Terms and Conditions of Sale and Warranty

Introduction:

These Terms and Conditions govern the sale of products and services by ABMX Servers. By placing an order, you agree to be bound by these terms.

1. How to Order

Place your order online at www.abmx.com.
Call us at 714-258-2269 if you need any assistance with placing your order.

2. Order Acceptance

Receiving an order confirmation does not signify our acceptance of your order or confirm our offer to sell. ABMX Servers reserves the right to accept or decline your order at any time after receipt for any reason. All orders are subject to pre-approval, including payment verification, address confirmation, and fraud prevention measures. We may cancel any order that does not meet our criteria, without liability. This may include, but is not limited to, discrepancies in payment information or shipping address verification failures. Additional verification may be required before order acceptance.

3. Payment Options

We accept the following payment methods:

4. Payment Terms

Full payment is required at the time of purchase. Due to the custom nature of our products and manufacturing processes, we will begin processing your order only after receiving full payment. ABMX Servers is not liable for any delays or losses resulting from failed or delayed payments.

5. Shipping Address Verification and Fraud Prevention

To protect against credit card fraud, we require that your shipping and billing addresses match. If you wish to have your order shipped to a different address, you must contact your credit card issuer and request that the desired shipping address be added as an "alternate address" for verification purposes. You can do this by calling the Customer Service number on the back of your card.

Please note, if the shipping address provided does not match the billing address, your order may be delayed while we verify this information with your credit card issuer. If we are unable to verify the alternate address, ABMX Servers may hold or cancel your order. ABMX Servers is not responsible for any delays or damages that may occur as a result of these actions.

6. Terms of Sale

Prices, specifications, availability, and terms of offers are subject to change without notice. Despite our best efforts, ABMX Servers is not responsible for typographical, photographic, or pricing errors and reserves the right to cancel orders resulting from such errors. Products quoted by ABMX Servers are based on the specifications available at the time of quotation and are not guaranteed to meet bid specifications. The Buyer is responsible for verifying that products conform to the specifications of any subsequent contract.

7. Delivery Destinations

We ship via UPS. Please note that UPS does not deliver to PO Boxes or APO addresses; a physical street address is required for delivery.

Address Verification: The Buyer is responsible for providing the correct shipping address at the time of order. Accurate shipping information helps prevent delays and ensures that your merchandise arrives at the correct location. ABMX Servers is not liable for any issues or additional costs resulting from incorrect or incomplete address information provided by the Buyer.

8. Shipment Method

Unless otherwise arranged, we ship EXW (ExWorks), Tustin, CA. As the Buyer, you are responsible for all freight and insurance charges and assume all risk of loss or damage once the merchandise leaves our warehouse. It is essential to thoroughly inspect the shipment upon arrival at your location before accepting delivery from the carrier.

Inspection for Damage: Upon receiving your shipment, it is your responsibility to inspect the merchandise carefully for any signs of damage before the carrier departs. Check the external packaging for visible damage and, if possible, open the package to inspect the contents. If you discover any damage, note it on the carrier's delivery receipt and immediately report the damage to the carrier. You must file any damage claims directly with the trucking company, as they are responsible for the merchandise during transit. Compensation for damage will be provided directly by the carrier.

We emphasize the importance of this inspection process because we are not present to inspect or accept the shipment on your behalf when it arrives at your location. We do not control your dock, receiving conditions, or staffing. Therefore, to ensure a smooth claims process, you must document and report any issues promptly.

All shipments will be sent exclusively via our UPS account. There are no exceptions to this policy.

9. International Shipping

We accept international orders only with Wire Transfer payment in advance and ship exclusively through our UPS account. Delivery will be ExWorks (EXW, Incoterms 2020), Tustin, CA. Title to the products and risk of loss pass to the Buyer upon delivery to the carrier specified by the Buyer at the ABMX Servers warehouse. Shipping charges are the responsibility of the Buyer. Insurance coverage and all other charges under ExWorks (EXW, Incoterms 2020), including taxes, government permit fees, license fees, customs fees, VAT, duties, and similar assessments, are the sole responsibility of the Buyer. The Buyer is also responsible for ensuring compliance with all import regulations and requirements in their destination country. ABMX Servers is not liable for any delays or non-delivery resulting from the Buyer’s failure to pay these charges.

We do not ship products to international destinations requiring special export licenses, permits, or compliance with export control regulations. If your order falls under these restrictions, we will be unable to process and ship it.

10. Returns, Refunds, and Cancellation Policy

At ABMX Servers, we are committed to delivering exceptional quality and value in all our products. Every server we ship undergoes extensive testing, including burn-in and memory diagnostics, with a test certificate included to ensure your satisfaction.

Non-Returnable and Non-Refundable Items:

Return and Refund Eligibility:

Cancellations:

Refund Processing: Refunds for eligible returns will be processed within 2-4 weeks after receipt of the returned product, with potential delays depending on your bank.

No Returns After 14 Days: No returns or refunds will be accepted after 14 calendar days from the original invoice date for any products, whether opened or unopened.

11. Installation Guidelines

Before installation, ensure that your local AC or DC voltage is compatible with the Power Supply Unit. Additionally, verify that DC voltage polarity is correctly configured and that proper grounding is established. Connecting the unit to incorrect voltage, improper polarity, or inadequate grounding can damage the power supply and connected equipment, potentially voiding your warranty. Proper installation according to these guidelines is crucial for maintaining warranty coverage.

12. Technical Support

ABMX Servers provides technical support for hardware issues covered under warranty. This support is limited to remote troubleshooting and diagnostics over the phone or email. On-site support services are not available. We do not provide system administration (sys admin) services; the Buyer is responsible for managing their system's software and configurations.

Our servers are designed to work with various industry-standard components and software, but we cannot guarantee compatibility with all third-party hardware, firmware, software, or peripherals. We make no representations or warranties, express or implied, regarding compatibility with any third-party products. While we may conduct limited compatibility testing with certain third-party products, this does not ensure compatibility across all configurations or use cases. It is the user's sole responsibility to verify compatibility before integrating any third-party products with our servers. Compatibility may also be impacted by future updates or changes to our servers, third-party products, or operating systems. We recommend consulting components and operating system manufacturers' compatibility resources and staying informed about updates that may affect compatibility. Our technical support team may assist with troubleshooting to the best of our knowledge and expertise but cannot guarantee a solution. By using our servers with third-party products, you acknowledge and accept the risks associated with potential compatibility issues.

The Buyer is solely responsible for backing up data, configuring software and networking, and ensuring safety and security. ABMX Servers is not responsible for any loss of software or data during the repair or troubleshooting process. The Buyer must back up their data and remove any sensitive information before sending the system for service. ABMX Servers will not be liable for any data breaches or loss of sensitive information during the RMA process.

13. Warranty and Repairs

ABMX Servers warrants its servers to be free from defects in materials and workmanship for three (3) years, and all other hardware products for one (1) year from the date of invoice, unless otherwise specified. This "System Parts & Labor" warranty is non-transferable, except with prior approval from ABMX Servers. Certain hardware products may come with a direct manufacturer’s warranty ranging from three (3) to five (5) years.

Warranty Service: In the event of a defect or issue with a custom-built system, we will provide repair services under the applicable warranty terms. Our warranty covers defects in materials and workmanship but does not extend to issues arising from improper use, physical damage, neglect, errata, or unauthorized modifications.

Return-to-Depot Service: Before sending any product for repair, the Buyer must contact ABMX Servers Support for remote troubleshooting. If issues cannot be resolved remotely, return-to-depot service will be provided.

Return Authorization: The Buyer must obtain a valid return merchandise authorization number (RMA) from ABMX Servers before returning any product. RMAs will be issued at ABMX Servers' discretion, based on the terms and conditions of the warranty. The RMA must be clearly visible on the address label of the product packaging. Failure to include the RMA may result in refusal of the return or delays in processing.

Shipping Responsibility: The Buyer is responsible for shipping the system to ABMX Servers' designated facility at Buyer's risk and expense unless otherwise agreed in writing. All returns and title and risk of loss will transfer to ABMX Servers only upon receipt and acceptance of the returned products.

Return Condition: Products damaged after receipt by the Buyer may not be returned. All products must be returned in their original packaging (including manufacturer’s shrink wrap) and in unused, like-new condition unless the product is being returned due to defects or damage covered under warranty. Returns will be processed in accordance with ABMX Servers’ return policies at the time the RMA is issued.

Non-Compliant Returns: If a product is returned without ABMX Servers’ authorization or does not comply with return requirements, the product may be returned to the Buyer at the Buyer’s expense, or ABMX Servers may consider the product abandoned and dispose of it without crediting the Buyer’s account. A restocking fee may be charged for handling any product that is not returned in accordance with these terms.

Limited Liability: ABMX Servers' sole liability for any returned products will be the acceptance of their return in accordance with ABMX Servers’ returns processing guidelines.

Optional Advanced Parts Replacement: For an additional fee, on a case-by-case basis, ABMX Servers may offer an Advanced Parts Replacement service. If a component fails, we will cross-ship the replacement part to you. The original defective part must be returned to ABMX Servers within 15 calendar days. Failure to return the part within this period will result in invoicing for the replacement part.

Warranty Limitations: The warranty will be voided if the product has been altered, defaced, or tampered with, or if it has been damaged due to misuse, environmental factors, or unauthorized modifications. Additionally, use of the product outside its intended purpose will void the warranty.

Component Manufacturer Warranties: Certain components, such as, but not limited to, consumer-grade hard drives and GPUs, are covered only by the original manufacturer's warranty and are not included under ABMX Servers’ standard warranty. The buyer must seek service directly from the manufacturer for these components.  

5-Year Extended Server Warranty Option: This warranty provides service to restore the generic functionality of long-term support products. "Generic functionality" refers to the ability of the system to boot into an Operating System without error.

What the 5-Year Warranty Does Not Cover: The warranty does not cover the replacement of certain unique, proprietary, or legacy features, nor any combination of these features. If a feature or combination of features cannot be restored due to discontinuation, the warranty will provide for the replacement of more mainstream hardware components to ensure the system remains operational. However, this does not guarantee the retention of any special features from the original hardware after warranty service. ABMX Servers will notify the end-user of any changes made to the system as a result.

If your project requires coverage for legacy parts or components under the 5-year warranty, this warranty may not meet your needs. However, we are available to assist in ordering spare kits and exploring other workarounds at the time of purchase to help extend the lifespan of your project.

Environment: Unless explicitly arranged and uniquely designed for your particular environments, our products must operate in a controlled, data center-like setting that is dry, dust-free, temperature-regulated, and free from excessive vibration or extreme altitudes. Regular maintenance, including monthly dust removal from the interior, is crucial to prevent the accumulation of dust and moisture. Warranties may be void if there are signs of corrosion, overheating due to improper placement or ventilation, or exposure to unsuitable conditions. The warranty does not cover cleaning dust from the product or damage resulting from these factors. For such warranty claims, buyers must provide documentation confirming that the product was used in an appropriate, controlled environment. Failure to provide this documentation may void the warranty.

Extent of Limited Warranty: ABMX Servers does not warrant that the product, whether purchased stand-alone or integrated with other products, including without limitation semiconductor components, will be free from design defects or errors known as "errata." Current characterized errata are available upon request. ABMX Servers is not responsible for design defects on the part of component manufacturers. After 30 days from the invoice date, the Buyer assumes all risk from design defects and shall resolve such issues directly with the component manufacturer.

Further, this Limited Warranty does NOT cover:

14. Limitation of Liability

Under no circumstances will ABMX Servers be liable for:

Our total liability to you for any claim arising out of or related to our products or services will not exceed the amount you paid to us for the specific product or service at issue. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. In such cases, our liability will be limited to the maximum extent permitted by law.

15. Force Majeure

ABMX Servers will not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, strikes, pandemics, government regulations, natural disaster, or any other events of force majeure. In such cases, ABMX Servers reserves the right to cancel or delay the order without liability.

16. Dispute Resolution and Governing Law

Any disputes arising out of or relating to these Terms and Conditions will be resolved through binding arbitration in California, under the Commercial Arbitration Rules of the American Arbitration Association. If arbitration fails to resolve the dispute, the Buyer and ABMX Servers agree to submit to the exclusive jurisdiction of the courts in California. The governing law will be the laws of the State of California, without regard to its conflict of laws principles.

17. Privacy and Security Statement

ABMX Servers is committed to protecting your privacy and ensuring the security of your personal and financial information. Any information you submit will be used solely to process orders and improve our products and services. We guarantee that we will never rent, sell, or share your information with any third party.

We take your security seriously and offer secure online credit card transactions using the most advanced security system available. Our Secure Sockets Layer (SSL) technology encrypts all information in the connection between your browser and our secure server, ensuring that no third party can access your credit card details. SSL remains the best fraud prevention system on the internet today.

18. Notice

The sale of any Products or Services is expressly conditioned on the Buyer's acceptance of these Terms and Conditions. Any acceptance of ABMX Servers’ offer is limited to these Terms and Conditions, and ABMX Servers objects to any additional or different terms proposed by the Buyer. No terms or conditions contained in any Buyer documentation, including purchase orders, will modify or supersede these Terms and Conditions. Any order to purchase products or services constitutes the Buyer’s unconditional acceptance of these Terms and Conditions, which will take precedence over any conflicting or additional terms in any other documents related to this transaction. In the event of any conflict, these Terms and Conditions will govern. Any notices required under these Terms and Conditions must be in writing and delivered via certified mail or email to the designated contact at ABMX Servers. The Buyer is responsible for ensuring that correct contact information is provided to ABMX Servers. ABMX Servers will not be responsible for any errors in notice delivery resulting from incorrect information provided by the Buyer.

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