This Global Limited Warranty Statement defines the warranty period and restrictions that apply to HP NonStop Systems (individually "Hardware" or "Software" and collectively "Products") furnished by HP or its authorized reseller with this Global Limited Warranty. This Global Limited Warranty is offered in any country where HP or its authorized support providers offer Product warranty services, regardless of the country of purchase. This Global Limited Warranty does not apply to: 1) software provided by HP with an electronic license (such as a click-wrap license) or other license form provided by HP or its suppliers for a particular NonStop Product, or 2) to software provided by HP and used primarily for system and network diagnostic and maintenance programs ("Proprietary Service Tools").
HP warrants that on the Date of Installation and thereafter for the applicable warranty period (see Warranty Period section below), Hardware will not fail to meet its then-current specifications published by HP due to a defect in material and workmanship; and that each item of Software will not fail to perform as described in its then-current user documentation published by HP. "Date of Installation" means: (1) if installed by HP, the date Product has passed HP's installation test program; provided, however that if Customer schedules or delays installation by HP more than 30 days after delivery, the Date of Installation will be the 31st day after the date of delivery, or (2) if the Product is designated by HP as customer-installable and Customer elects to install, the date of delivery to the Customer.
Subject to applicable warranty-upgrade fees or zone charges, if any, HP will repair or replace defective parts or Products during the warranty period at no additional charge. If a Product has a recurring failure, HP, at its discretion, may elect to replace the Product with a comparable product. Any replaced Product or part assumes the warranty status of the removed Product or part. All replaced parts or Products under this Global Limited Warranty become the property of HP.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, HP DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION AND NONSTOP PRODUCTS PROVIDED. TO THE EXTENT PERMITTED BY LAW, HP SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
During the warranty period, the Customer will:
- Provide peripheral cabling including fiber optics;
- Provide adequate workspace to enable HP to perform Hardware support, and provide internal system space for continuous operation of any Proprietary Service Tools;
- Permit HP to remove Proprietary Service Tools for any reason;
- Identify, document, and report each Product problem that necessitates warranty service;
- Supply HP with all documentation and assistance necessary to demonstrate and allow HP to diagnose the problem;
- Promptly install each fix, patch, or workaround to Software provided by HP;
- Undertake appropriate backup, removal, and protection of any Software programs, databases, and removable storage media;
- Provide direct, dedicated access as approved by HP enabling HP to access the System to perform diagnostic tests;
- Maintain the environment of and operate Products according to instructions furnished by the manufacturer;
- Notify HP in writing at least 30 days before moving any Product;
- Designate an employee and an alternate who (i) will direct all requests for warranty service to the HP Global Mission Critical Solution Center ("GMCSC"), (ii) are able to perform diagnostic tests, and (iii) will provide HP with assistance necessary to demonstrate, diagnose, and correct malfunctions. Such employee or alternate will be available during all warranty service actions;
- At HP's request, remove equipment, parts, accessories, or attachments that are not covered under this Global Limited Warranty prior to performance of warranty services by HP.
The warranty period for the Product(s) begins on the Date of Installation.
The warranty period listed below will apply to the relevant Product unless otherwise mandated by applicable country law. Warranty service may not be extended upon expiration of the warranty period, but it will include resolution of claims made during the warranty period.
- Hardware warranty period - 1 year
- Software warranty period - 90 days
- Response time* - Next business day
* Response time is based on commercially reasonable efforts. Next Business Day response, although available in most countries, may not be available in all locations. Contact the local HP Support organization for response time in your area.
Hardware Warranty Service. Standard Hardware warranty service will be performed during the Principal Period of Maintenance ("PPM"), which is 8:00 a.m. to 5:00 p.m., local time, Monday through Friday, excluding local HP holidays. HP will assist in problem diagnosis and, when necessary, provide replacement Hardware or parts. If on-site warranty service is needed, the response time will be as stated in the above table. Hardware warranty service also includes (i) access during the PPM to the GMCSC for warranty service, (ii) 24 x 7 access to the GMCSC in system-down situations, and (iii) Web tools and services.
In the course of providing warranty service, remanufactured parts which are equivalent to new in performance may be used.
Software Warranty Service. Software warranty service consists of:
Defect Reporting. For Critical Defects, the Customer will have 24 x 7 access to the GMCSC by e-mail or phone to request defect repair, as described below. "Critical Defect" means that the application is down or is at high risk, business functions cannot be conducted, or the Customer is experiencing continual failures or data corruption as a result of the defect. To report non-critical defects, the Customer will have e-mail or phone access to the GMCSC during the PPM.
Defect Repair. Defect repair includes verification of the existence of a defect, determination of the severity or impact of the defect, and determination of the conditions under which the defect may recur. During such verification, HP may ask the Customer to provide further information about the defect. After sufficient information is provided to enable HP to duplicate or verify the defect, HP will, at its option:
- For a Critical Defect, commence action within a 2-shift hour response window using commercially reasonable efforts to provide an immediate fix or temporary solution of, or workaround to, the defect.
- For a non-critical defect, commence action within an 8-shift hour response window to provide either the action described for a Critical Defect or a statement that the defect will be corrected in a software product revision or a future software release.
- Provide a statement that the Software operates as described in HP's then-current user documentation or that the defect arises when such Software is used other than in a manner for which it was designed.
For Software added to an installed System, warranty service must be upgraded to the same software support plan, if any, as that of the Software already installed on that System. Customer will pay the difference between standard warranty and upgraded warranty service.
For Software added to processors on an installed System, the warranty period will be limited to any remaining warranty period for the same Software previously installed on the System.
Service billed on an hourly basis is not offered for Software.
Upgrades to this Global Limited Warranty for Products, including extended hours of coverage and reduced response time, are available. Contact your local authorized HP NonStop Systems support provider for details. Some offerings may not be available in all countries.
Warranty Transfers to Another Country and notification process
Under this Global Limited Warranty, Products may be purchased in one country and transferred to another country where HP has a support presence without voiding the warranty. Because the enforceability of certain warranties and response times may vary from country to country, always complete and submit a Global Warranty Notification Form before transferring Products to another country. Customer may be required to provide additional product-specific information prior to moving the Products. Such additional information will help HP verify that Product is designed to work in the destination country and that HP is prepared to provide applicable warranty service in the destination country.
HP is not responsible for any tariffs or duties that may result from transferring Products between countries. Products may be covered by export controls issued by the United States or other governments and with which Customer must comply. Warranty extensions and upgrades purchased in one country are not transferable to another country.
Warranty Limitations and Exclusions
This Global Limited Warranty extends only to the original purchaser and may not be transferred to any other party. This Global Limited Warranty does not apply to cosmetic repairs, refurbishment, consumables, supplies or accessories, making accessory changes, or attaching additional devices.
This Global Limited Warranty does not extend to any Product if repair or parts replacement is required as a result of:
- Accident, neglect, misuse, failure of electric power, failure of Customer to provide appropriate environmental conditions, relocation of the Product, or causes other than ordinary use;
- Failure caused by a product not currently under HP support or HP warranty, if such product is found to be the cause of such failure;
- Customer's connection of another machine or device to Hardware that makes warranty service impractical or that has caused damage to such Hardware;
- Repair or alteration, or attempted repair or alteration, of a Product by anyone other than HP or an HP-authorized support provider; or
- Damage caused by natural or man-made acts or disasters
- Product name, marketing identifier, and System number
- Applicable error messages
- Operating system
- Third-party hardware or software
- Quality — goods supplied by HP must be of acceptable quality. The test for acceptable quality is whether a reasonable consumer, fully aware of the state and condition of the goods, would find them:
- Safe, durable and free from defects;
- Permit HP to remove Proprietary Service Tools for any reason;
- acceptable in appearance and finish; and
- fit for all the purposes for which goods of that kind are commonly supplied.
- Disclosed Purpose — goods or services supplied by HP that HP represents are reasonably fit for a purpose expressly disclosed by a consumer must be reasonably fit for that purpose.
- Description — goods supplied by HP must match the description provided by HP.
- Sample — goods supplied by HP must match any sample shown to you by HP.
- Title — a consumer who purchases a good from HP must receive clear title to the good.
- Due care and skill — services provided to you by HP must be provided with due care and skill.
- Express warranties — HP will be legally required to comply with the express warranty that is set out in its terms and conditions.
- Reasonable time — repair services provided by HP must be provided within a reasonable time.
Limitation of Liability and Remedies
THE REMEDIES PROVIDED HEREIN ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES. HP'S LIABILITY FOR ANY WARRANTY CLAIMS HEREUNDER, SHALL BE LIMITED TO THE REPAIR, REPLACEMENT, OR REFUND OF THE PRICE PAID FOR THE PRODUCT OR PART, UPON PROMPT RETURN TO HP. The foregoing limitation of liability will apply unless otherwise required by the local law of the country from which the Products are ordered.
Be sure to have the following information available before calling HP for warranty service:
FOR HP AUSTRIALIAN CONSUMERS ONLY:
HEWLETT-PACKARD AUSTRALIAN WARRANTY POLICY: YOUR CONSUMER RIGHTS
When you buy a good from HP as a consumer, the good come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
The relevant guarantees are as follows:
This must take into account the nature and price of the goods, and any statements on packaging or labeling.
Hewlett-Packard Australia Pty Ltd
353 Burwood Highway
Forest Hill Vic 3131