MICRON ENTERPRISE SOLID-STATE DRIVE (“SSD”) LIMITED WARRANTY
MICRON MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT THAT MICRON WARRANTS ONLY THAT THE ENTERPRISE SSD COMPLIES WITH MICRON'S SPECIFICATIONS FOR THE ENTERPRISE SSD AT THE TIME OF DELIVERY; PROVIDED THAT DEVIATIONS FROM SPECIFICATIONS WHICH DO NOT MATERIALLY AFFECT FORM, FIT OR FUNCTION OF SUCH ENTERPRISE SSD IN THE SYSTEM AND CONFIGURATION IN OR FOR WHICH IT IS INITIALLY INSTALLED OR QUALIFIED BY CUSTOMER SHALL NOT BE DEEMED TO CONSTITUTE FAILURE TO COMPLY WITH SUCH SPECIFICATIONS.
ANY CLAIM AGAINST MICRON MUST BE MADE WITHIN FIVE (5) YEARS FROM THE DATE OF SHIPMENT BY MICRON OR PRIOR TO THE OCCURRENCE OF THE ENTERPRISE SSD EXCEEDING ITS USEFUL LIFE AS SPECIFIED IN MICRON’S SPECIFICATIONS FOR THE ENTERPRISE SSD, WHICHEVER OCCURS EARLIER (THE “WARRANTY PERIOD”), AND MICRON HAS NO LIABILITY THEREAFTER. For claims made within the Warranty Period, if Micron confirms that the Enterprise SSD failed to meet Micron’s specifications, Micron will issue Customer a credit or refund equal to the current value of the Enterprise SSD multiplied by the purchase price of the Enterprise SSD. The current value of the Enterprise SSD shall be equal to the percentage of useful life remaining on the Enterprise SSD as determined by Micron based on the Enterprise SSD’s media wear out indicator. MICRON'S LIABILITY IS LIMITED TO THE FOREGOING REMEDY. ALL WARRANTIES COVER ONLY DEFECTS ARISING UNDER NORMAL USE IN COMPLIANCE WITH MICRON’S SPECIFICATION SHEET AND DO NOT INCLUDE MALFUNCTIONS OR FAILURES RESULTING FROM MISUSE, ABUSE, NEGLECT, ALTERATION, MODIFICATION, IMPROPER INSTALLATION, OR REPAIRS BY ANYONE OTHER THAN MICRON.
The warranty provided for herein is subject to the following conditions: (a) if the Enterprise SSD becomes defective during the warranty period, Customer shall notify Micron promptly in writing of any claims; (b) if Micron advises Customer to return the Enterprise SSD, Customer will follow Micron’s instructions with respect to the return of such Enterprise SSD; (c) if the Enterprise SSD alleged by Customer to be defective or returned to Micron as provided in this section is either (i) not under warranty, or (ii) determined not to be defective, or (iii) defective due to any cause or condition not covered under the warranty provided herein, Customer agrees to reimburse Micron for all reasonable expenses incurred in traveling and/or the shipping, handling, and inspection of such Enterprise SSD; (d) Enterprise SSDs will be accepted by Micron for warranty claim verification only when returned by Customer in a condition which allows for suitable testing by Micron; (e) when more than one type of Enterprise SSD is returned, the Enterprise SSDs must be segregated by Enterprise SSD type; (f) Micron shall reimburse Customer for shipping charges to the extent of the percent of the total returns that are found by Micron to be defective as specified herein; (g) any returned Enterprise SSDs electrically or mechanically destroyed by Customer or third parties will not be covered by this warranty, and will not be returned to Customer, but will be scrapped by Micron.
CUSTOMER ACCEPTS ALL LIABILITY FOR USE OF MICRON PRODUCTS IN LIFE SUPPORT DEVICES OR SYSTEMS OR IN ANY OTHER CRITICAL APPLICATIONS. MICRON PRODUCTS ARE NOT AUTHORIZED FOR USE AS CRITICAL COMPONENTS IN LIFE SUPPORT DEVICES OR SYSTEMS OR OTHER CRITICAL APPLICATIONS. Life support devices or systems are those which are intended to support or sustain life and whose failure to perform can be reasonably expected to result in a significant injury to the user. Critical components are those whose failure to perform can be reasonably expected to cause failure of a life support device or system or affect its safety or effectiveness. Critical applications are those applications in which failure of the Micron’s product could result directly or indirectly in death, personal injury, or severe property or environmental damage. CUSTOMER ACKNOWLEDGES THAT ALL SEMICONDUCTOR PRODUCTS EXPERIENCE FAILURE RATES, WHICH MAY VARY ACCORDING TO USE CONDITIONS AND OTHER CIRCUMSTANCES. CUSTOMER ACKNOWLEDGES AND AGREES THAT CUSTOMER IS RESPONSIBLE FOR ALL DESIGN DECISIONS REGARDING CUSTOMER’S PRODUCTS AND IS SOLELY RESPONSIBLE TO IMPLEMENT SAFETY MEASURES TO GUARD AGAINST THE POSSIBILITY OF INJURY OR DAMAGE IN THE EVENT OF A FAILURE OR MALFUNCTION OF A MICRON PRODUCT USED IN A CUSTOMER PRODUCT OR SYSTEM. SHOULD CUSTOMER PURCHASE OR USE MICRON’S PRODUCTS FOR ANY CRITICAL APPLICATION, CUSTOMER SHALL INDEMNIFY AND HOLD MICRON HARMLESS AGAINST ALL CLAIMS, COSTS, DAMAGES AND EXPENSES AND REASONABLE ATTORNEYS’ FEES ARISING OUT OF, DIRECTLY OR INDIRECTLY, ANY CLAIM OF PRODUCT LIAIBLITY, PERSONAL INJURY, OR DEATH ARISING IN ANY WAY OUT OF USE OF MICRON’S PRODUCT IN A LIFE SUPPORT DEVICE OR SYSTEM OR OTHER CRITICAL APPLICATION.
ENTERPRISE SSD LIMITED WARRANTY
Revision date: January 10, 2017