Limited Warranty for Fujitsu Storage Products (Drives)
Toshiba America Information Systems, Inc. Storage Device Division (TAIS-SDD) provides the following Limited Warranty on Fujitsu Branded Toshiba Storage Products distributed by Toshiba or through Toshiba's authorised distribution channels:
Toshiba warrants that the Storage Product, from the time of sale through the Limited Warranty period, will function properly under normal use, be free of defects in materials or workmanship, and will conform to the performance specifications applicable to the Product.
All Fujitsu Branded Toshiba Storage Products are subject to the Warranty Exclusions described below. A Fujitsu Branded Toshiba Storage Product found to be defective, or which does not conform to the product specifications, will be repaired or replaced with a new or refurbished product at Toshiba's option.
Proof of purchase may be required to demonstrate eligibility for warranty service.
Warranty Exclusions
Toshiba's Limited Warranty does not apply to a Fujitsu Branded Toshiba Storage Product that has been subjected to physical damage after purchase, caused, for example, by casualty, accident, acts of God or transportation, including: (a) a failure to properly package and ship the product back to Toshiba for warranty service in accordance with Toshiba's then current Packaging and Shipping Guidelines; (b) user's installation, system integration, programming, reinstallation of user operating systems or applications software, systems engineering, relocation, reconstruction of data, or removal of the product or any component (including breakage of a connector, or of pins, seals or other components); (c) service, modification or repair not performed by Toshiba or any data recovery company authorised by Toshiba, or by tampering, use of counterfeit or other non-Toshiba components, assemblies or modules; (d) misuse, unreasonable handling or maintenance, mistreatment, operator error, failure to provide proper supervision or management, including use of cleaning products, or other accessories not approved by Toshiba; (e) environmental conditions (such as excessive heat or other unsuitable physical operating environment), corrosion, staining, electrical work external to the product or failure to provide Electro-Static Discharge (ESD) protection; (f) failure to install the firmware updates or releases available for the product; and (g) such other supplemental exclusions published from time to time online at the Warranty Service Guide (and also available by calling.)
Products whose labels have been defaced, altered, are missing or which no longer contain a legible valid serial number will not be accepted for warranty service. In addition, for the customer's protection, warranty service is not available for products determined to be stolen, scrapped or otherwise removed from normal service.
Toshiba provides no Limited Warranty for products that are purchased as part of a computer system or other electronic device or instrument. Any warranty for these products is provided by the OEM (Original Equipment Manufacturer) as part of that manufacturer's product or system, except as posted from time to time at the Warranty Service Guide page.
If any of the above excluded services are required, they may be available through an Authorised Data Recovery Company at their hourly rates and at terms then in effect.
Repaired or replaced products assume the remainder of the Limited Warranty period applicable to the defective product or ninety (90) days, whichever is longer.
Disclaimer and Limitation of Liability
EXCEPT AS OTHERWISE STATED IN THE LIMITED WARRANTY, TOSHIBA MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO FUJITSU BRANDED TOSHIBA STORAGE PRODUCTS. TOSHIBA DISCLAIMS ANY LIABILITY FOR INDIRECT, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST DATA, LOST REVENUE, LOST PROFITS, OR REPLACEMENT PRODUCT COSTS ARISING OUT OF THE PURCHASE, USE, OR PERFORMANCE OF FUJITSU BRANDED TOSHIBA STORAGE PRODUCTS, UNDER ANY THEORY OF LIABILITY, EVEN IF TOSHIBA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO SOME PURCHASERS. TOSHIBA DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AFTER THE LIMITED WARRANTY PERIOD, AND DISCLAIMS ANY IMPLIED WARRANTY ARISING FROM A COURSE OF PERFORMANCE, DEALING, USAGE, OR TRADE PRACTICE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO SOME PURCHASERS. THIS LIMITED WARRANTY GIVES THE PURCHASER SPECIFIC LEGAL RIGHTS, AND THE PURCHASER MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. THE PRICE OF PRODUCTS DISTRIBUTED BY TOSHIBA OR ITS AUTHORISED DEALERS REFLECTS THE ALLOCATION OF RISK ARISING FROM THE WARRANTY EXCLUSIONS AND THIS DISCLAIMER AND LIMITATION OF LIABILITY.
If there is any conflict between other sections of this Guidebook and the Limited Warranty, the terms of the Limited Warranty prevail.
