Place orders through the ABMX website at www.abmx.com (the "ABMX website") or call Sales at 714-259-0736 for assistance. Written quotations are available upon request.

Contact Sales. For help with configuration options before ordering, call Sales at 714-259-0736, Monday to Friday, 8:00 a.m. to 4:30 p.m. Pacific Time.

Approving an order. The Buyer approves an order by placing it through the ABMX website, or by signing or confirming in writing (including by email) an ABMX quotation or order summary. Before approving, the Buyer must review the configuration, quantities, included components, and delivery information, and tell ABMX about any requirement that matters for the Buyer's intended use. A requirement is part of the order only if it is stated in the accepted order. ABMX does not guarantee performance targets, benchmark results, or suitability for a particular workload unless expressly included in the accepted order. Approving an order authorizes ABMX to proceed with that configuration.

Scope of pre-sales assistance. Pre-sales discussion is based on the information supplied and the matters actually discussed. It does not include an audit of the Buyer's environment, validation of the Buyer's entire application or workload, custom software development, or regulatory certification unless those are included in the accepted order or an Approved Written Exception (Section 6).

An automated order confirmation, payment receipt, or quotation is not acceptance of an order. Orders are subject to payment verification, address verification, fraud prevention, product availability, and compliance review.

When an order is accepted. ABMX accepts an order by sending the Buyer an Order Acceptance notice by email, or by beginning order-specific processing, whichever happens first. The Order Acceptance notice confirms the accepted configuration, price, and the version of these Terms that applies. Before acceptance, ABMX may accept or decline any order, in whole or in part, for any reason permitted by law, and will refund any amount paid for a declined order. Before shipment, ABMX may also cancel an accepted order for any other reason, refunding all amounts paid, without further liability.

Pricing and listing errors. If an obvious and material typographical, clerical, configuration, or pricing error affected an order, ABMX may cancel the affected unshipped order, even after acceptance. ABMX will promptly notify the Buyer and refund all amounts paid for the cancelled portion, without any fee, or offer the corrected price for the Buyer to accept or decline.

Compliance review. ABMX may hold, reject, or cancel any domestic or international order, including after payment is received, if export-control or sanctions review, end-use or end-user information, customs or import information, or other verification is required, or if the order does not meet ABMX's sales or export policies. This also applies to repair, replacement, and service transactions. Payment, a prior sale, or a U.S. delivery address does not require ABMX to proceed with a transaction restricted by law or ABMX policy. Refunds for orders ABMX cancels under this Section are handled under Section 10.

ABMX accepts Visa, MasterCard, American Express, wire transfers, and approved cashier's or company checks. For wire or check instructions, contact Accounting and Billing at 714-259-0684. Checks are subject to clearance; allow up to 14 business days. International orders require advance payment by wire transfer only.

Payment fraud protection. Before sending a wire, call Accounting and Billing at 714-259-0684 to confirm the instructions. ABMX never changes its bank details by email alone. Payments sent to an account not authorized by ABMX do not satisfy the Buyer's payment obligation, and ABMX is not responsible for them.

Full payment is required before ABMX begins processing an order, unless an Approved Written Exception states otherwise. Payment does not by itself constitute order acceptance or export approval. ABMX may suspend processing if a payment is declined, reversed, returned, or cannot be verified. ABMX is not liable for delays or losses resulting from failed, declined, or delayed payments.

Payment disputes. A payment dispute or chargeback does not create a cancellation right for an accepted custom order, and the Buyer remains responsible for amounts due under the accepted order. ABMX may provide its order records, including the Buyer's acceptance of these Terms, to the card issuer or payment processor. Please contact Accounting and Billing at 714-259-0684 promptly about any billing problem, or Sales at 714-259-0736 about an order problem, so we can investigate and try to resolve it. Nothing in these Terms waives the Buyer's legal billing-error rights.

The Buyer must provide accurate billing, payment, contact, and delivery information. For credit-card orders, ABMX ordinarily requires that the billing and shipping addresses match, or that an alternate delivery address be satisfactorily verified, for example by adding it to the card account through the card issuer.

ABMX may request additional verification or a different payment method, and may hold or decline an order when verification is insufficient. Delivery address changes are governed by Section 7.

Pricing and quotations. Prices, specifications, and availability may change without notice before order acceptance. A quotation is valid until the expiration date stated on it. Once ABMX accepts an order, ABMX will not increase the product price without the Buyer's agreement, except for governmental charges described below and corrections under Section 2.

Taxes, tariffs, and governmental charges. Unless expressly included, prices exclude sales and use taxes, import duties, VAT, tariffs, and similar governmental charges. Applicable sales tax will be added at checkout unless a valid resale or exemption certificate is on file. New or increased governmental charges imposed after quotation or acceptance may be invoiced to the Buyer.

Agreed specifications. The accepted order identifies what ABMX will supply. ABMX does not guarantee that a product meets additional bid, procurement, application, or performance requirements unless those requirements are included in the accepted order or an Approved Written Exception.

Written approvals. Routine operational matters, such as use of a Buyer carrier account, shipping arrangements, schedule changes, RMA arrangements, and fee waivers, may be approved in writing (including by email) by an authorized ABMX employee. Any change to these Terms' warranty, liability, compliance, export, or dispute-resolution provisions, or any additional commitment of that kind, requires an "Approved Written Exception": a written agreement that identifies the provision being changed and is approved by an ABMX officer or an employee the officer designates in writing. A routine quotation, invoice, order acknowledgment, or technical discussion does not change these Terms. No approval overrides the International GPU Sales Policy in Section 9.

Buyer purchase orders. Buyer purchase orders are accepted for reference only, for example to identify products, quantities, and the Buyer's reference number. A purchase order does not modify, supplement, or override these Terms. Any additional, conflicting, or foreign terms in a purchase order, procurement document, portal or platform term, tender requirement, or import instruction are expressly rejected unless accepted in an Approved Written Exception. This includes terms referring to non-U.S. law or jurisdiction, and terms imposing European Union, United Kingdom, EEA, Swiss, or other foreign, consumer, public-procurement, certification, audit, environmental, cybersecurity, product-safety, recycling, data, customs, or market-access obligations on ABMX. Accepting a purchase-order number, invoicing against it, or fulfilling an order does not accept those terms.

Government procurement and flow-down requirements. Buyer-imposed certifications, representations, audit rights, and contract flow-down clauses, including those under the Federal Acquisition Regulation (FAR), the Defense Federal Acquisition Regulation Supplement (DFARS), the Trade Agreements Act (TAA), or the Buy American Act, are not part of the contract unless accepted in an Approved Written Exception. If ABMX enters into a contract directly with a U.S. government agency, the terms of that contract control to the extent required by federal law. Separately, ABMX complies with the U.S. export-control and sanctions laws that apply to it, including the Export Administration Regulations (EAR), as described in Section 9.

Destination-country services. Prices do not include destination-country testing, certification, registration, labeling, translation, conformity assessment, compliance reporting, recycling registration, customs brokerage, importer-of-record services, or authorized-representative services unless expressly included in an Approved Written Exception.

Component revisions and substitutions. If a component or hardware revision becomes unavailable or is discontinued, ABMX may substitute a direct successor or functionally equivalent component of equal or greater capacity and performance, at no additional cost and without further Buyer approval, as long as the substitution maintains the agreed system specifications and does not materially reduce compatibility, functionality, or warranty coverage. Substitutions will be noted on the invoice. Substitutions made under this paragraph are considered compliant with the accepted order. Buyer approval is required only if a substitution would materially change an agreed requirement, or if the accepted order states that a specific component may not be substituted. If no acceptable configuration can be supplied, Section 10 applies.

Testing. Every ABMX server undergoes extensive testing before shipment, including burn-in and memory diagnostics, and ships with a test certificate. The test certificate records the testing performed; it does not create a trial period or any additional performance commitment.

ABMX normally ships through UPS but may select another carrier. A physical street address is required; ABMX does not ship to PO Boxes or APO/FPO addresses under its standard shipping arrangements.

The Buyer is responsible for providing accurate delivery information and for additional costs caused by an incorrect address or refused delivery. ABMX does not redirect shipments once they leave its facility. Before ABMX begins processing an order, an address change requires ABMX approval and new verification. Once processing begins, the delivery address cannot be changed. Delivery to a U.S. address does not change the export restrictions in Section 9 when the products are intended for onward foreign shipment.

Freight forwarders. ABMX does not ship to freight forwarders, package-forwarding or reshipping services, export consolidators, or other addresses used to forward goods to another destination, unless ABMX approves it in advance in writing. The Buyer must disclose if the delivery address is not the end user's location. If ABMX learns that an order is being shipped to a forwarding address without its approval, ABMX may hold or cancel the order under Section 10.

Delivery term. Unless otherwise agreed in writing, shipment is FCA (Free Carrier) ABMX's facility, Tustin, California, USA, Incoterms 2020. Delivery is complete when the goods are loaded onto the carrier's vehicle at ABMX's facility. Title and risk of loss pass to the Buyer at that time.

Carrier and account. ABMX selects the carrier and ships through its own or a designated account. Use of a Buyer's carrier account requires ABMX's written approval. The Buyer pays the stated freight charges and any requested declared-value charges. Use of ABMX's carrier account, shipping software, or export paperwork does not change the delivery term or make ABMX the importer of record.

Lead times. ABMX provides an estimated ship time with the quotation or before the order is placed. If ABMX cannot ship within that time, ABMX will notify the Buyer of the revised ship date and any options required by applicable law.

Declared value. A carrier's standard liability is limited and may be far less than the purchase price. Additional declared-value coverage is provided only if requested by the Buyer and confirmed by ABMX before shipment, and only to the extent shown in the shipping arrangements.

Inspection and shipping damage. Inspect the shipment carefully on arrival, before the carrier leaves if possible. Check the packaging for visible damage and, if possible, open it to inspect the contents. Note any damage on the carrier's delivery receipt and report it to the carrier immediately. Keep the product and all packaging until the claim is resolved. The Buyer must file shipping-damage claims directly with the carrier, which is responsible for the goods in transit, and any compensation is paid by the carrier. ABMX is not present at delivery, does not control the Buyer's receiving conditions, and is not liable for damage in transit. If the carrier requires the shipper to file the claim or receive payment, ABMX will file it using the Buyer's documentation and pass along any payment it receives, without guaranteeing the outcome.

International acceptance. ABMX accepts international orders case by case, with advance wire payment and shipment through an ABMX-selected carrier, under the FCA delivery term in Section 8.

Importer of record. The Buyer must act as, or arrange a legally eligible party to act as, importer of record, and is responsible for import clearance, brokerage, taxes, VAT, duties, fees, licenses, registrations, and other requirements imposed on the importer. ABMX does not act as importer, customs declarant or representative, tax or fiscal representative, authorized representative, responsible economic operator, or recycling producer by accepting an order or arranging freight.

European orders are business sales. Orders for shipment, import, resale, installation, or use in the European Union, EEA, United Kingdom, or Switzerland ("European Orders") are accepted from business, professional, institutional, research, or governmental buyers only, unless ABMX specifically approves otherwise. ABMX may decline consumer purchases, marketplace resales, drop shipments, and orders with incomplete importer information.

Information required. Before shipment, the Buyer must supply accurate and complete information reasonably needed for export, transit, import, and regulatory review, including legal name, physical address, importer details, tax or registration numbers (such as EORI and VAT numbers), contact details, end user, end use, and, where applicable, customs broker details.

Classifications and origin. ABMX may provide HS, Schedule B, HTS, ECCN, country-of-origin, and similar information based on information reasonably available to it. This information is provided in good faith, but ABMX does not guarantee that it is complete, binding, or sufficient for destination-country import, tariff, trade-preference, procurement, or regulatory purposes. The Buyer is solely responsible for verifying classifications, duty rates, origin, and customs values, and for meeting all destination-country requirements, before import.

Manufacturer and supplier documentation. On request, ABMX may provide available manufacturer or supplier documentation, such as datasheets, part numbers, country-of-origin statements, RoHS and REACH declarations, CE declarations, safety information, or technical documents. These documents are provided as received from, or compiled from, supplier information, without independent testing, audit, verification, certification, or warranty by ABMX. Unless stated in an Approved Written Exception, ABMX does not certify that any product meets European Union, United Kingdom, or other foreign requirements, such as CE or UKCA marking, RoHS, REACH, WEEE, battery, packaging, or product-safety rules. The Buyer is solely responsible for determining whether the documentation is sufficient for its destination, use, import, resale, or regulatory purpose.

Customs holds and refused imports. The Buyer bears the costs caused by its inaccurate information, missing approvals, unpaid import charges, or refusal to receive goods, including brokerage, storage, return freight, and governmental charges. A customs refusal or carrier return does not by itself cancel the sale or create a refund right.

Export controls. All products, software, and technical information supplied by ABMX are subject to U.S. export-control, sanctions, embargo, anti-boycott, and restricted-party laws, including the Export Administration Regulations. The Buyer agrees not to export, re-export, transfer, resell, divert, or use any of them in violation of those laws. The Buyer also agrees not to conceal or misstate transaction parties, payment sources, end users, end uses, or destinations, or structure a transaction to evade applicable law or ABMX's export restrictions. International shipments include the destination control statement required by U.S. export regulations, and the Buyer must comply with it and with any export classification shown on ABMX's shipping documents.

On request, the Buyer agrees to promptly provide accurate information and certifications concerning its ownership, payment parties, consignees, intermediaries, end use, end user, routing, and ultimate destination, and will disclose any material change before shipment. ABMX may withhold acceptance, shipment, or service while requested information is outstanding or a compliance concern is unresolved.

International GPU Sales Policy. ABMX does not sell or ship GPUs, GPU accelerators, or GPU-equipped systems for delivery or intended deployment outside the United States. This includes orders placed through a U.S. purchaser, delivery address, intermediary, or freight forwarder for onward foreign delivery. The Buyer agrees not to place or route an order to circumvent this policy. This is ABMX's commercial policy and applies even when an export would otherwise be legally permitted. No other provision of these Terms, and no approval of any kind, creates an exception to it.

Scope of GPU policy. The policy covers discrete GPUs, GPU compute accelerators, and systems containing either, whether supplied as add-in cards, modules, or embedded devices, including those soldered to a motherboard or incorporated into a module, processor package, or other assembly. A system is not GPU-equipped solely because it has ordinary CPU-integrated graphics or a baseboard management controller (BMC) providing local display or remote-console functions. Falling outside this policy does not mean an order is export-approved or that ABMX must accept it.

No special authorizations. Unless agreed in an Approved Written Exception, ABMX does not undertake transactions requiring export licenses, special government authorizations, or destination-country permits, and has no obligation to seek them. ABMX may hold, cancel, or refuse any such order, subject to Section 10's refund provisions. No approval overrides the International GPU Sales Policy.

Why custom orders are final. Each system is built to the configuration approved for that order. Fulfillment involves order-specific component purchases, assembly, configuration, and testing, and special-order parts often cannot be returned to suppliers. That is why ABMX encourages Buyers to review requirements with its engineers before ordering (Section 1).

FINAL SALE. CUSTOM-BUILT SYSTEMS, SPECIAL-ORDER COMPONENTS, AND SOFTWARE CANNOT BE RETURNED, EXCHANGED, OR REFUNDED FOR CHANGE OF MIND, INCLUDING BECAUSE THE BUYER NO LONGER NEEDS THE EQUIPMENT, CANCELS A PROJECT, CHOSE A CONFIGURATION THAT DOES NOT SUIT ITS NEEDS, OR FINDS A LOWER PRICE. UNUSED OR UNOPENED CONDITION DOES NOT CREATE A RETURN RIGHT.

Software. Software, licenses, and digital goods are non-refundable whether or not installed or activated.

Changes and cancellation after acceptance. Once ABMX accepts an order, the Buyer may not cancel it or change the configuration. ABMX may agree to a requested change or cancellation at its discretion; any agreed change will be confirmed in writing with its price and timing effects. An agreed pre-shipment cancellation is subject to any order-specific costs ABMX cannot recover (such as supplier restocking or cancellation fees, non-returnable special-order components, and non-refundable payment-processing fees), as determined by ABMX and confirmed in writing to the Buyer before the cancellation is final.

Foreign compliance and import problems. A product cannot be returned because it does not meet a destination-country requirement ABMX did not expressly agree to meet, or because the Buyer cannot import, clear, or receive it.

What final sale does not affect. The final-sale policy does not limit the limited warranty in Section 13. If ABMX ships the wrong product or a product that does not match the accepted order, ABMX will correct it by repair, replacement, or adjustment, at ABMX's option; that is the Buyer's remedy, and it is not treated as a change-of-mind return. An RMA authorizes return for inspection or service; it is not by itself approval of a refund, credit, or exchange.

If ABMX cannot fulfill an order. If ABMX declines an order, or cancels an accepted order because it cannot supply it (including under Sections 2, 9, or 16), ABMX will refund all amounts paid for the unshipped products and associated charges, without any cancellation or restocking fee, within the period required by law. However, if ABMX cancels an order because of the Buyer's misstatement or breach (for example, inaccurate end-user or destination information), ABMX may deduct its unrecoverable order-specific costs from the refund, except where the law requires otherwise.

Refund processing. Refunds required by law are issued within the legally required period. Other refunds that ABMX agrees to as an accommodation, other than refunds stated elsewhere in these Terms (such as under Section 2 or Section 13), are issued in the amount ABMX determines, less any applicable fees under these Terms, within 30 days, normally to the original payment method. Bank posting times vary.

Sanctions and blocked property. Refunds, credits, repair shipments, and replacements are subject to export-control and sanctions laws. ABMX may pause an affected transaction while it reviews a specific compliance concern. Funds or property blocked by law will be handled only as legally authorized.

Before installation, the Buyer must verify that its site and power source (AC or DC voltage) are compatible with the system's power supply and specifications, that DC polarity is correct where applicable, and that grounding, ventilation, mounting, and environmental conditions meet the product specifications. Damage caused by improper voltage, polarity, grounding, installation, or operation is not covered by the limited warranty. Installation and site preparation are the Buyer's responsibility unless included in the accepted order.

Included support. ABMX provides remote troubleshooting and diagnostics by telephone and email for hardware issues covered by the limited warranty. On-site service, system administration, application management, and managed IT services are not included.

Third-party compatibility. Compatibility depends on configuration, operating systems, applications, firmware, peripherals, and future updates. ABMX does not guarantee compatibility with every third-party product or update unless a specific compatibility commitment is included in the accepted order. ABMX will assist with troubleshooting as reasonably practicable.

Data and backups. The Buyer is responsible for backups, software, licensing, and security configuration. Before sending equipment for service, back up all data and remove sensitive information. Service may require replacing or reinitializing storage devices. Data recovery and software reinstallation are not included unless expressly agreed.

Cybersecurity and updates. ABMX does not provide managed security, vulnerability monitoring, penetration testing, security hardening, or patch management unless included in the order. The Buyer is responsible for secure deployment, access controls, network configuration, BIOS and firmware updates, operating-system updates, and incident response.

Coverage and duration. ABMX warrants that its servers will be free from defects in materials and workmanship for three (3) years, and that other hardware products will be free from such defects for one (1) year, from the invoice date, unless a different warranty is stated in the accepted order or invoice. It covers parts and depot-service labor supplied by ABMX. This limited warranty transfers to later owners of the product for the remainder of the original warranty period, as long as the transfer, the new owner, and the product's location and use do not violate U.S. export-control or sanctions laws, restricted-party lists, or ABMX's export restrictions in Section 9, including the International GPU Sales Policy. Before providing warranty service to a later owner, ABMX may request proof of the original purchase and the information it needs to confirm this. ABMX may decline warranty service, without liability, where providing it would be prohibited by law or would require an export license or other government authorization.

Manufacturer-warranted components. Certain components, such as, but not limited to, GPUs, GPU accelerators, and consumer-grade storage drives, are covered only by their manufacturer's warranty, if any, even when installed in an ABMX system. Any manufacturer warranty that is longer or broader than ABMX's limited warranty is provided by the manufacturer, not ABMX, and ABMX may direct the Buyer to the manufacturer for service. ABMX may provide available purchase documentation or manufacturer contact information to help the Buyer request manufacturer warranty service; this does not extend ABMX's warranty or guarantee the manufacturer's response. Defects caused by ABMX's own assembly or workmanship remain covered by ABMX.

Remedy. For a covered defect, ABMX will repair or replace the defective product or part. If ABMX determines that repair or replacement is not feasible, ABMX may instead refund the price paid for the defective part, or for the affected product if the defect cannot be isolated to a part, less a reasonable allowance for the Buyer's use, after the part or product is returned to ABMX. Replacement parts may be new or refurbished and may be a different brand, model, or revision, as long as they restore the product's general functionality. Listing a part in a quotation or order does not require an identical replacement. Repair or replacement does not extend the original warranty period.

REPAIR, REPLACEMENT, OR REFUND AS DESCRIBED IN THIS SECTION 13 IS THE BUYER'S SOLE AND EXCLUSIVE REMEDY FOR ANY DEFECT COVERED BY THIS LIMITED WARRANTY.

Obtaining service. Contact ABMX Support at 714-258-2269 or [email protected] with the order or invoice number, serial number if available, and a description of the problem. ABMX will first troubleshoot remotely. If depot service is needed, ABMX will issue a return merchandise authorization (RMA). Equipment may be shipped to ABMX only with an RMA number, clearly marked on the outside of the package.

Warrantor: ABMX Servers, Warranty Service, 1582 Parkway Loop, Unit B, Tustin, CA 92780, USA. Confirm the receiving address on the RMA before shipping.

Shipping and packaging. ABMX covers parts and labor for covered repairs. Shipping to and from ABMX is at the Buyer's own risk and expense unless the RMA states otherwise. Expedited freight and destination-country import charges are the Buyer's responsibility. Pack equipment following ABMX's RMA instructions and the carrier's packaging guidelines, using the original packaging or equivalent protective packaging. Damage caused by inadequate packaging is not covered. Sending equipment for evaluation or repair does not transfer ownership to ABMX.

Unauthorized or unclaimed returns. ABMX may refuse a return sent without an RMA or return it at the Buyer's expense. Equipment left unclaimed for 90 days after ABMX's written notice may be considered abandoned and disposed of, and ABMX may charge reasonable storage and handling fees.

Exclusions and maintenance. This limited warranty does not cover damage or failures caused by misuse, accident, improper installation, power problems, operation outside published specifications, unsuitable environmental conditions, inadequate maintenance, improper modification or repair, malware, or incompatible equipment or software. The warranty is void if the product has been altered, tampered with, or modified without ABMX's authorization, or used outside its intended purpose. The limited warranty also does not cover any product whose serial number or identification markings have been removed, altered, or obliterated.

The warranty does not cover the Buyer's or a third party's diagnosis, removal, installation, on-site service, downtime, or outside-repair costs unless ABMX approved them in writing.

Operate the products in a suitable environment with appropriate temperature, ventilation, power, and protection from moisture, dust, and excessive vibration, and perform periodic cleaning as needed. Routine cleaning is not covered. On request, the Buyer must provide reasonable evidence that the product was operated in a suitable environment, and ABMX may deny a claim where the failure appears to have been caused by operating conditions.

Errata and firmware. This warranty covers materials and workmanship. It is not a promise that third-party chip designs, firmware, or software are free of errata, design limitations, or security vulnerabilities. If a failure is caused by the Buyer's failure to install an available BIOS, firmware, or microcode update provided to correct it, that failure is not covered.

Optional Advanced Parts Replacement. For an additional fee, ABMX may offer advance shipment of a replacement part. The defective part must be received by ABMX within 15 calendar days after the Buyer receives the replacement; otherwise, ABMX may invoice the replacement at the price stated in the advance-replacement authorization.

Optional 5-Year Extended Server Coverage. Extended coverage applies only when purchased and stated in the accepted order. It restores the generic functionality of the system, meaning the system can boot into an operating system without a hardware error. It does not guarantee continued availability of unique, proprietary, or legacy features. If discontinued parts prevent like-for-like repair, ABMX may use mainstream replacement hardware and will notify the Buyer of material feature changes when making the change. Projects that depend on specific legacy components should arrange spare kits with ABMX at the time of purchase. Extended coverage does not reduce the standard limited warranty during its original term.

Implied warranties. EXCEPT FOR THE EXPRESS LIMITED WARRANTY IN THIS SECTION 13, ABMX DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WHERE APPLICABLE LAW DOES NOT ALLOW IMPLIED WARRANTIES TO BE DISCLAIMED, THEY ARE LIMITED IN DURATION TO THE PERIOD OF THE EXPRESS LIMITED WARRANTY, OR TO SUCH OTHER DURATION AS APPLICABLE LAW REQUIRES.

Some states do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

Available documentation. ABMX may provide available manufacturer and supplier documentation as described in Section 9 ("Manufacturer and supplier documentation"), on the same terms.

No additional certifications. Unless accepted in an Approved Written Exception, ABMX does not certify or guarantee compliance with procurement or regulatory frameworks such as TAA, Buy American, FAR, DFARS, ITAR, NDAA Section 889, CMMC, CE, UKCA, RoHS, REACH, WEEE, GPSR, the Cyber Resilience Act, or other import, environmental, cybersecurity, recycling, or market-access requirements.

Buyer responsibilities. The Buyer and end user are responsible for determining and meeting the regulatory, procurement, import, export, environmental, cybersecurity, product-safety, labeling, recycling, and market-access requirements that apply to their purchase, deployment, integration, resale, or transfer of the products, including obtaining any required licenses, registrations, declarations, technical files, and representatives.

Internal procedures. ABMX's internal screening and compliance procedures are not part of these Terms and do not create rights for the Buyer. ABMX is not required to disclose its screening methods, risk assessments, or internal records, except as required by law.

ABMX WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, DOWNTIME, LOST OR CORRUPTED DATA, OR COSTS OF SUBSTITUTE EQUIPMENT OR THIRD-PARTY SUPPORT, EVEN IF ADVISED OF THEIR POSSIBILITY.

ABMX'S TOTAL LIABILITY ARISING FROM ANY PRODUCT OR SERVICE WILL NOT EXCEED THE AMOUNT THE BUYER PAID ABMX FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.

Without limiting the above, ABMX is not liable for: third-party claims against the Buyer; loss of or damage to records, data, or content; the Buyer's or third parties' support costs; customs holds, inspections, import or export refusals, seizures, penalties, demurrage, storage, brokerage, or return-freight charges, or delays caused by carriers, customs brokers, or government authorities; fines, penalties, recalls, corrective actions, market-surveillance actions, regulatory filings, or recycling, cybersecurity, or post-market obligations under foreign or other laws; issues caused by third-party software, firmware, driver, or operating-system updates; or any failure of a product, configuration, label, declaration, or document to meet a requirement ABMX did not expressly agree to meet in the accepted order or an Approved Written Exception.

ABMX's products incorporate components from third-party manufacturers. ABMX does not perform product-safety testing beyond the original manufacturers' specifications and makes no representation about safety or fitness for specific applications or environments beyond the limited warranty in Section 13.

These limitations apply under any legal theory, including claims relating to documentation, shipment, customs, foreign compliance, third-party software or updates, and the Buyer's integration, resale, or deployment of the products. They do not apply to liability for fraud, willful misconduct, gross negligence, or personal injury caused by ABMX's negligence, or to any amount ABMX is legally required to refund.

ABMX is not responsible for delay or failure to perform caused by events beyond its reasonable control, such as natural disasters, war, pandemics, labor disputes, supplier shortages, government actions, tariffs, export restrictions, sanctions, or transportation disruptions. ABMX may suspend performance during the event or cancel the affected unshipped portion of the order, in which case Section 10 ("If ABMX cannot fulfill an order") applies. This Section does not give the Buyer a right to cancel an order ABMX can still perform.

Try to resolve it first. Before starting a formal proceeding, the party with a dispute will send the other a written description of it and both will try in good faith to resolve it within 30 days. This step does not prevent either party from seeking urgent temporary relief, filing to meet a legal deadline, bringing a small-claims action, or contacting a government authority. Most issues can be solved with a phone call to ABMX.

AGREEMENT TO ARBITRATE. EXCEPT AS STATED BELOW, ABMX AND THE BUYER AGREE TO RESOLVE ANY DISPUTE ARISING FROM OR RELATED TO THESE TERMS, AN ORDER, OR THE PRODUCTS OR SERVICES THROUGH BINDING ARBITRATION RATHER THAN IN COURT.

Arbitration. Arbitration will take place in Orange County, California, before one arbitrator under the Commercial Arbitration Rules of the American Arbitration Association (AAA). Where the Buyer is a consumer, the AAA Consumer Arbitration Rules apply instead, including their location and fee rules, and ABMX will pay the fees those rules require it to pay. The Federal Arbitration Act governs this agreement to arbitrate.

Individual basis only; jury waiver. All proceedings will be conducted solely on an individual basis. Neither party may bring or participate in a class, collective, or representative action, except for any public-injunctive or other representative remedy the law does not allow to be waived, which may proceed only in court. To the fullest extent permitted by law, both parties waive any right to a trial by jury.

Limited court access. Either party may bring an individual claim in small-claims court in Orange County, California, as long as the claim qualifies and remains in that court. Otherwise, either party may go to court only to compel arbitration, to confirm or enforce an arbitration award, or to obtain a temporary order preserving the status quo until the arbitrator can rule. A court, not the arbitrator, decides whether this Section 17 is enforceable. If any part of this Section 17 is found unenforceable, the rest of it remains in effect, but no class, collective, or representative claim will proceed in arbitration.

Governing law and courts. California law governs these Terms, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Any court proceeding permitted by this Section will be brought exclusively in the state courts of Orange County, California, or the United States District Court for the Central District of California, and both parties consent to the jurisdiction of those courts.

Attorney fees. In any arbitration or litigation arising from or related to these Terms, the prevailing party is entitled to recover its reasonable attorney fees and costs, except as limited by applicable law or the AAA Consumer Arbitration Rules.

Foreign and conflicting terms rejected. Any terms proposed by the Buyer that attempt to apply foreign law, impose foreign jurisdiction, or conflict with these Terms, including terms in purchase orders, are expressly rejected.

ABMX uses customer, payment, order, and shipment information to process orders, prevent fraud, provide support, arrange delivery, keep tax and accounting records, and meet legal obligations, including export-control and customs requirements. ABMX shares information only as reasonably necessary for those purposes, with payment processors, banks, carriers, customs brokers, service providers, suppliers, insurers, advisers, and government authorities. ABMX's website Privacy Notice describes its online data practices and any applicable privacy rights. ABMX uses commercially reasonable security measures for online transactions and customer information. However, no method of transmission or storage is completely secure, and ABMX does not guarantee that unauthorized access, disclosure, loss, or misuse will never occur.

Entire agreement. These Terms, the accepted order, and any Approved Written Exception are the entire agreement for the transaction and replace any prior discussions or Buyer documents. If ABMX and the Buyer have signed a separate master purchase or supply agreement, that agreement controls where it conflicts with these Terms. An Approved Written Exception controls only for the subject it identifies.

No waiver. A delay in enforcing a right, or a one-time accommodation, is not a waiver of that right for any other occasion.

Assignment. Except for warranty transfers under Section 13, the Buyer may not assign its rights or obligations without ABMX's written consent.

Survival. Provisions concerning payment, export restrictions, warranty limitations, liability limitations, indemnification, and dispute resolution survive delivery and completion of the order.

Notices. Send contractual notices to ABMX Servers, Attention: Management, 1582 Parkway Loop, Unit B, Tustin, CA 92780, USA, or to [email protected] with the order reference. The Buyer must keep its contact information current.

The Buyer will indemnify, defend, and hold harmless ABMX and its affiliates, officers, employees, contractors, and agents from third-party claims, losses, liabilities, fines, and reasonable defense costs arising from or related to: the Buyer's breach of these Terms; inaccurate or misleading information supplied by the Buyer; unlawful export, re-export, transfer, or use of the products; the Buyer's installation, modification, integration, private-labeling, resale, or deployment of the products; or the Buyer's failure to meet legal obligations that apply to its own import, distribution, or other activities. This does not apply to losses caused by ABMX's own breach or misconduct. ABMX will give the Buyer prompt notice of any claim, and the Buyer may not settle a claim in a way that admits fault by or imposes obligations on ABMX without ABMX's written consent.

If any provision of these Terms is found invalid or unenforceable, it will be limited or removed only to the minimum extent necessary, and the rest of these Terms will remain in effect. Section 17 controls how its arbitration and individual-claims provisions are treated if any part of them is found unenforceable.

ABMX may update these Terms for future orders. The current version is posted at https://www.abmx.com/terms-and-warranties. The version accepted by the Buyer for an order governs that order and its warranty, unless the parties later agree otherwise in writing. Updated Terms do not apply to orders placed before they were posted.

ABMX sells custom-built systems from the United States. For international orders, the Buyer confirms that it accepts the FCA Tustin delivery term, will act as or arrange the importer of record, is responsible for destination-country taxes, duties, and compliance requirements, and has supplied accurate information for export, import, end-use, and end-user review. European Orders are business-to-business sales only unless ABMX approves otherwise. ABMX does not certify CE, UKCA, or other foreign compliance unless stated in an Approved Written Exception. Sections 8, 9, and 14 contain the full terms.