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Warranty Agreement - Refunds

This Agreement applies to products purchased by you from Ludar Inc. (“UsedServers.ca”), unless you enter into a separate written agreement with UsedServers.ca. THIS AGREEMENT APPLIES TO YOU UNLESS, WITHIN FIFTEEN (15) DAYS OF RECEIVING THIS AGREEMENT, (i) YOU NOTIFY UsedServers.ca IN WRITING THAT YOU DO NOT AGREE AND (ii) YOU RETURN YOUR PRODUCT UNDER USEDSERVERS.CA’S REFUND POLICY. 

1. Product Limited Warranty. UsedServers.ca warrants that its products will be free from defects in materials and workmanship for thirty (30) days or for the period stated on your invoice, whichever is longer. The warranty period begins on the date you receive the product(s) from UsedServers.ca. During the warranty period, UsedServers.ca will, at its option: (i) provide replacement parts necessary to repair the product, (ii) repair the product, (iii) replace the product with a comparable or superior one, or (iv) refund the amount you paid for the product, LESS SHIPPING & HANDLING, upon its return. You must assist UsedServers.ca in diagnosing issues with your product and follow UsedServers.ca’s warranty processes. You must obtain warranty service from UsedServers.ca. UsedServers.ca will not reimburse you for service performed by others. You may be required to ship your product to and from UsedServers.ca at your expense. Replacement parts and products will be serviceably used, comparable in function and performance to the original part, and warranted for the remainder of the original warranty period. If UsedServers.ca asks you to return defective parts or products, you must do so within seven (7) days after you receive the replacement parts or products. UsedServers.ca will charge you for replacement parts or products if you fail to do so.
THIS LIMITED WARRANTY DOES NOT COVER MISUSE OR MINOR IMPERFECTIONS THAT DO NOT MATERIALLY ALTER FUNCTIONALITY. PRODUCTS SOLD BY UsedServers.ca AS “USED” MAY NOT PERFORM AS WELL AS SIMILAR NEW PRODUCTS. UsedServers.ca DOES NOT WARRANT AND IS NOT RESPONSIBLE FOR DAMAGES CAUSED BY MISUSE, ABUSE, ACCIDENTS, VIRUSES, DATA LOSS, UNAUTHORIZED SERVICE OR PARTS, OR THE COMBINATION OF UsedServers.ca PRODUCTS WITH OTHER PRODUCTS. THIS LIMITED WARRANTY DOES NOT COVER SOFTWARE-RELATED ISSUES.

2. Services and Service Limited Warranty. For a period of thirty (30) days after services are performed by UsedServers.ca under this Agreement, UsedServers.ca warrants that such services were performed in a professional and workmanlike manner. You should back up all files before services are performed and remove any data from parts or products returned to UsedServers.ca. UsedServers.ca IS NOT RESPONSIBLE FOR ANY LOSS OF YOUR DATA.

3. Warranty Process. If the product you received from UsedServers.ca is defective during the warranty period, you must contact UsedServers.ca via phone (514-583-3980) and/or via email (sales@UsedServers.ca) before taking any further action. After confirming your problem, UsedServers.ca will determine the appropriate action to take. UsedServers.ca may require you to ship the defective product to UsedServers.ca in order to repair or replace it. In the event UsedServers.ca does require you to return the defective product, UsedServers.ca will provide you with a Returned Merchandise Authorization (“RMA”) number. You must include this number with the defective product when you return it. FAILURE TO OBTAIN AN RMA NUMBER PRIOR TO SHIPPING YOUR DEFECTIVE PRODUCT TO UsedServers.ca RELIEVES UsedServers.ca OF ALL FURTHER OBLIGATIONS UNDER THIS WARRANTY AGREEMENT. Returned products must be shipped, at your expense, to: Ludar, Inc., 1307 Saint Catherine St West PO Box 22016, or to whatever other address UsedServers.ca provides you.

4. Disclaimer of Warranties; Limitation of Liability. EXCEPT FOR THE WARRANTIES EXPRESSED IN THIS AGREEMENT, UsedServers.ca DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER APPLICABLE LAW. THE TERM OF ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED ARE LIMITED TO THE TERM OF THIS AGREEMENT. UsedServers.ca’S AND YOUR MAXIMUM LIABILITY TO THE OTHER IS LIMITED TO THE PURCHASE PRICE YOU PAID FOR PRODUCTS OR SERVICES, PLUS INTEREST AS ALLOWED BY LAW. NEITHER YOU NOR UsedServers.ca IS LIABLE TO THE OTHER IF YOU OR IT ARE UNABLE TO PERFORM DUE TO EVENTS YOU OR UsedServers.ca ARE NOT ABLE TO CONTROL, SUCH AS ACTS OF GOD, OR FOR PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, LOST DATA, OR OTHER CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, OTHER THAN THOSE DAMAGES THAT ARE INCAPABLE OF LIMITATION, EXCLUSION, OR RESTRICTION UNDER APPLICABLE LAW. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS 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.

5. General. You may not assign this Agreement without UsedServers.ca’s written consent. UsedServers.ca and its subsidiaries and affiliates are intended beneficiaries of this Agreement. If there is any inconsistency between this Agreement and any other agreement included with or relating to products or services purchased from UsedServers.ca, this Agreement shall govern. This Agreement may not be modified, altered, or amended without the written agreement of UsedServers.ca. Any additional or altered terms shall be null and void, unless expressly agreed to in writing by UsedServers.ca. If any term of this Agreement is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired. This Agreement shall be interpreted under the laws of the State of Kansas, without giving effect to conflicts of law rules.
For Residents of Canada: This Agreement is subject to the applicable provisions of Canadian consumer protection laws from which private agreements cannot derogate. You confirm your request that this Agreement and all documents related directly or indirectly thereto be drafted in the English language. Vous reconnaissez avoir requis que Ia présente convention ainsi que tous les documents qui s’y rattachent directement ou indirectenent soient rédiges en langue anglaise.