Warranty and Support

1. DEFINITIONS

"Quantum XPC" means the Quantum XPC business selling products to the Customer as identified in a Quantum XPC - Quotation or Invoice.

"Customer" means the person or legal entity identified in Quantum XPC's Quotation or Invoice.

"Contract" means a contract for sale by Quantum XPC to the Customer of the products and/or services incorporating the Terms and Conditions.

2. FORMATION OF CONTRACT

2.1 No Contract shall come into existence until the Customer's order has been accepted by Quantum XPC and such acceptance has been received by the customer. The contract shall deemed to be concluded at the time and place where such acceptance is received by the Customer. The Customer warrants that it is buying for its own internal use only and not for re-sale purposes.

2.2 The products sold and/or services rendered are subject to the Terms and Conditions to the exclusion of any other terms and conditions stipulated or referred to by Customer. The Customer acknowledges that it is aware of the contents of and agrees to be bound by the Terms and Conditions.

2.3 These Terms and Conditions are subject to the laws of Australia including without limitation the Trade Practices Act 1974 (the Act).

3. ORDERS, PRICE AND PAYMENT

3.1 Unless credit terms have been expressly agreed by Quantum XPC, payment for the products or services shall be made in FULL before physical delivery of products or services.

3.2 Customer shall pay for all shipping and handling charges.

3.3 Customer shall bear all country, provincial, government, state and local sales, use, goods and services, value added, excise, privilege and similar levies/taxes.

3.4 Time for payment is of the essence. Quantum XPC reserves the right to charge interest at the rate of 2% above the base commercial floating rate for Commonwealth Bank of Australia .

4. SOFTWARE

4.1 All software provided is subject to the terms and conditions of the license agreement relating to that software. Customer acknowledges its obligations to abide by such license agreements. Customer acknowledges that Quantum XPC does not warrant any software under these Terms and Conditions. In addition to any rights the customer may have under statute, all software is warranted in accordance with the license agreement that governs its use.

4.2 All rights, title or interest in respect of the intellectual property rights in the software remain with Quantum XPC or the licensor of the software at all times.

5. TITLE AND RISK

Title to and risk in the products shall pass to the Customer upon delivery of the products to Customer. Title to those products, which are software, shall remain with the applicable licensor(s) at all times.

6. DELIVERY

6.1 Quantum XPC shall deliver the products to the place of delivery designated by Customer and agreed to by Quantum XPC ("Place of Delivery").

6.2 Quantum XPC may, at its discretion, deliver the products by installments in any sequence. Where the products are so delivered by installments, each installment shall be deemed to be the subject of a separate contract and no default or failure by Quantum XPC in respect of any one or more installments shall vitiate the Contract in respect of products previously delivered or undelivered products.

6.3 Any dates quoted by Quantum XPC for the delivery of the products are approximate only and shall not form part of the Contract. Quantum XPC shall not be liable for any delay in delivery of the products and/or services, howsoever caused.

6.4 Quantum XPC may revise and/or discontinue Products at any time without notice as part of Quantum XPC's policy of on-going Product up-date and revision. Revised or updated Products will have the functionality and performance of the Products ordered. The Customer accepts that Quantum XPC's policy may result in differences between the specification of Products delivered to the Customer and the specification of Products ordered.

7. ACCEPTANCE OF PRODUCTS

7.1 Unless the Customer notifies Quantum XPC to the contrary on the day of delivery and such notification is confirmed in writing within two days, the Products shall be deemed to have been accepted by the Customer as being in good condition and in accordance with the Contract. The Customer shall not be entitled to withhold payment of all or any of the final price of the Product(s) whilst any claim is being investigated by Quantum XPC.

7.2 New Quantum ‘XPC' - branded Products (excluding Quantum XPC co-branded products) purchased under these Terms and Conditions directly from Quantum XPC by an end-user Customer may be returned by Customer up to fifteen (15) days from the date of the invoice for a replacement, refund or credit of the purchase price in accordance with Quantum XPC's "Total Satisfaction Policy" in effect in the Location on the date of the invoice. The refund or credit will not include any shipping and handling charges forming part of the purchase price. Returned Products must be received by Quantum XPC in as-new or as-shipped-by-Quantum XPC condition, including conformance to invoiced specification, and all of the manuals, diskettes, CDs, power cables, other items included with a Product must be returned as well.

8. WARRANTY

8.1 Unless specified otherwise and in addition to any rights the Customer may have under statute, Quantum XPC warrants to the Customer that Quantum XPC branded Products (excluding third party products and software), will be free from defects in materials and workmanship affecting normal use for a period of one year from invoice date ("Standard Warranty").

8.2 This Standard Warranty does not cover damage, fault, failure or malfunction due to external causes, including accident, abuse, misuse, problems with electrical power, servicing not authorised by Quantum XPC, usage and/or storage and/or installation not in accordance with Product instructions, failure to perform required preventive maintenance, normal wear and tear, act of God, fire, flood, war, act of violence or any similar occurrence; any attempt by any person other than Quantum XPC personnel or any person authorised by Quantum XPC, to adjust, repair or support the Products and problems caused by use of parts and components not supplied by Quantum XPC.

8.3 The Standard Warranty does not cover any items that are in one or more of the following categories: software; external devices; accessories or parts added to the Product after the Product is shipped from Quantum XPC; accessories or parts added to the Product through Quantum XPC's Custom Integration (CI) program; accessories or parts that are not installed in the Quantum XPC workshop; or third party products purchased under Quantum XPC Software & Peripherals (S&P) Program.

8.4 During the one-year period beginning on the invoice date, Quantum XPC will repair or replace Products returned to Quantum XPC's facility. Customer must prepay shipping and transportation charges, and insure the shipment or accept the risk of loss or damage during such shipment and transportation. Quantum XPC will ship the repaired or replacement products to Customer freight prepaid.

8.5 While not affecting any non-excludable warranty or guarantee implied by law, Quantum XPC does not give any warranty that the Products are fit for any particular purpose and this Standard Warranty is given in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, trade usage, course of dealing or otherwise including warranties or conditions of merchantability, fitness for purpose, satisfactory quality and/or compliance with description, all of which are hereby excluded to the fullest extent permitted by law.

8.6 The Customer agrees that to the extent permitted by law, in relation to third party products purchased through Quantum XPC, where such of the Products are covered by a relevant manufacturer's warranty, then the Customer will first make a claim against the manufacturer and shall utilise that warranty for the support of such Products and in any event not look to Quantum XPC for such warranty support in the first instance.

9. SERVICE AND TECHNICAL SUPPORT

Quantum XPC will provide general service and technical support to Customer in accordance with the then-current service and technical support policies in effect. Service and support offerings may vary from product to product. If Customer purchases optional services and support as listed on Customer's invoice, Quantum XPC will provide the optional service and support to Customer in accordance with the then-current terms and conditions in the optional service contract between Quantum XPC and Customer (available via the Internet on Quantum XPC's Web site at http://www.xpc.com/contractservice or upon request) in addition to the Standard Warranty. Quantum XPC may, at its discretion, revise its general and optional service and support programs and the terms and conditions that govern them. Quantum XPC has no obligation to provide service or support until Quantum XPC has received full payment for the product or service/support contract for which service or support is requested.

10. LIABILITY

10.1 Quantum XPC shall not be liable in contract or in tort for any loss or damage suffered and consumers rights are limited to those set out in these Terms and Conditions and under statute.

10.2 To the extent permitted by law and subject to clause 10.7, Quantum XPC's total liability herein in respect of each event or series of connected events shall not exceed the total price paid for the purchase of products and/or services under these Terms and Conditions.

10.3 The Customer shall indemnify Quantum XPC and keep Quantum XPC fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or willful misconduct of the Customer, its employees, agents or sub-contractors or by any breach of its contractual obligations arising out of these Terms and Conditions.

10.4 To the extent permitted by law, Quantum XPC and Customer agree that Quantum XPC will not be liable for Products not being available for use, or for data or software which is lost, corrupted, deleted or altered. Quantum XPC shall not be liable to the Customer for any incidental, indirect, special or consequential damages arising out of or in connection with the purchase, use or performance of products or services, even if Quantum XPC has been advised of their possibility.

10.5 Any service response times stated by Quantum XPC in the service contracts are approximate only and Quantum XPC shall not be liable for any direct or indirect loss or damage arising from its failure to meet such response times, howsoever occasioned.

10.6 To the extent permitted by law, any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by Quantum XPC shall be subject to correction without any liability on the part of Quantum XPC.

10.7 Under the Act, where implied conditions and warranties cannot be excluded, Quantum XPC's liability for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at Quantum XPC's option, to:

(a) in the case of products, the replacement of the products or the supply of equivalent products; the repair of such products; the payment of the cost of replacing the products or of acquiring equivalent products; or the payment of the cost of having the products repaired; OR

(b) in the case of services, the supplying of services again; or the payment of the cost of having services supplied again.

11. FORCE MAJEURE

Neither party shall be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of the party so delaying, and such party shall be entitled to a reasonable extension of time for the performance of such obligations.

12. EXPORT RESTRICTIONS

The Customer acknowledges that the Products licensed or sold hereunder, which may include technology and software, may be subject to the export control laws and regulations of the country in which the Products are received. The Customer agrees to abide by all applicable export control laws and regulations. Under such laws and regulations, the Products purchased may not be sold, leased or otherwise transferred to restricted end-users or to restricted countries. In addition, the Products may not be sold, leased or otherwise transferred to, or utilized by, an end-user engaged in activities related to weapons of mass destruction, including but not necessarily limited to, activities related to the design, development, production or use of nuclear materials, nuclear facilities, or nuclear weapons, missiles or support of missile projects, or chemical or biological weapons. The Customer understands that applicable requirements or restrictions may vary depending on the Products delivered and may change over time and that, to determine the precise controls applicable to the Products acquired, it may be necessary to refer to relevant laws and regulations.

13. GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the laws of South Australia and shall be subject to the non-exclusive jurisdiction of the courts of South Australia .

14. GENERAL

14.1 The Customer shall not assign or otherwise transfer any Contracts or any of its rights and obligations hereunder whether in whole or in part without the prior written consent of Quantum XPC. Any such unauthorised assignment shall be deemed null and void.

14.2 If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.

1 st September 2007 Revised Edition

Warranty Specific Clauses

Limitations

There is no warranty or other liability for the following:

•  This warranty does not apply to any failure or defect caused by misuse, accidental or physical damage (scratches or dent on the case), removal of serial number, abnormal or unusually heavy use (over-clocking), neglect, abuse, alteration, improper installation, unauthorised repair or modification, improper testing, or causes external to the product such as, but not limited to, excessive heat or humidity, power failure, power surges, or natural disaster.

•  Service and repair of accessories, apparatus, attachments or any other devices which are not Quantum XPC sold Products or options.

•  Quantum XPC makes no warranty with respect to expendable components, any software supplied by Quantum XPC, any experimental or developmental products, compatibility with other hardware and software products introduced after the time of purchase, or products or accessories not supplied by Quantum XPC; all of which components, software and products are provided as-is.

•  Warranty will be void if damaged return during shipping, customer will be responsible to claim the carrier.

•  No warranty for refurbished products or closed out items

Return Material Authorization

No Product may be returned directly to Quantum XPC without first contacting Quantum XPC for a Return Material Authorisation ("RMA") number.

To request service customer must be first Log in:
http://xpc.com.au/warranty.html . Then follow the simple and clear instructions to complete your request in a systematical and well-organised way. All RMA requests must go through this route or fax us back the RMA form and receive a Return Material Authorisation Number (RMA) and instruction on how to return the defective products. Customer pays for shipping cost to return the defective goods to Quantum XPC, and Quantum XPC will pay for return of repaired or replacement goods to customer by our preferred courier service. Customer is responsible for properly packaging and insuring the product for return to Quantum XPC. Customer must provide the RMA number clearly marked outside of the package and must include the RMA form.

•  If it is determined that the product may be defective, you will be given an RMA number and instructions for product return. An unauthorised return, i.e. one for which an RMA number has not been issued, will be returned to you at your expense. Your original box and packaging materials should be kept for storing or shipping your Product. RMA number is valid for 15 days only.

•  The required information included on the RMA form:

•  A detailed description of the product including serial number(s)

•  Proof of Purchase

•  A detailed problem description or error codes
Please do not include products not purchased from Quantum XPC when returning regular RMA product. If any information is missing or inaccurate it could delay the RMA process. RMA number(s) will be issued by FAX or email only.

3. All phased-out or discontinued items that cannot be repaired or replaced will be reimbursed by equivalent items, which could be repaired or refurbished.

No Defect Found Charges

If Quantum XPC determines that any returned product is not defective and does not require warranty repair. Quantum XPC has the right to bill for all shipping, handling, and processing cost attributes to the retuned non-defective product.

Out of Warranty Service

•  Should a returned product be out of the ‘Warranty Period,' Quantum XPC will contact the customer for further instruction and will request a Work Order prior to commencement of out of warranty service.

•  Upon confirmation of Instructions to perform post-warranty service. Quantum XPC will repair, but not replace the product.

•  Quantum XPC will bill the customer a minimum repair charge of $89.00 for each motherboard and $154.00 for each Quantum XPC barebone system to repair product but this does not include shipping and insurance cost.

•  For ‘Out of Warranty Period' repair customer will be responsible for the cost of shipment both ways.

•  Repairs made to Out-of-Warranty Period products receive a thirty (30) days warranty against defects of the repairs; from the date repairs are completed. This limited warranty covers only the repair work performed.

Charges :

•  $89.00 check up fee, $56.00 per 1/2 hour labor for MB, exclude parts

•  $154.00 for XPC barebone system and monitor

•  $189.00 for XPC Complete system

Charges may change from time to time without written notice. It is the Customers responsibility to confirm charges at moment of repair.

Changes to RMA Policy

Quantum XPC reserves the right to change this policy without advance notice.

Notices

To fill in our online warranty claim form, click here .

If you intend to return dead-pixel LCD monitors, please read this  first.

This warranty only covers the Quantum XPC Systems purchased on 1 Year Return-to-Base Warranty Plan and all other products, including Quantum XPC Accessories and separate computer components purchased from Quantum XPC website.

Customers, who buy Onsite Warranty Plan, please contact United Electrical directly.

United Electrical is an independent service provider that supplies our Onsite Warranty service. Their warranty details are given in a separate warranty statement enclosed with the Quantum XPC system delivered.

For United Electrical contact details, please click here .