1.1 “Product(s)” means production level components of LSI solid state application acceleration cards, including but not limited to, the Nytro family of flash-based acceleration products and excluding Nytro Predictor software and any other non-embedded software.
1.2 “Warranty Period” means the lesser of the period of thirty-six (36) months from the date of shipment or the end of the Drive Life, which is when the Drive Life Warranty Indicator on the Product reaches zero (0).
1.3 “Drive Life Warranty Indicator” means the indicator in the Product that tracks the NAND write levels and compares those to the warranted NAND writes.
1.4 “Drive Life” means amount of drive life remaining for the Product.
1.5 “Supplier” means LSI Corporation.
1.6 “Customer” shall mean the customer purchasing the Product from LSI Corporation or an Authorized Distributor of LSI.
1.7 Product Warranty.
(A) Supplier warrants that the Products will be new and unused at the time of delivery.
(B) Supplier warrants for the Warranty Period that:
(1) Products will perform in accordance with the applicable Specifications, and
(2) Products will be free from defects in materials, workmanship and design.
(C) Exclusions From Product Warranty. The warranties given in Sections (A) and (B) will not apply to:
(1) Product that has been modified, altered or repaired without Supplier’s authorization;
(2) Product that is sold for pre-production, beta, evaluation, testing or demonstration purposes;
(3) Product operated outside the parameters established in the applicable Specification or in any high-risk
(4) Product that is damaged after shipment or subject to misuse, improper maintenance or installation, neglect or
abuse by Customer or any subsequent end user.
1.8 Replacement Procedure.
During the Warranty Period only, Supplier will at its sole option, credit, replace or repair any defective Product. Supplier will issue a Return Material Authorization (“RMA”) to Customer within three (3) Business Days after Customer’s notice a Product is defective and Customer will include the RMA information with the shipment of the Product to Supplier. In the event of Product replacement, Supplier will deliver similar or equivalent (including the next Product generation) replacement Product to the location designated by Customer within seven (7) Business Days of receipt of the defective Product. Replacement Product or parts used in the Product for replacement or repair may be refurbished. Supplier will pay all freight charges, duty, taxes, customs and/or fees associated with the inbound RMA return of the defective Product, and Customer will pay all freight charges, duty, taxes, customs and/or fees associated with the return of the repaired or replaced Product, unless the RMA Product is reasonably determined by Supplier to not be defective, in which case Customer will bear all such charges for the inbound RMA shipment and return shipment of the repaired or replaced Product. Supplier will ship repaired or replacement Product to the destination specified by Customer. The party paying for the costs of shipping will select the carrier. The replaced or repaired Product returned after the RMA will only be warranted for the remainder of the Product’s original Warranty Period, if any. If upon return of the RMA Product greater than fifty percent (50%) of the Drive Life Warranty has been consumed and LSI chooses to credit the Customer, LSI will only credit up to fifty percent (50%) of the Product purchase price.
For any RMA for Products with embedded storage, the information on the embedded storage will be erased and/or destroyed upon return to Supplier. SUPPLIER IS NOT RESPONSIBLE FOR ANY INFORMATION OR DATA ON THE EMBEDDED STORAGE DEVICE, INCLUDING ANY DATA LOSS, AND DISCLAIMS ALL LIABILITY RELATED TO SUCH INFORMATION AND EMBEDDED STORAGE. EXCEPT FOR THE LIMITED WARRANTY STATED IN THIS SECTION, ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, WITH RESPECT TO ANY PRODUCT OR OTHER ITEMS DELIVERED UNDER THESE TERMS AND CONDITONS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED. THIS SECTION SETS FORTH LSI’S SOLE OBLIGATION AND CUSTOMER’S EXCLUSIVE REMEDY FOR WARRANTY ISSUES AND ANY DAMAGES OR LIABILITY CAUSED BY ANY PRODUCT DEFECT OR FAILURE.