Support Services Policy

INTRODUCTION

Hypertec is pleased to provide customers with limited warranty services (“Service(s)”) for CIARA-branded products or systems (“Product(s)”) manufactured or sold by Hypertec and its affiliates as described in these terms and conditions. Customer’s quote, order form or other mutually agreed upon form of invoice or order acknowledgment from Hypertec (as applicable, “Order Form”) will include the name of the Product and applicable Service options that Customer has purchased, if any. For additional assistance, please contact the Hypertec Support Center or your Hypertec sales representative. These are the only terms and conditions that apply to the limited warranty Service options that may be selected by Customer.

LIMITED WARRANTY SERVICE OPTIONS

Hypertec provides the following Service options:

Summary

# Service Type Response Time1 Limited Warranty Service Period
1 Return to Depot (1-way) Commercially reasonable efforts 1 to 5 years
2 Return to Depot (2-way) Commercially reasonable efforts 1 to 5 years
3 Advance Exchange (1-way/7 days) Customer receives replacement Product within seven (7) days 1 to 5 years
4 Advance Exchange (2-way/7 days) Customer receives replacement Product within seven (7) days 1 to 5 years
5 Advance Exchange (2-way/NBD) Customer receives replacement Product Next-Business Day 1 to 5 years
6 On-Site (9X5/NBD) Technician on site within Next-Business Day subject to maintenance window availability. Regular Business Hours (9 hours a day, 5 days a week). 1 to 5 years
7 On-Site (24x7/NBD) Technician on site within Next-Business Day subject to maintenance window availability. During or outside Regular Business Hours (24 hours a day, 7 days a week). 1 to 5 years
8 On-Site (24x7/4 hours) Technician on site within 4 hours subject to maintenance window availability. During or outside Regular Business Hours (24 hours a day, 7 days a week). 1 to 5 years

Service Availability by Region

# Service Type Zone 11 Zone 22 Zone 33 Zone 44
1 Return to Depot (1-way) Available Available Available Available
2 Return to Depot (2-way) Available Available Available Available
3 Advance Exchange (1-way/7 days) Available Available Limited Replacement Product or parts to be shipped within seven (7) days from Response Time Start Date Limited Replacement Product or parts to be shipped within seven (7) days from Response Time Start Date
4 Advance Exchange (2-way/7 days) Available Available Limited Replacement Product or parts to be shipped within seven (7) days from Response Time Start Date Limited Replacement Product or parts to be shipped within seven (7) days from Response Time Start Date
5 Advance Exchange (2-way/next business day -NBD) Available Replacement Product or parts to be shipped by Next-Business Day from Response Time Start Date Limited Replacement Product or parts to be shipped by Next-Business Day from Response Time Start Date Limited Replacement Product or parts to be shipped by Next-Business Day from Response Time Start Date
6 On-Site (9X5/NBD) Available 2-Day from Response Time Start Date instead of Next-Business Day 2-Day from Response Time Start Date instead of Next-Business Day 3-Day from Response Time Start Date instead of Next-Business Day
7 On-Site (24x7/NBD) Available 2-Day from Response Time Start Date instead of Next-Business Day 2-Day from Response Time Start Date instead of Next-Business Day 3-Day from Response Time Start Date instead of Next-Business Day
8 On-Site (24x7/4 hours) Available* Not Available Not Available Not Available

* Contact your sales representative for more information.

Service Warranty Period by Product

# Product Limited Warranty Service Period
1 HORIZON 1 to 5 years
2 KRONOS 1 to 5 years
3 ORION HF 1 to 2 years
4 ORION RS 1 to 5 years
5 ORION S 1 to 5 years
6 ORION W 1 to 5 years
7 TITAN 1 to 5 years
8 TRIDENT 1 to 5 years
9 CRIUS 1 to 5 years

1Response Time is based on commercially reasonable efforts and based on local standard business days and working hours. Unless otherwise stated, Response Time commences from the time a Service request form is completed by Customer and the later of: (i) completed remote diagnostics and troubleshooting by Hypertec, and (ii) a mutually acceptable time for Service to be performed has been established by the parties (together the “Response Time Start Date”). In some countries and under certain Service Provider or supplier constraints, Response Time may vary. If location is outside the customary service zone, Response Time may be longer and/or additional charges may apply.
2Canada and USA
3Spain, France, UK, Ireland, Switzerland, Germany, Italy and Netherlands
4Japan, South Korea, Australia, Taiwan, Hong Kong and Singapore
5All other countries except Canada or US sanctioned countries. Availability varies by country. Contact your sales representative for more information.

CONTACTING HYPERTEC FOR SUPPORT

Customers can receive Services after a Service request form is completed by Customer at https://support.hypertec.com/customer-support/ or calling Hypertec toll free 1-855-597-4913 (North America) or +1-514-788-0673 (International).

Customers must have the following information on hand when contacting Hypertec:

  • Case number (if already obtained) and/or serial number, model name and model numbers of affected Product;
  • Application error messages;
  • Add-on options;
  • Operating system;
  • Current version of the Product;
  • Brand names and models of any third-party hardware, software or peripheral devices being used with the affected Product; and
  • Any other information being requested on the Service request form.

To receive Services, Customer must confirm that it: (a) has full access to the hardware and/or software that is the basis of the problem, and (b) has completed a back-up of any software or data that may be impacted by the Product.

LIMITED WARRANTY SERVICE OPTIONS – DETAILED DESCRIPTION

RETURN TO DEPOT

Process. Customer completes the Service request form which creates a Service ticket. With the information provided by Customer in the Service request form, Hypertec shall attempt to troubleshoot and resolve the problem remotely. In the event troubleshooting does not resolve the problem, Hypertec shall instruct Customer to ship defective Product to Hypertec depot for repair. When deemed necessary by Hypertec, Hypertec may provide replacement parts only for installation by Customer. Customer must be able to accept shipment at the location of the Product being shipped. Hypertec will not be held liable for delays due to the Customer’s failure or refusal to accept shipment of replacement parts. Customer is responsible for returning the replaced parts to Hypertec. Hypertec reserves the right to send Customer a whole Product unit for exchange in lieu of providing replacement parts. Product unit replacement may not be stocked by Hypertec and there may be extended lead times for arrival of a whole unit replacement, depending on Customer’s location and the type of Product being replaced.

Service Options. Hypertec offers the following return to depot shipping options: 1 way shipping option – Customer pays freight to return defective Product to Hypertec depot; 2-way shipping option – Hypertec pays freight to return defective Product to Hypertec depot. For both options, Hypertec repairs the Product and pays freight to send the Product back to Customer.

ADVANCE EXCHANGE (7 day or Next Business Day)

Process. Customer completes the service request form which creates a Service ticket. With the information provided by Customer in the Service request form, Hypertec shall attempt to troubleshoot and resolve the problem remotely. In the event troubleshooting does not resolve the problem, Hypertec shall send new replacement Product to Customer. When deemed necessary by Hypertec, Hypertec may provide replacement parts only for installation by Customer. Replacement parts shall be shipped prior to the receipt by Hypertec of the replaced parts. Customer must be able to accept shipment at the location of the Product being replaced. Hypertec will not be held liable for delays due to the Customer’s failure or refusal to accept shipment of replacement parts. Customer is responsible for replacing the Product or parts sent by Hypertec and for returning the replaced parts to Hypertec. Hypertec reserves the right to send Customer a whole Product unit for exchange in lieu of providing replacement parts. Product unit replacement may not be stocked by Hypertec and there may be extended lead times for arrival of a whole unit replacement, depending on Customer’s location and the type of Product being replaced.

Service Options. Hypertec offers the following advance exchange shipping options: (i) 1 way shipping option – Customer pays freight to return defective Product to Hypertec depot, (ii) 2-way shipping option – Hypertec pays freight to return defective Product to Hypertec depot. For both options, Hypertec pays freight to send new replacement Product to Customer.

ONSITE RESPONSE

Process. Customer completes the Service request form which creates a Service ticket. With the information provided by Customer in the Service request form, Hypertec shall attempt to troubleshoot and resolve the problem remotely. In the event troubleshooting does not resolve the problem, Hypertec shall dispatch a field technician and/or ship warranty replacement Products or parts to the Customer’s designated location to repair the defective Product at Customer site. If Hypertec installs the replacement parts, Hypertec will arrange for return of the replaced parts. If Customer installs the replacement parts, Customer is responsible for returning the replaced parts to Hypertec. Hypertec reserves the right to send Customer a whole Product unit for exchange in lieu of providing replacement parts. Product unit replacement may not be stocked by Hypertec and there may be extended lead times for arrival of a whole unit replacement, depending on Customer’s location and the type of Product being replaced.

Service Options. Hypertec offers the following onsite options: (i) next business day, regular business hours (9-5 local time, Monday-Friday); (ii) next business day, 24 hours a day, 7 days a week; or (iii) 4-hour Service time, 24 hours a day, 7 days a week.

EXCLUSIONS TO SERVICE OPTIONS

The following exclusions apply to all Service options:

  • Replacement of non-critical parts that do not impede ability to perform critical business functions, included, but are not limited to: bezels, mechanical chassis, frames, hard drive blanks, rail kits, cable management accessories, batteries, etc.;
  • Preventative maintenance;
  • Installation, de-installation or relocation services;
  • Operating systems and applications;
  • Repairs necessitated by software related issues, or as a result of alteration, adjustment, or repair by anyone other than Hypertec;
  • Services for Product damaged by misuse, accident, abuse (such as, but not limited to, use of incorrect line voltages, use of incorrect fuses, use of incompatible devices or accessories, improper or insufficient ventilation, or failure to follow operating instructions), modification, unsuitable physical or operating environment (specifically, temperatures no more than 26C/79F and no less than 15C/50F and humidity levels no more that 50% and no less than 20%), improper maintenance by Customer (or Customer’s representatives), neglect by Customer or any third party, removal or alteration of equipment or parts identification labels, or failure caused by a product for which Hypertec is not responsible;
  • Altering clock frequency, voltage or BIOS settings after delivery may void any product warranties and reduce stability, security, performance, and life of the processor and other components;
  • Damage to the Product resulting from use outside of the operation, storage parameters, or environment detailed in the user’s manual;
  • Services for damage resulting from Force Majeure;
  • Any activities or Services not expressly described in these terms and conditions;
  • HYPERTEC IS NOT RESPONSIBLE FOR THE PERFORMANCE OR SUPPORT OF OTHER SUPPLIERS’ PRODUCTS OR SERVICES.

CUSTOMER OBLIGATIONS

General. In connection with Services, at no charge to Hypertec, Customer shall: (i) provide Hypertec personnel and technicians with timely access to appropriate facilities, space, power, documentation, files, data, information, additional software (if needed); (ii) use skilled and authorized Customer personnel to assist and cooperate with Hypertec in the provision of the Services as reasonably requested by Hypertec; (iii) be responsible for physical and network security and all conditions in its business necessary for due performance of Services; (iv) allow Hypertec remote and onsite access to Products and Customer’s infrastructure environment, as required; and (v) where applicable, promptly notify Hypertec when Products fail and provide Hypertec with sufficient details of the failure such that the failure can be reproduced by Hypertec. Customer represents and warrants that it has obtained permission for Hypertec to access and use the Products, as well as the data, hardware and software contained therein, for the purpose of providing any Services.

Cancellation of Scheduled On-Site Service Call and Access. Customer will be charged for the cost of the on-site Service call by a technician at the standard Hypertec rate in either of the following circumstances: (i) a scheduled on-site Service call by a technician is cancelled by Customer with less than 24 hours’ notice to Hypertec; or (ii) technicians are denied access to Customer’s designated location for reasons beyond the technician’s control.

Parts Return. Customer is responsible for returning to Hypertec all replaced Products or parts, regardless of their condition or method of delivery, within 30 days (10 days in the case of Advanced Exchange Next Business Day option) from the date of receipt of the replaced Products or parts by Customer. In the event that the replaced Products or parts are not returned within such period, Hypertec will invoice Customer for the cost of the replaced Products or parts plus administration fees. If Hypertec installs the replacement parts, Hypertec will arrange for return of the replaced parts. When returning Products or parts, Customer will only include the Products or parts that have been authorised for return by the Hypertec Support Center pursuant to RMA procedures.

Data Backup; Removing Confidential Data. Customer will complete a backup of all existing data, software and programs on all affected systems prior to the delivery of any Service, including by remote troubleshooting. Customer will make regular backup copies of the data stored on all affected systems as a precaution against possible failures, alterations, or loss of data. In addition, Customer is responsible for removing any confidential, proprietary, or personal information or data and any removable media such as SIM cards, CDs, DVDs, or PC Cards regardless of whether an on-site technician is also providing assistance. Hypertec WILL HAVE NO LIABILITY FOR ANY CUSTOMER OR THIRD PARTY CONFIDENTIAL, PROPRIETARY OR PERSONAL INFORMATION; LOST OR CORRUPTED DATA, PROGRAMS OR SOFTWARE; DAMAGED OR LOST REMOVABLE MEDIA; DATA OR VOICE CHARGES INCURRED AS A RESULT OF FAILING TO REMOVE ALL SIM CARDS OR OTHER REMOVABLE MEDIA INSIDE PRODUCTS THAT ARE RETURNED TO HYPERTEC; THE LOSS OF USE OF A SYSTEM OR NETWORK; AND/OR FOR ANY ACTS OR OMISSIONS, INCLUDING NEGLIGENCE, BY HYPERTEC OR ITS SUBCONTRACTORS. Hypertec will not be responsible for the restoration or reinstallation of any programs or data. Customer agrees that under no circumstances is Hypertec responsible for any loss of software, programs, or data, even if technicians have attempted to assist Customer with their backup, recovery, or similar services. Any such assistance is beyond the scope of any Hypertec limited Product warranty, limited Service warranty and these terms and conditions. The assistance is provided at Hypertec’s sole discretion and without any guarantee or warranty of any kind. Hypertec does not provide any guarantee or warranty of any kind with respect to any third-party product that a technician may use in assisting Customer.

ADDITIONAL TERMS AND CONDITIONS

Payment. Customer will prepay for Services to be provided. Hypertec is not responsible for any tariffs or duties that may incurred in transferring any replacement parts or systems.

Confidential, Proprietary or Personal Information or Data. Customer agrees that any information or data disclosed or sent to Hypertec, over the telephone, electronically or otherwise, does not contain any confidential, proprietary or personal information or data. Customer is solely responsible for its data.

Assignment and Subcontracting. Hypertec may use affiliates or other qualified subcontractors (“Service Providers”) to perform its obligations hereunder.

Suspension; Termination of Services. Hypertec reserves the right to suspend or terminate Services if Hypertec determines, in its sole discretion, that Services are being misused, being used by any user other than Customer.

Limits to Scope and Changes to Service. Hypertec is not obligated to provide any Services that are not expressly described in these terms and conditions. In addition, in the course of providing any Services, Hypertec may in its sole discretion determine that the issue is beyond the scope of Services. Customer agrees that Hypertec may not be able to diagnose or solve Customer’s particular problem. Hypertec may at any time, change or modify any of the terms and conditions set forth in these terms and conditions, including the Service types or limited warranty Service periods.

Limited Product Warranty. Hypertec warrants CIARA-branded Products to be free from defects in material and workmanship under normal use and service in accordance with their Specifications for a period of ninety (90) days after shipment by Hypertec, with “Specifications” meaning Hypertec’s published specifications for Products. For non-CIARA-branded Products, Hypertec will transfer all transferable warranties or indemnities, if any, that the supplier or original manufacturer provides to Hypertec. Hypertec’s exclusive obligations with respect to any Products for claims under the limited Product warranty shall be to repair or replace the Product. Any Products repaired by Hypertec shall be warranted for the remainder of the original warranty period. THE FOREGOING WARRANTIES ARE THE SOLE WARRANTIES GIVEN BY HYPERTEC IN CONNECTION WITH PRODUCTS, AND HYPERTEC DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, LEGAL, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND WARRANTIES AGAINST LATENT DEFECTS. Other terms pertaining to this limited Product warranty are available at: https://hypertec.com/terms-conditions-of-sale/.

Limited Service Warranty. Hypertec will perform Services in a diligent and commercially reasonable manner in accordance with generally accepted industry standards. Replacement part(s) may not be new but will be in good working order and at least functionally equivalent to the item replaced. Customer must notify Hypertec of any failure to so perform within 10 days after the date on which such failure first occurs. In such case, Hypertec will use commercially reasonable efforts to correct such failure within a reasonable period of time. If, after reasonable efforts, Hypertec is not able to correct such deficiencies for reasons for which Hypertec is responsible, Customer may terminate the affected Services for cause by providing written notice to Hypertec. Any Products repaired or serviced by Hypertec shall be warranted for the remainder of the original warranty period.

Service Warranty Limitations and Disclaimer. The limited Service warranty above do not cover problems that arise from: (i) accident or neglect by Customer or any third party; (ii) any third party items or services with which the Product is used or other causes beyond Hypertec’s control; (iii) installation, operation or use not in accordance with Hypertec’s instructions and the applicable documentation; (iv) use in an environment, in a manner or for a purpose for which the Product was not designed; (v) modification, alteration or repair by anyone other than Hypertec personnel; or (vi) causes attributable to normal wear and tear. Hypertec has no obligation for: (1) software installed or used beyond the licensed use, or (2) Product whose original identification marks have been altered or removed. Products and Services are not fault-tolerant and are not designed or intended for use in hazardous environments requiring fail-safe performance, such as any application in which the failure of the Products or Services could lead to death, bodily injury, or physical or property damage (collectively, “High-Risk Activities”). Hypertec expressly disclaims any express or implied warranty of fitness for High-Risk Activities. OTHER THAN THE SERVICES WARRANTY ABOVE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HYPERTEC AND ITS AFFILIATES: (I) MAKE NO OTHER EXPRESS WARRANTIES; (II) DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; AND (III) DISCLAIM ANY WARRANTY ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADE.

Limitations of Liability and Remedies. IN NO EVENT WILL HYPERTEC, ITS AFFILIATES, SUBCONTRACTORS OR SERVICE PROVIDERS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE OR ANY LOSS OF REVENUE, PROFIT; LOST OR CORRUPTED DATA OR SOFTWARE; LOSS OF USE OF A SYSTEM OR NETWORK; BUSINESS INTERRUPTION OR DOWNTIME COSTS; PRODUCTS OR THIRD-PARTY PRODUCTS NOT BEING AVAILABLE FOR USE; REMOVAL AND/OR REINSTALLATION COSTS; REPROCUREMENT COSTS; MANUFACTURING EXPENSES; OVERHEAD; INJURY TO REPUTATION OR LOSS OF CUSTOMERS, IN EACH CASE EVEN IF HYPERTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER’S RECOVERY FROM HYPERTEC FOR ANY AND ALL CLAIMS SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL FEES PAID BY CUSTOMER TO HYPERTEC FOR THE SERVICES SELECTED DURING THE PRIOR 12 MONTHS UNDER WHICH THE CLAIM FIRST AROSE IRRESPECTIVE OF THE NATURE OF THE CLAIM, WHETHER IN CONTRACT, CIVIL LIABILITY, TORT, DELICT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHERWISE. THE REMEDIES PROVIDED IN THESE TERMS AND CONDITIONS ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES.

Force Majeure. Neither party shall be liable to the other for any delay or failure to perform any of its obligations (other than for the payment of fees) caused by Force Majeure. If such delay or failure lasts longer than 30 days, then the other party may immediately terminate, in whole or in part, the Services by giving written notice to the delayed party. “Force Majeure” refers to circumstances beyond a party’s reasonable control including, without limitation, act of God, war, riot, civil commotion, terrorist acts, malicious damage, governmental or regulatory actions, accident, breakdown of plant or machinery, local or national emergency, explosions, fire, natural disasters, severe weather or other catastrophes, epidemics/pandemics, general import/export/customs process problems affecting supplies to Hypertec or to Customer, shortages in materials, failure of a utility service or transport network, embargo, strike, lock out or other industrial dispute (whether involving Hypertec’s workforce or any other party), or default of suppliers or subcontractors due to any of the preceding events.

Governing Law. Any disputes arising in connection with these terms and conditions and the Services will be governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to conflicts of law principles. Any dispute shall be brought exclusively in the court of competent jurisdiction in the District of Montreal, Quebec.

Entire Agreement. These terms and conditions constitute the entire understanding between Hypertec and Customer relating to the provision of Services described herein and will supersede any previous communication, representation or agreement whether oral or written. Customer’s pre-printed, additional or different terms and conditions on any order or form will not apply. Customer’s acceptance of these terms and conditions is deemed to occur upon Customer’s purchase of Services.

Rev. 2024/04/09

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