Non-Transferable Hardware Agreement

1. Introduction

This non-transferable hardware agreement (“Agreement”) is between the original customer (“Customer” or “you”) and Blancco Group Affiliate that is contracting with you as indicated in the relevant purchase order or invoice (“Blancco”) and begins upon the date of original purchase as evidenced by your packing slip or invoice. These Terms also govern the procurement, use, and support of third-party hardware products supplied by third-party vendors through Blancco. By purchasing or using Blancco or third-party hardware, you agree to comply with these Terms.

2. Definitions

2.1 Product: Hardware Product(s) procured from Vendor and /or assembled by Blancco and purchased by the Customer as indicated in the purchase order or invoice.

2.2 Customer: The individual or entity purchasing or using the Hardware.

2.3 Vendor: The third-party supplier of hardware products.

2.4 RMA (Return Merchandise Authorization): The process by which defective or faulty hardware can be returned for repair or replacement.

3. Purchase and Delivery

3.1 Orders: All orders for hardware must be placed through Blancco’s official channels. Blancco acts as an intermediary between the Customer and the Vendor.

3.2 Payment: Payment terms are as specified in the invoice. The Customer shall make the payment in full for the three-year limited hardware warranty at the time of original purchase. Blancco reserves the right to withhold delivery until full payment is received.

3.3 Delivery: In the event the Vendor is responsible for the delivery, Blancco will facilitate the delivery of third-party hardware in accordance with the Vendor’s availability and shipping terms. In the event Blancco is responsible for the delivery, Blancco will facilitate the delivery of hardware in accordance with the Blancco’s availability and shipping terms. Delivery timelines in both scenarios are estimates and are subject to the respective schedules of Vendor and Blancco.

4. Ownership and Risk

4.1 Title Transfer: Ownership of the Hardware transfers to the Customer upon full payment to Blancco.

4.2 Risk of Loss: The risk of loss or damage transfers to the Customer upon delivery of the Hardware by the Vendor.

5. Warranty

5.1 Warranty Period: The warranty provided under this Agreement shall be valid for a period of three (3) years (“Limited Hardware Warranty”) from the date of original purchase as set out in the applicable Quote, Purchase Order or SOW. No additional warranty extensions will be granted beyond this three-year period.

5.2 Vendor Warranty: The Product is covered under the Vendor’s warranty. The warranty period and terms are determined by the Vendor and are provided to the Customer at the time of purchase as set out within the applicable Quote, Purchase Order or SOW.

5.3 What is Covered: The Limited Hardware Warranty covers defects in materials and workmanship in the Products. Blancco will make hardware replacements for components that fail, such as memory, motherboard, power supply and network card due to no fault of Customer.

5.4 What is Not Covered: The Limited Hardware Warranty does not cover:

1. Non-Blancco branded Products and accessories.
2. Problems resulting from normal wear and tear, misuse and unauthorized repair.
3. Damage due to external causes like accidents, misuse or power issues.
4. Using non-Blancco supplied parts or accessories.
5. Expendable parts like cables, adapters or connectors due to wear and tear.
6. Loss or damage in transit.
7. Theft, rust, corrosion or negligence.

6. Return and Exchange Policy

6.1 Return Authorization: All returns must be authorized through Blancco or the Vendor’s RMA process. Unauthorized returns shall not be accepted.

6.2 Conditions for Return: The Hardware must be returned in its original packing in like-new condition for all accessories and documentation included.

6.3 Restocking Fee: A restocking fee may apply for non-defective returns, subject to Vendor’s policy

7. Technical Support and Maintenance

7.1 Vendor Support: The Vendor is responsible for providing technical support, maintenance and repair services during the Limited Hardware Warranty Period. Blancco will assist in facilitating communication between Customer and the Vendor necessary.

7.2 Blancco Repairs: Blancco will perform major warranty repairs, including the replacement of motherboard assembly, at Blancco’s facilities. The Customer is responsible for shipping the product to Blancco and may be requested to perform minor repairs at their facility.

8. Liability

8.1 Limitation of Liability: Blancco’s liability for any claims related to the Product is limited to the amount paid by the Customer. Blancco is not liable for any indirect, incidental or consequential damages.

8.2 Indemnification: The Customer agrees to indemnify and hold Blancco harmless from any claims, damages or losses arising from the use of the Product.

9. Material Return

RMA Number: Any Product returned to Blancco must be accompanied by an RMA number, obtained from Blancco Technical Support. Returned materials must be properly packed to avoid in-transit damage.

10. Governing Law and Jurisdiction

This Agreement shall be interpreted and governed by the laws of the country where Blancco is incorporated, without regard to conflict of law principles. All rights, duties and obligations are subject to the competent courts of that country.

11. Amendments

Blancco reserves the right to amend these Terms at time. Any change will be effective immediately upon posting on Blancco’s website or notification to the Customer.

12. Acceptance of Terms

By purchasing or using Hardware, the Customer acknowledges that they have read, understood and agreed to the Terms and any applicable terms provided by the Vendor.