LIMITED PRODUCT WARRANTY
THIS LIMITED WARRANTY ("WARRANTY") APPLIES TO THE PRODUCTS (AS DEFINED BELOW) OF SYNOLOGY, INC. AND ITS AFFILIATES, INCLUDING SYNOLOGY AMERICA CORP, (COLLECTIVELY, "SYNOLOGY"). YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS WARRANTY BY OPENING THE PACKAGE CONTAINING AND/OR USING THE PRODUCT. PLEASE BE ADVISED THAT THIS LIMITED WARRANTY DOES NOT APPLY TO THE SOFTWARE CONTAINED IN THE PRODUCTS WHICH SHALL BE SUBJECT TO ITS END USER LICENSE AGREEMENT, AND THAT SYNOLOGY RESERVES THE RIGHT TO MAKE ADJUSTMENTS AND/OR MODIFICATION TO THIS PRODUCT WARRANTY FROM TIME TO TIME WITHOUT PROVIDING PRIOR NOTICE TO YOU. IF YOU DO NOT AGREE TO THE TERMS OF THIS WARRANTY, DO NOT USE THE PRODUCT. INSTEAD, YOU MAY RETURN THE PRODUCT TO THE RESELLER WHERE YOU PURCHASED IT FOR A REFUND IN ACCORDANCE WITH THE RESELLER'S APPLICABLE RETURN POLICY.
PLEASE NOTE THAT SYNOLOGY’S WARRANTY SUPPORTS ARE NOT AVAILABLE IN EVERY COUNTRY, AND THAT SYNOLOGY MAY REFUSE TO PROVIDE THIS LIMITED WARRANTY SUPPORTS TO YOU IF YOU REQUEST SUCH SUPPORTS NOT AT THE COUNTRY AT WHICH THE PRODUCT WAS ORIGINALLY PURCHASED. THE COUNTRY AT WHICH THE PRODUCT WAS ORIGINALLY PURCHASED SHALL BE DETERMINED BASED ON THE SYNOLOGY’S INTERNAL RECORDS.
Section 1. Products
(a) "Products" refer to New Products or Refurbished Products.
(b) "New Product" means the Synology-branded hardware product and Synology-branded accessories contained in the original packaging Customer bought from an authorized Synology distributor or reseller. You may see our “New Product” at https://www.synology.com/products/status.
(c) "Refurbished Product" means all Synology products which have been refurbished by Synology’s affiliate or an authorized Synology distributor or reseller, not including those sold as "as is" or with "no warranty" by anyone.
(d) Other definition: "Customer" means the original person or entity purchasing the Product from Synology or an authorized Synology distributor or reseller; "Online Store" means an online shop operated by Synology or Synology’s affiliate; "Software" means the Synology proprietary software that accompanies the Product when purchased by Customer, is downloaded by Customer from the Web Site, or is pre-installed on the Product by Synology, and includes any firmware, associated media, images, animations, video, audio, text and applets incorporated into the software or Product and any updates or upgrades to such software.
Section 2. Warranty Period
(a) "Warranty Period": The warranty period commences on the purchase date is shown on the purchase receipt or invoice to be presented by Customer and ending at the day after the end of the Warranty Period for each New Product. You may see the Warranty Period for each New Product at https://www.synology.com/products/status. For the Refurbished Product or repaired parts, it's the remainder of the warranty period of the product they are replacing, or ninety (90) days from the date the product was replaced or repaired, whichever is longer; except for those sold as "as is" or with "no warranty" by any stores. Without presenting such purchase receipt or invoice, the warranty period shall commence on the date of manufacture based on our internal record.
(b) "Extended Warranty Period": For Customer purchasing EW201/ EW202 optional service for applicable Products specified in Section 1 (b), the Warranty Period specified in Section 2 (a) of the applicable Product registered with EW201/EW202 optional service will be extended by two years. You may see the applied model at https://www.synology.com/products/Extended_Warranty.
Section 3. Limited Warranty and Remedies
3.1 Limited Warranty. Subject to Section 3.2, Synology warrants to the Customer that each Product (a) will be free of material defects in workmanship and (b) under normal use will perform substantially in accordance with Synology's published specifications for the Product during the Warranty Period. Such limited warranty does not apply to the Software contained in the product or purchased by Customer which shall be subject to the accompanying end user license agreement provided with the Product. Synology provides no warranty to Refurbished Product sold as "as is" or with "no warranty".
This Limited Warranty is NOT transferable and applies only to the customers who directly purchase products from Synology’s affiliate, the resellers, and distributor that Synology authorized. The warranty set forth in Section 3 will terminate upon Customer's sale or transfer of the Product to a third party.
3.2 Exclusions. The foregoing warranties and warranty obligations do not apply to any Product that (a) has been installed or used in a manner not specified or described in the Product or its related documents (b) has been damaged by service (including upgrades and expansions) performed by anyone who is not a representative of Synology or any Synology Authorized Service Provider; (c) has been in any way misused, abused, or damaged; (d) has been used with items not provided by Synology other than the hardware or software for which the Product is designed; or (e) otherwise fails to conform to the Product specifications and such failure is attributable to causes not within or under Synology's control. (f) has been tie-in any non-Synology branded hardware products or any software, even if packaged or sold with Synology hardware. (g) Customer disassembles the Product except as authorized by Synology; (h) Customer fails to implement any correction, modification, enhancement, improvement or other update made available to Customer by Synology; or (i) Customer implements, installs or uses any correction, modification, enhancement, improvement or other update made available by any third party. (j) Any compatibility issues occurred when installing hardware products, software, or components not supported by Synology. (k) product damage caused by accident, fire, liquid contact, earthquake or other external cause. (l) cosmetic damage caused by normal wear and tear or otherwise due to the normal aging of the Product, including but not limited to scratches, dents and broken plastic on ports unless failure has occurred due to a defect in materials or workmanship; (m) serial number has been removed or defaced from Product, resulting in not able to identify.
3.3 Warranty Support and Exclusive Remedy. If Customer gives notice of noncompliance with any of the warranties set forth in Section 3.1 within the applicable Warranty Period in the manner set forth below, then, upon verification of the noncompliance by Synology, Synology will, at Synology's option: (a) use commercially reasonable efforts to repair the Product, (b) provide technical support, or (c) replace the noncomplying Product or part thereof upon return of the complete Product in accordance with Section 3.4 The foregoing sets forth Synology's entire liability and Customer's sole and exclusive remedy for any breach of warranty under Section 3.1 or any other defect or deficiency in the Product. Customer will reasonably assist Synology to diagnose and validate any nonconformity with the Product.
3.4 Return. Any Product return by Customer under Section 3.3 must be made in accordance with Synology's then-current return procedures with the purchase receipt or invoice. You may see more information about return procedure at
https://www.synology.com/knowledgebase/DSM/tutorial/Service_Application/How_to _make_warranty_claim_for_Synology_NAS, for warranty claims, Customer must return the complete Product to Synology in accordance with this Section 3.4. Any Product returned that has been disassembled (except under the direction of Synology) will be refused and returned to Customer at Customer's expense. Any Product must be returned in the same condition as it was received from Synology to the address designated by Synology, freight pre-paid, in packaging sufficient to protect the contents thereof. Customer is responsible for insurance and risk of loss with respect to returned items until they are properly received by Synology.
3.5 Replacement by Synology. If Synology elects to replace any Product under this Warranty set forth in Section 3.1, then Synology will ship a replacement Product at Synology's expense via the shipping method selected by Synology after receipt of the nonconforming Product returned in accordance with Section 3.4 and validation by Synology that the Product does not conform to the warranty. In some countries, Synology may at its own discretion apply the Synology Replacement Service to certain Products, through which Synology will ship a replacement Product to Customer before its receipt of the nonconforming Product returned by Customer ("Synology Replacement Service").
3.6 Disclaimer of Warranties. THE WARRANTIES, OBLIGATIONS, AND LIABILITIES OF SYNOLOGY AND THE REMEDIES OF CUSTOMER SET FORTH IN THIS WARRANTY ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND CUSTOMER HEREBY WAIVES, RELEASES AND DISCLAIMS, ALL OTHER WARRANTIES, OBLIGATIONS AND LIABILITIES OF SYNOLOGY AND ALL OTHER RIGHTS, CLAIMS AND REMEDIES OF CUSTOMER AGAINST SYNOLOGY, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE PRODUCT, ACCOMPANYING DOCUMENTATION OR SOFTWARE AND ANY OTHER GOODS OR SERVICES DELIVERED UNDER THIS WARRANTY, INCLUDING, BUT NOT LIMITED TO ANY: (A) IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE; (B) IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE; (C) CLAIM OF INFRINGEMENT OR MISAPPROPRIATION; OR (D) CLAIM IN TORT (WHETHER BASED ON NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY OR OTHER THEORY). SYNOLOGY MAKES NO GUARANTEE AND SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE DATA OR INFORMATION STORED ON ANY SYNOLOGY PRODUCT WILL BE SECURE AND WITHOUT RISK OF DATA LOSS. SYNOLOGY RECOMMENDS THAT CUSTOMER TAKES APPROPRIATE MEASURES TO BACK UP THE DATA STORED ON THE PRODUCT. SOME STATES/JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO CUSTOMER.
Section 4. Limitations of Liability
4.1 Force Majeure. Synology will not be liable for, or be considered to be in breach of or default under this Warranty on account of, any delay or failure to perform as required by this Warranty as a result of any cause or condition beyond its reasonable control (including, without limitation, any act or failure to act by Customer).
4.2 Disclaimer of Certain Damages. IN NO EVENT WILL SYNOLOGY OR ITS SUPPLIERS BE LIABLE FOR THE COST OF COVER OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO LOSS OF DATA, INFORMATION, REVENUE, PROFIT OR BUSINESS) ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE PRODUCT, ANY ACCOMPANYING DOCUMENTATION OR SOFTWARE AND ANY OTHER GOODS OR SERVICES PROVIDED UNDER THIS WARRANTY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY EVEN IF SYNOLOGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4.3 Limitation of Liability. SYNOLOGY'S AND ITS SUPPLIERS' LIABILITY ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE PRODUCT, ANY ACCOMPANYING DOCUMENTATION OR SOFTWARE AND ANY OTHER GOODS OR SERVICES PROVIDED UNDER THIS WARRANTY IS LIMITED TO THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE PRODUCT REGARDLESS OF THE AMOUNT OF DAMAGES CUSTOMER MAY INCUR AND WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY. The foregoing disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law. The laws of some states/jurisdictions do not allow exclusion or limitation of certain damages. To the extent that those laws apply to the Product, the exclusions and limitations set forth above may not apply to Customer.
Section 5. Miscellaneous
5.1 Proprietary Rights. The Product and any accompanying Software and documentation provided with the Product include proprietary and intellectual property rights of Synology and its third party suppliers and licensors. Synology retains and reserves all right, title, and interest in the intellectual property rights of the Product, and no title to or ownership of any intellectual property rights in or to the Product, any accompanying Software or documentation and any other goods provided under this Warranty is transferred to Customer under this Warranty. Customer will (a) comply with the terms and conditions of the Synology end user license agreement accompanying any Software furnished by Synology or an authorized Synology distributor or reseller; and (b) not attempt to reverse engineer any Product or component thereof or accompanying Software or otherwise misappropriate, circumvent or violate any of Synology's intellectual property rights.
5.2 Assignment. Customer will not assign any of its rights under this Warranty directly, by operation of law or otherwise, without the prior written consent of Synology.
5.3 No Additional Terms. Except as expressly permitted by this Warranty, neither party will be bound by, and each party specifically objects to, any term, condition or other provision that conflicts with the provisions of this Warranty that is made by the other party in any purchase order, receipt, acceptance, confirmation, correspondence or otherwise, unless each party specifically agrees to such provision in writing. Further, if this Warranty conflicts with any terms or conditions of any other agreement entered into by the parties with respect to the Product, this Warranty will prevail unless the other agreement specifically references the sections of this Warranty that it supersedes.
5.4 Applicable Law. Unless explicitly prohibited by local law, this Warranty is governed by the laws of the State of Washington, U.S.A. for the Customers residing within the United States; and by the laws of the Republic of China (Taiwan) for Customers not residing within the United States, without regard to any conflict of law principles to the contrary. The 1980 U.N. Convention on Contracts for the International Sale of Goods or any successor thereto does not apply.
5.5 Dispute Resolution. Any dispute, controversy or claim arising out of or relating to this Warranty, the Product or services provided by Synology with respect to the Product or the relationship between Customers residing within the United States and Synology will be resolved exclusively and finally by arbitration under the current commercial rules of the American Arbitration Association, except as otherwise provided below. The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute between Customer and Synology. The arbitration, or any portion of it, will not be consolidated with any other arbitration and will not be conducted on a class-wide or class action basis. The arbitration shall be held in King County, Washington, U.S.A. by submission of documents, by telephone, online or in person as determined by the arbitrator at the request of the parties. The prevailing party in any arbitration or legal action occurring within the United States or otherwise shall receive all costs and reasonable attorneys’ fees, including any arbitration fee paid by the prevailing party. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered thereon in any court of competent jurisdiction. Customer understands that, in the absence of this provision, Customer would have had a right to litigate any such dispute, controversy or claim in a court, including the right to litigate claims on a class-wide or class-action basis, and Customer expressly and knowingly waives those rights and agrees to resolve any disputes through binding arbitration in accordance with the provisions of this Section 5.5. For Customers not residing within the United States, any dispute, controversy or claim described in this section shall be finally resolved by arbitration conducted by three neutral arbitrators in accordance with the procedures of the R.O.C. Arbitration Law and related enforcement rules. The arbitration shall take place in Taipei, Taiwan, R.O.C., and the arbitration proceedings shall be conducted in English or, if both parties so agree, in Mandarin Chinese. The arbitration award shall be final and binding on the parties and may be enforced in any court having jurisdiction. Nothing in this Section shall be deemed to prohibit or restrict Synology from seeking injunctive relief or seeking such other rights and remedies as it may have at law or equity for any actual or threatened breach of any provision of this Warranty relating to Synology's intellectual property rights.
5.6 Attorneys' Fees. In any arbitration, mediation, or other legal action or proceeding to enforce rights or remedies under this Warranty, the prevailing party will be entitled to recover, in addition to any other relief to which it may be entitled, costs and reasonable attorneys' fees.
5.7 Export Restrictions. You acknowledge that the Product may be subject to U.S. export restrictions. You will comply with all applicable laws and regulations that apply to the Product, including without limitation the U.S. Export Administration Regulations.
5.8 Severability. If any provision of this Warranty is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remainder of this Warranty will remain in full force and effect.
5.9 Entire Agreement. This Warranty constitutes the entire agreement, and supersedes any and all prior agreements, between Synology and Customer related to the subject matter hereof. No amendment, modification or waiver of any of the provisions of this Warranty will be valid unless set forth in a written instrument signed by the party to be bound thereby.