DarkPhoenix [DEPOSIT]

DarkFusion Systems Warranty

DarkFusion Systems Limited Warranty & Technical Support Agreement.

We hope we never have to use it, but it serves to protect us and your rights as a customer.

This Warranty is specific to the DarkFusion Computers (DarkPhoenix). All Peripherals are covered under a 30 Day modification of this agreement.

This DarkFusion Systems Limited Warranty & Technical Support Agreement (this “Warranty”) gives the original purchaser (“you”) of the system (as defined below) express limited warranty rights from DarkFusion Systems, LLC (“DarkFusion” or “DarkFusion Systems”) during the Warranty Period (as defined below).

General Terms

DarkFusion warrants that any part of the hardware system, excluding software, documentation, and similar items (the “System”) will be free from defects in workmanship and materials for a period of one year (1 year) after the date of delivery of the System, or such longer period as applicable under the terms of any extended warranty option purchased by you (the “Warranty Period”). During the Warranty Period, DarkFusion Systems will repair, replace, or refund, as determined by DarkFusion Systems at its sole discretion, any defective Systems or parts thereof. This Warranty does not cover and, for the purposes of this Warranty, “System” does not include, software applications or programs, including without limitation, any operating systems and third-party software, or any documentation that was included with the System. DarkFusion Systems’s obligations under this Warranty, at its sole discretion, to repair, replace, or refund for a System that manifests a defect in materials or workmanship ceases upon the expiration of the Warranty Period.

This Warranty does not cover damage or defects that are due to normal wear and tear, accident, abuse, misuse, problems with electrical power, usage that is not in accordance with the System instructions, failure to follow the System instructions, or failure to perform preventive maintenance. Your Warranty will be rendered void if the System Unique Identifier tag or serial number is missing, damaged, or altered. If you upgrade or change the System in any way after it is delivered to you, this Warranty shall immediately become void.

Shipping

The customer (“You”) will cover the shipping costs of any order to our office for any such repairs or services outlined in this Warranty. DarkFusion will cover the shipping upon return to You. Customer must be within the 48 contiguous United States.

Disclaimers & Limitation

Repair or replacement as outlined herein constitutes your sole and exclusive remedies for breach of this Warranty.

DarkFusion shall not be liable for any direct, indirect, special, incidental, consequential or other damages, whether based upon breach of contract, breach of warranty, negligence, or strict liability, including but not limited to loss of profit, loss of revenue, loss of data or software, loss of use of the System, loss of use of related equipment, cost of substitute or replacement equipment, “down-time”, your time, injury to property, and all claims of any third parties. EXCEPT AS EXPRESSLY STATED HEREIN, DarkFusion Systems, LLC MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD BY DarkFusion Systems, LLC, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE.

YOU SHOULD MAKE PERIODIC BACKUP COPIES OF THE DATA STORED ON YOUR SYSTEM AS A PRECAUTION AGAINST POSSIBLE FAILURES, ALTERATION, OR LOSS OF THE DATA. BEFORE RETURNING ANY SYSTEM, BE SURE TO BACK UP DATA AND REMOVE ANY CONFIDENTIAL, PROPRIETARY, OR PERSONAL INFORMATION. TO THE EXTENT PERMITTED BY LOCAL LAW, DarkFusion IS NOT RESPONSIBLE FOR DAMAGE TO OR LOSS OF ANY PROGRAMS, DATA, OR REMOVABLE STORAGE MEDIA. TO THE EXTENT PERMITTED BY LOCAL LAW, DarkFusion IS NOT RESPONSIBLE FOR THE RESTORATION OR REINSTALLATION OF ANY PROGRAMS OR DATA OTHER THAN SOFTWARE INSTALLED BY DarkFusion WHEN THE SYSTEM IS MANUFACTURED, SUBJECT TO ANY APPLICABLE UPDATES. MEMORY DATA MAY BE LOST DURING REPAIR.

Your Responsibilites

In order for DarkFusion Systems to provide you with the best possible service under this Warranty, you agree to:

• Provide true, accurate, and complete information when filing a claim.
• Provide an environment that meets DarkFusion requirements, including protecting the system from contamination, spills, corrosion, falls, drops, or other damage.
• Remove any external options or accessories that would be subject to loss during the repair or replacement process.
• Make periodic backup copies of your files, data, or programs stored on your hard drive or other storage devices as a precaution against possible failures, alteration, or loss. Before returning any System for warranty support or repairs, you agree to back up your files, data, and programs, and remove any confidential, proprietary, or personal information.
• Verify configurations, load most recent firmware, install software patches, and run diagnostics and utilities on your System.
• Cooperate with DarkFusion Systems in attempting to resolve any issues using online chat, email, or telephone. This may involve performing routine diagnostic procedures, installing additional software updates or patches, removing third-party options, and/or substituting options.

Finally…

This Warranty, including the Terms of Service or other terms applicable to specific DarkFusion products or services, contain the entire understanding between you and DarkFusion, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and DarkFusion with respect to the System.