PLEASE READ THIS DOCUMENT CAREFULLY!

IT CONTAINS IMPORTANT INFORMATION

ABOUT YOUR RIGHTS AND OBLIGATIONS AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOU

ASL, INC.
LIMITED WARRANTY & TERMS AND CONDITIONS
AGREEMENT

THIS AGREEMENT CONTAINS THE LIMITED WARRANTY AND TERMS AND CONDITIONS OF PURCHASE AND SERVICE THAT APPLY TO ASL SYSTEMS. ALL ASL PRODUCTS HAVE EITHER 1-YEAR, 2-YEAR OR 3-YEAR WARRANTY DEPENDING ON THE MODEL AND ANY EXTENDED WARRANTY PERIOD STATED ON THE INVOICE. PLEASE REFER TO WARRANTY DETAILS UNDER SECTION 2B. THE TERM "PRODUCT" MEANS HARDWARE DESCRIBED IN YOUR PURCHASE RECEIPT OR INVOICE. THE TERM "PRODUCT" DOES NOT INCLUDE SOFTWARE, SPECIAL ORDERS, EXTERNAL HARDWARE PERIPHERALS SUCH AS UPS, SWITCHES, MONITORS, JOYSTICKS, PRINTERS, SCANNERS, ETC., AND THEIR RELATED DOCUMENTATION (COLLECTIVELY "ACCESSORIES"). PLEASE BE CERTAIN TO READ THE INDIVIDUAL WARRANTIES FOR ACCESSORIES CONTAINED IN THE SHIPPING CARTONS.

  1. GENERAL TERMS OF SALE
    1. INSPECTION OF PRODUCT UPON RECEIPT. You must examine the Product and Accessories when you receive them. If any item is damaged or missing, you must notify ASL at once. ASL will not consider any claim for damaged or missing items more than thirty (30) days from the date of delivery.
    2. SHIPMENT & TITLE. ASL will arrange shipping of the Product and Accessories to your address from the shipping point of origin, Newark, CA. Title to the Product and Accessories passes to you upon delivery to the carrier and with that the risk of loss. The cost of shipping and handling will be shown on your purchase receipt or invoice. ASL will inform you of estimated shipment dates but will not be responsible for delays in delivery due to events beyond its control, including shortage of materials, labor strikes, transportation failures, or acts of God.
    3. PRICE & PAYMENT. Your total price for the Product, Accessories and Services will be stated on your purchase receipt or invoice. Prices and configurations advertised are subject to change without notice or obligation prior to acceptance of your order. Specifications may change due to product availability. In that event, ASL reserves the right to substitute parts with those of equal or greater value. Prices advertised do not include shipping and handling, or applicable sales taxes, (state of California customers) which will be added to the total price. Any existing or new taxes or fees charged by any governmental authority will be added to your invoice.
    4. PRODUCT RETURN POLICY. One of the reasons we are able to offer such great savings to our customers is our low overhead. In accordance with continuing to do so it is therefore our policy not to give cash refunds, and we do consider all sales final. We do, however, back our products with an extensive warranty. During the warranty period, returned items that are broken will be exchanged. Returned items must be accompanied by their original packaging and all associated materials.
      1. Contact ASL customer support for an RMA number by email techsupport@aslab.com.
      2. Ship the Product and/or Accessories to the appropriate addresses printed back to ASL using the original boxes and packing material. Write the RMA number in large, clear characters on the outside of each box you ship. You must include a copy of your packing slip with the returned Product and Accessories to establish proof of purchase. You must also return all disks, cables, and manuals supplied with the Product and Accessories. YOU ARE RESPONSIBLE FOR THE PRODUCT AND ACCESSORIES UNTIL ASL RECEIVES THEM, INCLUDING ALL SHIPPING, HANDLING, AND INSURANCE CHARGES.
    5. FINANCE CHARGE. 1.5% interest per month will be charged for payments beyond the terms stated on the invoice. In addition, if payment is more than 60 days late the Product Limited Warranty, described under section 2, can be voided at ASL's discretion, with or without notice. Returned checks are subject to a $20 NSF fee. Our attorney will process uncollectable checks for the maximum amount allowed by law. This can be as high as 3 times the amount plus attorneys fees.
  2. PRODUCT LIMITED WARRANTY; DISCLAIMER OF WARRANTIES.
    1. DISCLAIMER OF WARRANTIES. THIS LIMITED WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE PRODUCT. ANY IMPLIED WARRANTY IS LIMITED IN DURATION TO THE LIMITED WARRANTY PERIOD DESCRIBED IN SECTION 2(B) BELOW. NO ORAL OR WRITTEN INFORMATION, OR ADVICE GIVEN BY ASL, ITS AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY.

      ANY AND ALL LIABILITY OF ASL UNDER THIS AGREEMENT, (INCLUDING ANY FAILURE OF THE PRODUCT TO BE YEAR 2000 COMPLIANT), IS EXPRESSLY LIMITED TO THE PRICE YOU HAVE PAID FOR THE PRODUCT AND ACCESSORIES. YOUR SOLE REMEDY AGAINST THEM IN ANY DISPUTE UNDER THIS AGREEMENT SHALL BE TO SEEK RECOVERY OF THE AMOUNTS YOU HAVE PAID UPON THE PAYMENT OF WHICH THEY SHALL BE RELEASED FROM AND DISCHARGED OF ALL FURTHER OBLIGATIONS AND LIABILITY TO YOU. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS OR REVENUE, ECONOMIC LOSS, LOSS OF DATA, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, YOUR TIME, THE CLAIMS OF THIRD PARTIES, AND INJURY TO PROPERTY, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, AND EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

      THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. SOME STATES 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.
    2. STATEMENT OF LIMITED WARRANTY. ASL warrants to the end-user that the Product (excluding Accessories) will be free from defects in materials and/or workmanship. Servers and workstation parts are covered for either 2 years or 3 years (depending on the model) from the date of shipment and 1 year for labor. Laptop models parts are covered for 2 years from the date of shipment and 1 year for labor, with the exception for the LCD panel which has a warranty of 1 year. If it's 30 days from the date of the shipment, ASL will, at its option: (1) provide replacement parts necessary to repair the Product, or (2) replace the Product with a comparable Product. Any replacement parts or Products will be new or serviceably used, comparable in function and performance to the original part or Product. Purchasing additional parts or Products from ASL does not extend this warranty period.
    3. SPECIAL ORDERS. Special orders include items such as software, or hardware we do not normally stock. A 20% non-refundable deposit is required to place an order. Once our vendor has shipped a product to us no refund will be possible. Please note there is no return right or exchange available for opened software boxes, unless defective. If a Special Order part is returned because it is broken we will replace it during the warranty period with the same item, or nearest equivalent in the event the item is no longer available. YOU ARE RESPONSIBLE FOR THE ACCESSORIES UNTIL ASL RECEIVES THEM, AND YOU ARE RESPONSIBLE FOR ALL SHIPPING, HANDLING, AND INSURANCE CHARGES.
    4. YEAR 2000 READINESS DISCLOSURE. The Product accessed using an ASL-supplied BIOS will accurately process date data (including, but not limited to calculating, comparing and sequencing dates and calculating leap year) before, during, and after the calendar year 2000 A.D. when used in accordance with its product documentation and provided all other products used in combination with the Product properly exchange data with it.
    5. EXCLUSIONS. THIS LIMITED WARRANTY COVERS NORMAL USE. ASL DOES NOT WARRANT AND IS NOT RESPONSIBLE FOR:
      1. DAMAGE CAUSED BY FAILURE TO PROVIDE A SUITABLE INSTALLATION OR OPERATING ENVIRONMENT FOR THE PRODUCT AND/OR ACCESSORIES;
      2. DAMAGE DURING SHIPMENT, OTHER THAN ORIGINAL SHIPMENT TO THE CLIENT;
      3. DAMAGE CAUSED BY IMPACT WITH OTHER OBJECTS, DROPPING, FALLS, SPILLED LIQUIDS, OR IMMERSION IN LIQUIDS;
      4. DAMAGE CAUSED BY A POWER SURGE OR A DISASTER SUCH AS FIRE, FLOOD, WIND, EARTHQUAKE, OR LIGHTNING;
      5. DAMAGE CAUSED BY UNAUTHORIZED ATTACHMENTS, ALTERATIONS, MODIFICATIONS OR FOREIGN OBJECTS;
      6. DAMAGE CAUSED BY THE USE OF THE PRODUCT OR ACCESSORIES FOR PURPOSES OTHER THAN THOSE FOR WHICH THEY ARE CUSTOMARILY USED;
      7. DAMAGE FROM IMPROPER INSTALLATION OR MAINTENANCE;
      8. DAMAGE CAUSED BY ANY OTHER ABUSE, MISUSE, MISHANDLING, OR MISAPPLICATION;
      9. CONSUMABLE PRODUCTS;
      10. ACCESSORIES OR OTHER PRODUCTS OR SERVICES OF COMPANIES OTHER THAN ASL;
      11. DAMAGE CAUSED BY PROGRAMS, DATA, VIRUSES, OR OTHER FILES;
      12. DAMAGE RESULTING FROM YOUR FAILURE TO BACK-UP YOUR DATA OR OTHER FILES; OR
      13. YEAR 2000 PROBLEMS CAUSED BY NON-ASL PRODUCTS, SOFTWARE, OR ACCESSORIES.
  3. OBTAINING WARRANTY SERVICE. To obtain service under this limited warranty, you must contact ASL Technical Support. You may contact ASL Technical Support via email (techsupport@aslab.com) or telephone (510 249-5910). ASL Technical Support personnel will work to resolve issues professionally and quickly. However, you must reasonably assist ASL in providing technical support services. Procedures for handling parts and replacements are outlined below. Warranty service may be denied or limited if your account is not in good standing, including outstanding debt for replacement parts not returned to ASL. If you choose to contact ASL in writing, send your request for warranty service to the following address:

    ASL, Inc.
    Attn: RMA #
    46731 Fremont Blvd
    Fremont, CA 94538

    Whether you are obtaining replacement parts, having repairs, or returning the entire Product and Accessories for a replacement, the following procedures must be followed. FAILURE TO FOLLOW THE PROCEDURES SET OUT IN THIS SECTION MAY RESULT IN DELAYS IN THE REPLACEMENT OF PARTS, REPAIR, OR REPLACEMENT OF YOUR PRODUCT, OR MAY RESULT IN ADDITIONAL CHARGES TO YOUR ACCOUNT. ASL RESERVES THE RIGHT TO REFUSE TO ACCEPT PRODUCTS WHERE THESE PROCEDURES ARE NOT FOLLOWED.
    1. If the technician decides that ASL will replace part(s) or Product, he or she will issue an RMA number via Email. FOR ADVANCED REPLACEMENT, YOU MUST RETURN THE DEFECTIVE PART(S) OR PRODUCT UNLESS YOU ARE AUTHORIZED IN WRITING BY ASL TO RETAIN OR DISPOSE OF THE PART(S) OR PRODUCT. IF YOU FAIL TO RETURN THE DEFECTIVE PART(S) OR PRODUCT WITHIN SEVEN (7) DAYS OF RECEIPT OF THE RMA KIT, YOU WILL BE RESPONSIBLE FOR THE ORIGINAL SALES VALUE OF THE REPLACEMENT PART(S) OR PRODUCT.
    2. If your technician decides that ASL will repair part(s) or Product, he or she will issue an RMA number via Email. When sending the part(s) or Product back for service, please reference the RMA number on the shipping label.
    3. Back up all files before returning the Product and/or Accessories for repair or replacement. ASL recommends that you have an external back-up system at all times to reconstruct lost or altered files, data, or programs. ASL IS NOT RESPONSIBLE FOR ANY LOSS OF YOUR DATA.
    4. You acknowledge and agree that the diagnostic or repair Services of ASL are provided without any obligation of confidentiality or non-disclosure on the part of ASL. You are advised to delete or otherwise remove from the Product, prior to delivering the Product to ASL, any files or data you consider private, confidential or proprietary. You understand and agree that a failure to delete or otherwise remove such files or data shall constitute your waiver of any privacy, confidentiality or proprietary rights with respect to such files or data.
    5. Return any Product or Accessories in the original packing materials, or if these are not available, other suitable packing materials to prevent further damage. Write the RMA number in large, clear characters on the outside of each box you ship. FAILURE TO INCLUDE THE RMA NUMBER MAY RESULT IN DELAYS.
    6. FOR YOUR PROTECTION, INSURE THE SHIPMENT FOR FULL REPLACEMENT VALUE. YOU ARE RESPONSIBLE FOR ANY DAMAGE TO THE PRODUCT OR ACCESSORIES THAT OCCURS DURING SHIPMENT TO ASL.
    7. WITH REGARD TO REPAIRS, REPLACEMENT PARTS OR PRODUCT REPLACEMENTS, ASL IS NOT RESPONSIBLE FOR DAMAGE CAUSED BY ANY OF THE CONDITIONS LISTED IN PARAGRAPH 2.E, "EXCLUSIONS."
    8. For out of warranty service, customers pay for all shipping costs. For in warranty service, ASL pays for one way shipping while customers pay the other way. This includes advance replacement.
  4. INTERNATIONAL CLIENTS.The limited warranty is the same for clients who are located outside of the United States, except as stated in this paragraph. On all orders for replacement parts or Product, you must pay for the replacement parts or Product and shipping and handling costs before ASL will ship the replacement parts or Product. ASL will refund the cost of the replacement parts or Product when you return the defective parts or Product to ASL. Shipping and handling charges are not refundable. ASL IS ALSO NOT RESPONSIBLE FOR ANY CUSTOMS FEES, TAXES, OR VAT THAT MAY BE DUE. YOU ARE RESPONSIBLE FOR THESE CHARGES, EVEN IF YOU REFUSE DELIVERY OF THE PRODUCT. ON ALL ORDERS FOR SERVICE, YOU ARE RESPONSIBLE FOR SHIPPING, HANDLING, AND INSURANCE CHARGES TO AND FROM ASL, CUSTOMS FEES, TAXES, OR VAT THAT MAY BE DUE.