market reserves the right to ask for information pertaining to ascertaining the validity of purchase including name, address, serial number, invoice and/or warranty number, parts model number, the current version of operation system being used.

4.2 The Customer should describe the problem that the Customer is having with the System with full details.

4.3 If the technician is unable to resolve the problem over the phone, the technician will recommend to the Customer the next course of action to be taken, and advise the steps for the Customer to follow. If the Customer does not follow these steps, Server Market may be unable to provide prompt and efficient service and support.

4.4 The Customer agrees to regularly and continually back up all data and software stored on the Product, and complete a backup prior to seeking Service and Support under these Terms and Conditions.

5. Replacement

5.1 Server Market reserves the right to replace the whole of the Products or any part or parts which may be found to be faulty or in need of investigation.

5.2 Products presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Where a Product is repaired or replaced under the Standard Warranty, the Product will be warranted for the balance of the original Standard Warranty period.

5.3 When installing replacement parts, Server Market may use products or any parts which may or may not be identical in all respects to the faulty Products.

5.4 Server Market reserves the right to supply Products or parts from any manufacturer it may, from time to time, deem appropriate.

5.5 The Customer must return the Product or part replaced to Server Market within 14 days after the date on which the Replacement Product or Replacement Part was delivered to the Customer by Server Market.

5.6 If the Customer does not return the Product or part replaced to Server Market by the due date, the Customer must pay Server Market for the Product or part replaced at Server Market’s then current standard price.

6. Exclusions

6.1 Server Market will provide repair services that are necessary because of any existing defect or where a defect occurs in materials or workmanship in the system or in any system component covered by these Terms and Conditions. Preventive maintenance is not included. Repairs necessitated by software problems (for software not provided by Server Market), or as a result of alteration, adjustment, or repair by anyone other than Server Market (or its authorised representatives) are not included.

6.2 The following events are NOT COVERED under this warranty.

·         Damage caused by water, fire, lighting, earthquake, riot or war

·         Improper or inadequate maintenance or calibration by Purchaser

Purchaser or third party supplied software, interfacing or supplies unauthorized modification improper use or operation outside of the specifications for the product abuse, negligence, accident, loss or damage in transit improper site preparation or unauthorized maintenance or repair.

·         Damage caused by a fault in a telecommunications line, modem, electricity supply, company or authority, local power supply or any external line for which Server Market is not responsible

·         Degradation of equipment due to wear and tear in normal use
e.g. tape heads, video screens and print heads

·         Damage or loss of software programs or data due to equipment or software failure

·         Operating system software, layered software such as development tools and compilers and application software

·         Housekeeping activities, in particular those relating to maintenance of demonstrable back-ups, recovery, archiving, media formatting and bad block management

7. Liability

7.1 Server Market will not be liable for any loss or damage sustained or incurred by the Customer or any third party (including without limitation any loss of use of the Products or loss of or spoiling of any of the Customer’s programs or data) resulting from any fault in the Products, unless such fault is caused by the negligence or wilful misconduct of Server Market, its employees, agents or sub-contractors.

7.2 In the event of a claim by the Customer for breaches by Server Market, it is agreed that to the extent permitted by applicable consumer laws the liability of Server Market shall be limited to the purchase price of the equipment which gave rise to the claim. This shall be of effect whether any such breach may be a breach of condition or of fundamental cause.

7.3 The Customer must indemnify Server Market and keep Server Market fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or wilful misconduct of the Customer, its employees, agents or sub-contractors in connection with the purchase, use or performance of any Server Market products or services.

7.4 Any service response times stated by Server Market in the Service Offerings are approximate only and will not form part of these Terms and Conditions. Server Market will use all reasonable endeavours to meet the stated response times, however Server Market will not be liable for any direct or indirect loss or damage arising from its failure to meet such response times, however caused, as long as Service and Support is provided within a reasonable time where there is no agreed end date for the services.

7.5 Server Market denies liability or responsibility for any damages, loss of profits or other expenses incurred as a result of damage or loss of software programs or data due to equipment or software failure. The customer prior to the call to Server Market for on-site warranty service should back up any data themselves.

7.6 Some Services may require Server Market to access hardware or software that is not supplied by Server Market. Server Market does not take responsibility for third party warranties or for any effect that the Server Market services may have on those warranties.

7.7 Server Market does not warrant that Software will operate in hardware and software combinations selected by the customer, or meet requirements specified by the customer.

7.8 Server Market does not warrant that the operation of Products will be uninterrupted or error free.

Terms and Conditions Updates