workmanship; (e) serial number has been removed or defaced from Product, resulting in not able to identify; (f) has been
damaged or out of order because Customer fails to implement any correction, modification, enhancement, improvement or
other update made available to Customer by Synology, or because Customer implements, installs or uses any correction,
modification, enhancement, improvement or other update made available by any third party; (g) has been damaged, out-of-
order, or incompatible due to installation or use with items not provided by Synology other than the hardware, software or
other accessory for which the Product is designed.
Please note that each of the above situations shall be subject to the inspection and verification of the product’s appearance
and functions by Synology.
3.3 Warranty Support and Exclusive Remedy.
If Customer gives notice of noncompliance with any of the warranties set
forth in Section 3.1 within the applicable Warranty Period in the manner set forth below, then, upon verification of the
noncompliance by Synology, Synology will, at Synology's option: (a) use commercially reasonable efforts to repair the
Product, (b) provide technical support, or (c) replace the noncomplying Product or part thereof upon return of the complete
Product in accordance with Section 3.4 The foregoing sets forth Synology's entire liability and Customer's sole and
exclusive remedy for any breach of warranty under Section 3.1 or any other defect or deficiency in the Product. Customer
will reasonably assist Synology to diagnose and validate any nonconformity with the Product. Please note that the warranty
support does not apply to rescue of the data stored in Synology Product or its backup. Customer shall make a backup copy
of the stored data before it returns the Product to Synology, Synology may weed up all information or data in the Product
while it performs the warranty services and shall not be responsible or liable for any data loss therein.
3.4 Return.
Any Product return by Customer under Section 3.3 must be made in accordance with Synology's then-current
return procedures with the purchase receipt or invoice. You may see more information about the return procedure at
How
do I make a warranty claim for my Synology product?
For warranty claims, the Customer must return the complete Product
to Synology in accordance with this Section 3.4. Any returned Product that (a) has been disassembled (except under the
direction of Synology); or (b) serial number has been removed or defaced from Product, resulting in not able to identify, or
(c) was damaged on the way of return due to improper packaging (including but not limited to scratches and deformation),
will be refused and returned to Customer at Customer's expense. Any Product must be returned in the same condition as it
was received from Synology to the address designated by Synology, freight pre-paid, in packaging sufficient to protect the
contents thereof. Customer is responsible for insurance and risk of loss/damage with respect to returned items until they
are properly received by Synology.
3.5 Replacement of New Product or Refurbished Product by Synology.
If Synology elects to replace any Product under this
Warranty set forth in Section 3.1, then Synology will ship a replacement Product at Synology's expense via the shipping
method selected by Synology after receipt of the nonconforming Product returned in accordance with Section 3.4 and
validation by Synology that the Product does not conform to the warranty. Before the shipment of the Refurbished Product
to the Customers, they have been verified to strictly comply with Synology's quality standard. Please note that part of the
Refurbished Products would be with certain stain, scratches, or other minor wear and tear. In some countries, Synology
may at its own discretion apply the Synology Replacement Service to certain Products, through which Synology will ship a
replacement Product to Customer before its receipt of the nonconforming Product returned by Customer ("Synology
Replacement Service").
3.6 Disclaimer of Warranties.
THE WARRANTIES, OBLIGATIONS, AND LIABILITIES OF SYNOLOGY AND THE
REMEDIES OF CUSTOMER SET FORTH IN THIS WARRANTY ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND
CUSTOMER HEREBY WAIVES, RELEASES AND DISCLAIMS, ALL OTHER WARRANTIES, OBLIGATIONS AND
LIABILITIES OF SYNOLOGY AND ALL OTHER RIGHTS, CLAIMS AND REMEDIES OF CUSTOMER AGAINST
SYNOLOGY, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE PRODUCT,
ACCOMPANYING DOCUMENTATION OR SOFTWARE AND ANY OTHER GOODS OR SERVICES DELIVERED UNDER
THIS WARRANTY, INCLUDING, BUT NOT LIMITED TO ANY: (A) IMPLIED WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE OR USE; (B) IMPLIED WARRANTY ARISING FROM COURSE OF
PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE; (C) CLAIM OF INFRINGEMENT OR
MISAPPROPRIATION; OR (D) CLAIM IN TORT (WHETHER BASED ON NEGLIGENCE, STRICT LIABILITY, PRODUCT
LIABILITY OR OTHER THEORY). SYNOLOGY MAKES NO GUARANTEE AND SPECIFICALLY DISCLAIMS ANY
WARRANTY THAT THE DATA OR INFORMATION STORED ON ANY SYNOLOGY PRODUCT WILL BE SECURE AND
WITHOUT RISK OF DATA LOSS. SYNOLOGY RECOMMENDS THAT CUSTOMER TAKES APPROPRIATE MEASURES
TO BACK UP THE DATA STORED ON THE PRODUCT. SOME STATES/JURISDICTIONS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO CUSTOMER.
Section 4. Limitations of Liability
4.1 Force Majeure.
Synology will not be liable for, or be considered to be in breach of or default under this Warranty on
account of, any delay or failure to perform as required by this Warranty as a result of any cause or condition beyond its
reasonable control (including, without limitation, any act or failure to act by Customer).
4.2 Disclaimer of Certain Damages.
IN NO EVENT WILL SYNOLOGY OR ITS SUPPLIERS BE LIABLE FOR THE COST
OF COVER OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES
OR LIABILITIES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO LOSS OF DATA, INFORMATION, REVENUE,
