Terms and Conditions - Terms of Use - Hardware Warranty


NetBurner terms and conditions (PDF): Download Terms and Conditions

Terms of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.


Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of NetBurner, Inc. The collective work includes works that are licensed to NetBurner, Inc. Copyright 2003, NetBurner, Inc ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with NetBurner, Inc or purchasing NetBurner, Inc products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with NetBurner, Inc or to purchase NetBurner, Inc products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by NetBurner, Inc. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of NetBurner, Inc used in the site are trademarks or registered trademarks of NetBurner, Inc


Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, NetBurner, Inc disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. NetBurner, Inc does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. NetBurner, Inc does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Limitation of Liability
NetBurner, Inc shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if NetBurner, Inc has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors
In the event that a NetBurner, Inc product is mistakenly listed at an incorrect price, NetBurner, Inc reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. NetBurner, Inc reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, NetBurner, Inc shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by NetBurner, Inc without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
NetBurner, Inc may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to NetBurner, Inc.


Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of NetBurner, Inc products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of NetBurner, Inc products) must be commenced within one (1) year after the claim or cause of action arises. NetBurner, Inc's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. NetBurner, Inc may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a NetBurner, Inc or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
NetBurner, Inc does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, NetBurner, Inc is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, NetBurner, Inc reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to NetBurner, Inc in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless NetBurner, Inc, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links
In an attempt to provide increased value to our visitors, NetBurner, Inc may link to sites operated by third parties. However, even if the third party is affiliated with NetBurner, Inc, NetBurner, Inc has no control over these linked sites, all of which have separate privacy and data collection practices, independent of NetBurner, Inc. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, NetBurner, Inc seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Taxes and other charges
Prices are exclusive of taxes, impositions and other charges, including sales, use, excise, value-added (VAT) and similar taxes or charges imposed by any government authority, international shipping charges, forwarding agent's and broker's fees, bank fees, consular fees, document fees, and import duties. If applicable, VAT, along with any applicable brokerage fees, will be due at time of delivery.


NetBurner Standard Hardware Warranty

NetBurner (hereafter referred to as the Seller) warrants that its hardware products (hereafter referred to as Products) sold hereunder will at the time of shipment be free and clear of all liens and encumbrances, and will be free from defects in material and workmanship.
Refund/Exchange Policy

If products sold hereunder are not as warranted, Seller shall, at its option, refund the purchase price, repair, or replace the product - provided proof of purchase and written notice of nonconformance is received by Seller within one (1) year from date of initial shipment, and provided said nonconforming products are, with Sellers written authorization, returned FOB Seller's authorized repair center within thirty (30) days from expiration of said one year period.

This warranty shall not apply to any products Seller determines have been, by Buyer or otherwise, subjected to testing for other than specified electrical characteristics or to operating and/or improper testing, repair, alteration, damage, misuse, mishandling, neglect, assembly or processing that alters physical or electrical properties. This warranty excludes all costs of shipping, customs clearance, and related charges outside the contiguous 48 Unites States.

This warranty excludes all software products.

In no event shall Seller be liable for any incidental or consequential damages. This warranty extends to Buyer only and not to Buyer's customers or users of Buyer's products and is in lieu of all other warranties whether express, implied or statutory implied warranties of merchantability or fitness.

Order Cancellation Policy

Please submit any cancellation via email to sales@netburner.com, or call our sales line.

Email cancellations must contain the following: First name, last name, order number, and email address. This information must be identical to the information originally submitted on your order. Please provide contact information so that we may contact you if we have questions in regards to canceling your order.

Every effort will be made to accommodate the cancellation of your order, providing your order has not been charged and/or shipped out. In the event that a cancellation was submitted (via email or phone), and your order was shipped out after, we will gladly refund the complete balance charged including shipping. However, if the cancellation was documented as received after the order was shipped, we will refund the merchandise total less shipping.

Shipping Costs

Customer assumes all costs in shipping to/from us. All replacement/repaired products are shipped UPS Ground unless a rush is requested. The cost of such a shipping upgrade is to be paid by the customer prior to shipment.

Warranty Procedure

We suggest you contact our tech support team first by posting a question in our Help Desk to determine whether the item is indeed defective before shipping. Then make an online return merchandise authorization (RMA) request. See Return Policy for more details.

Out of Stock Policy
  • The most important thing to keep in mind when ordering is that our stock balances fluctuate throughout the day with sales demand and stock that we receive from the manufacturers. Items are constantly being sold and our stock is constantly being replenished. Most items ship within 2 weeks.
  • Just because the item you ordered is NOT identified as out-of-stock does not necessarily mean that it will be in-stock at the moment you order it. We will notify you if the item you ordered is out-of-stock. We first try to reply via email and give you 3 days to reply. Be sure to give us your current email address and phone number.

If you have any questions about our hardware warranty, please contact us.