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Aquantia® Limited Warranty
Aquantia provides a non-transferable warranty to the purchaser of an Aquantia hardware product purchased from an authorized Aquantia reseller on or after March 1, 2018 (the “Product”) under the terms of this Limited Warranty.
Aquantia warrants the Product, under normal use, will operate substantially in accordance with Aquantia’s published technical specifications, as specified by the Product datasheet, and in the specified operating environment, for the length of the warranty period specified below commencing on the date of purchase (the “Warranty Period”).
In addition to other exclusions below, this Limited Warranty does not cover any software applications or programs or any non-Aquantia products, including non-Aquantia branded peripherals.
Except where prohibited by applicable local law, this Limited Warranty is limited to the original purchaser and is non-transferable.
If, during the Warranty Period, the Product is not operating in accordance with its published technical specifications, Aquantia’s entire liability and your exclusive remedy is at Aquantia’s discretion: 1) to repair or replace the Product at Aquantia’s expense, or 2) to refund the price paid less a usage fee of 10% of the purchase price for each year since the date of purchase. This warranty obligation is conditioned upon your compliance with How to Make A Warranty Claim below. Aquantia may, at its sole discretion, repair the Product returned to Aquantia, provide new or equivalent-to-new refurbished parts in good working condition, or may substitute a product having similar function and capacity. Returned Products that are replaced become Aquantia’s property.
Any repaired or replacement Product will be warranted for the greater of (a) the remainder of the original warranty period, (b) thirty (30) days, or (c) the period of time required by local statute.
Aquantia does not warrant that operation of the Product will be uninterrupted or error-free, or that all defects will be corrected. In addition, this Limited Warranty does not cover problems or damage resulting from any of the following:
- Wear and tear associated with normal use
- Any modification, abuse, accident, disassembly, misapplication, or unauthorized repair
- Any improper operation, including any use not in accordance with any supplied Product instructions
- Connection to any improper voltage supply
- Use of consumables, such as replacement batteries, except where such restriction is prohibited by applicable local law
- Any other cause which does not relate to a Product defect in materials or workmanship
This Limited Warranty is voided as to any Product whose manufacturer label(s) or sticker(s) have been removed or defaced.
Also excluded from this Limited Warranty are any products that Aquantia, in its sole discretion, determines were not manufactured by Aquantia or any of its authorized manufacturing partners.
Products Purchased Prior to March 1, 2018
For the Aquantia limited warranty for Aquantia hardware products purchased prior to March 1, 2018, please contact Aquantia Customer Support at AQN_support@aquantia.com.
Limitation of Liability
AQUANTIA’S OBLIGATIONS AND LIABILITY SHALL BE LIMITED TO REPAIR, OR REPLACEMENT, AS PROVIDED IN THIS LIMITED WARRANTY, WHICH ARE YOUR EXCLUSIVE REMEDIES FOR BREACH OF THIS LIMITED WARRANTY.
OTHER THAN THE FOREGOING, AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, AQUANTIA SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, OR DATA (WHETHER DIRECT OR INDIRECT) OR COMMERCIAL LOSS FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY ON THE PRODUCT EVEN IF AQUANTIA HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES. For avoidance of doubt, Aquantia will not be liable for your costs associated with removal or replacement of the Product.
Some local laws do not allow the exclusion or limitation of special, indirect, incidental or consequential damages, so this limitation or exclusion may not apply in your jurisdiction.
Exclusion of Implied Warranties
EXCEPT AS PROHIBITED BY APPLICABLE LAW, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ON THIS PRODUCT IS EXPRESSLY DISCLAIMED. If any warranties or conditions are implied by applicable law, such warranties and conditions are limited to the duration of the Warranty Period. Some local laws do not allow limitations on how long an implied warranty may last, so this limitation may not apply in your jurisdiction.
No Other Warranties
No Aquantia employee, dealer, or other agent is authorized to make any modification, extension, or addition to this Limited Warranty.
This Limited Warranty provides you with specific legal rights, and you may have additional rights that vary from state to state or by jurisdiction. Nothing in this Limited Warranty affects any statutory rights of consumers that cannot be limited by contract.
If any term of this Limited Warranty is prohibited under local law, it shall be deemed null and void, but all other terms of this Limited Warranty remain in full force and effect so long as the allocation of risk under this Limited Warranty is not materially altered.
This Limited Warranty shall be governed by and construed in accordance with the laws of the State of California, exclusive of its conflicts of laws principles. In the event of any dispute or claim between Aquantia and you arising from this Limited Warranty, you consent to the exclusive jurisdiction and venue in the federal and state courts located in and serving San Jose, CA. If the foregoing consent is not valid under applicable law, then you agree to binding arbitration conducted by the American Arbitration Association (AAA) under its rules, including its Supplementary Procedures for Consumer-Related Disputes. Any dispute resolution proceedings will be conducted and resolved on an individual basis, and not in a class, consolidated or representative action. However, any action to enjoin infringement or other misuse of intellectual property rights may be brought in any appropriate court.
Aquantia and you expressly agree that the United Nations Conventions on Contracts for the International Sale of Goods is specifically excluded from this Limited Warranty.
How to Make a Warranty Claim
Before submitting a warranty claim, we suggest you contact Aquantia’s technical support group at AQN_support@aquantia.com or visit https://www.aquantia.com/NICs/FAQ and review the support section for technical assistance. A simple fix for your problem may be found there.
Valid warranty claims should be processed through your point of purchase during the first thirty (30) days after purchase. This period may vary depending on where you purchased your Product; please verify the return policy with the retailer where you purchased your Product. Any warranty claims that cannot be processed through your original point of purchase should be addressed directly to Aquantia.
Returning Your Product
In the event that you need to return your Products for repair or replacement, Aquantia will provide you with a Return Merchandise Authorization Number (RMA#) as well as return instructions. Do not return your Product without prior approval from Aquantia. Any Product returned without a valid, unique RMA# will be refused and returned to the sender at the sender’s expense. To avoid problems at the time of receipt, clearly, write your RMA# on the outside of the package and include a copy of your RMA confirmation e-mail within the package. Unless prohibited by applicable law, costs associated with return for warranty service (including packaging) will be at your expense.
Request a Return Material Authorization Number (RMA#)
Please follow the applicable steps below to obtain an RMA number:
A valid proof of purchase is required for RMA processing (i.e. receipt, invoice, a copy of credit card statement).
To request an Express or Advanced RMA, a valid credit card must be provided to secure the new replacement unit for shipping prior to Aquantia receiving the defective unit.
RMA credit value is based on the current published price list or lowest invoice value within 90 days of the day of the claim, whichever is lower.
RMA Return Addresses
We have multiple RMA receiving locations worldwide. Your RMA confirmation will specify the specific return address you must use when sending your RMA package. This will be your standard return location and should not be changed without prior approval from Aquantia. Any packages received at an unauthorized location may be refused and returned to the sender at the sender’s expense.
Products Lost or Damaged During Transit
The original packaging material should be used to pack the Product for return; if the original packaging is not available, you should use packing materials that provide the same or greater protection to the Product. All packages that arrive with any external damage or appear inadequately packed will be refused and returned to the sender at the sender’s expense. Aquantia is not responsible for damage incurred during shipping to our RMA receiving locations.
You should select a return shipping method that provides tracking information. Aquantia is not responsible for lost or misdirected packages.
Aquantia will perform a visual inspection of the package before acceptance to ensure there was no visible damage during transit which could affect the Product being returned.
All Products received go through individual visual inspection to ensure the products are genuine Aquantia products with all applicable labels intact and free of physical damage/abuse.
We also confirm the RMA#, which should be noted on the outside of the package.
Packages with damage or that do not have a valid, unique RMA# clearly marked on the exterior will be returned to sender at the sender’s expense.
Products that are not covered by the Limited Warranty, including Products with respect to which the warranty exclusions listed above apply, will be returned to sender at the sender’s expense.
After satisfactory inspection, the Product will be confirmed as received, and processing will begin.
Typical Processing Times:
1 to 2 business days for your replacement to be processed or for a credit to be applied to your account.
3 to 5 business days for your replacement to be shipped and delivered.
14 business days for a check to be mailed to you.
Consumers who obtained an RMA# using our online RMA process will receive automatic e-mail updates throughout the RMA process.
Aquantia Warranty Periods
Effective March 1, 2018, the following warranty periods apply:
Aquantia® Ethernet Adapters have a 2-year warranty