HPE RENEW - AMERICAS            
PARTNER SALES  
 
Set forth below are the terms and conditions of sale, return policies and limited warranties applicable to Products purchased from HPE through the HPE RENEW program.    
1.        TERMS AND CONDITIONS OF SALE  
In addition to the terms and conditions of the HPE U.S. Business Development Agreement and any applicable Addenda controlling Business Development Partner’s purchase and resale of Products, the following terms and conditions shall also apply to Business Development Partner’s purchase and resale of Products purchased through the HPE RENEW program only.  All capitalized terms used but not defined herein shall have the meaning assigned to such terms in the HPE U.S. Business Development Partner Agreement Definitions Addendum.  
A.       Products purchased from HPE through the HPE RENEW program are classified as New Products, Excess New Products, Refurbished Products, As Is Products or Third Party Products.  
1.        “New Products” are Products that have not been used.  
2.        “Excess New Products” are Products that have not been previously used but may have been returned to HPE due to the following reasons, including but not limited to: ordering errors, shipment errors, and stock adjustments.  
3.        “Refurbished Products” are Products that are clearly identified by HPE as used, used but equivalent to new, repaired, refurbished or remanufactured, and made available to authorized Business Development Partners for the purchase and resale to Customers only.  ‘Equivalent to new parts’ are previously used parts that have been inspected, refurbished as necessary, and determined to be equivalent to new in appearance, revision level, performance and reliability to corresponding parts.  
4.         “As Is Products” are Products that may be purchased by Business Development Partner without any warranty, expressed or implied, from HPE and without eligibility for returns, refunds, price protection, exchanges, and program or promotional benefits.
B.       Business Development Partner shall advertise and represent Refurbished Products as "Refurbished" to Customers.  
C.       Refurbished Products sold through the HPE RENEW program are not eligible for returns or refunds.  
D.       No returns are allowed and no warranties are provided on As Is Products.  No refunds or exchanges are provided on As Is Products. As Is Products are sold as is, where is, and with all faults and without any warranties, expressed or implied.  
E.        Price protection is not provided on Products purchased through the HPE RENEW program.  HPE may change Product prices and discounts at any time and without notice and such changes shall become effective on the date posted in the HPE price list.  Payment is due thirty (30) days from HPE's invoice date.  Prices are exclusive of applicable taxes.  Business Development Partner will pay applicable taxes unless Business Development Partner provides HPE a standard tax exemption certificate.  
F.        HPE shall not be liable for technical, pictorial or editorial errors or omissions in communications to Business Development Partner.  
2.        RETURN AND LIMITED WARRANTY POLICIES  
A.       IMPORTANT NOTE: Products purchased from HPE through the HPE RENEW program are classified as New Products, Excess New Products, Refurbished Products, or As Is Products. Different return policies and limited warranty policies apply to these different classifications.  For the limited warranty duration, please refer to the Limited Warranty Booklet included inside the Product packaging.  Products purchased from HPE through the HPE RENEW Services program in factory-sealed boxes are considered Refurbished unless otherwise noted. There may be Products from different classifications listed on the same invoice. The return and warranty policies for each of the different classifications are described below. These return policies and limited warranty policies override and replace any contrary return or limited warranty policies contained in any documentation accompanying the Product(s).  
B.       THE LIMITED WARRANTY FOR NEW PRODUCTS, EXCESS NEW PRODUCTS AND REFURBISHED PRODUCTS MAY BE VALID WITHIN THE UNITED STATES ONLY. SOFTWARE IS NOT COVERED UNDER ANY OF THE WARRANTIES DESCRIBED HEREIN.    
C.       DISCLAIMER AND LIMITATION OF WARRANTIES  
EXCEPT AS EXPRESSLY SET FORTH HEREIN AND IN ANY HPE LIMITED WARRANTY STATEMENT THAT ACCOMPANIES THE PRODUCTS PURCHASED BY BUSINESS DEVELOPMENT PARTNER, HPE AND HPE RENEW MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HPE EXPRESSLY DISCLAIMS ALL WARRANTIES NOT STATED IN THE LIMITED WARRANTY. TO THE EXTENT HPE AND HPE RENEW CANNOT BY LAW DISCLAIM ANY IMPLIED WARRANTIES, HPE AND HPE RENEW HEREBY LIMIT IN DURATION ANY SUCH IMPLIED WARRANTIES TO THE LIMITED WARRANTY PERIOD. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THIS LIMITATION MAY NOT APPLY TO YOU.  
D.       LIMITED WARRANTY FOR NEW PRODUCTS, EXCESS NEW PRODUCTS AND REFURBISHED PRODUCTS  
1.        HPE warrants that New, Excess New and Refurbished Hardware Products sold through the HPE RENEW program are free from defects in materials or workmanship under normal use during the limited warranty period.
2.        Scratches, dents, adhesive marks and overall external appearance on Refurbished Products are deemed not to be defects in workmanship and are not covered under the warranty.
3.        New Products and Excess New Products carry the original manufacturer's limited warranty.  This limited warranty excludes expendable parts.
4.        The warranty period and additional information for Products classified as Refurbished Products is available with such Refurbished Products or upon request.  
5.        New Products, Excess New Products and Refurbished Products purchased from HPE will receive the standard warranty in the country of purchase.  If Customer moves such Products to another country where HPE has Support presence for US Refurbished Products, then Customer will receive the destination country standard warranty.
6.        If the End User purchased Products from HPE and such End User transfers such Products to another user, warranty service is available to that user for the remainder of the warranty period.
7.        The limited warranty period commences on the date of purchase. Business Development Partner’s sales receipt, showing the date of purchase of the New Products, Excess New Products and/or Refurbished Hardware Product, is Business Development Partner’s proof of the date of purchase.  When Products are resold by Business Development Partner, the limited warranty, if any, is transferred to the End User at the time of sale.
8.        HPE does not warrant that the operation of Products will be uninterrupted or error free.
9.        During the limited warranty period, HPE will, at no additional charge, repair defective parts with new parts or, at the option of HPE, serviceable used parts that are equivalent or superior to new parts in performance. All exchanged parts and Products replaced under this warranty will become property of HPE. If HPE is unable, within a reasonable time, to repair, replace or correct a defect or non-conformance in a Product to a condition as warranted, Customer will be entitled to a) a replacement product with a comparable product or (2) a refund of the purchase price upon prompt return of the Product to HPE.  Customer will pay expenses for return of such Products to HPE.  HPE will pay expenses for shipment of repaired or replacement Products.
10.     The above limited warranties do not apply to defects resulting from:  improper or inadequate maintenance by Customer; Customer or third party supplied software, interfacing or supplies; unauthorized modification; improper use or operation outside of the Specifications for the Product; abuse, negligence, accident, loss or damage in transit; improper site preparation; or unauthorized maintenance or repair.
E.        RETURN POLICY FOR NEW PRODUCTS, EXCESS NEW PRODUCTS AND REFURBISHED PRODUCTS:  New Products, Excess New Products and Refurbished Hardware Products sold through the HPE Remarketing Services program are not eligible for returns or refunds unless the product is: 1) Damaged in shipment; 2) Missing component(s);  3) Wrong product received due to HPE ordering error; 4) Defective On Arrival (DOA).
F.        RETURN POLICY FOR THIRD PARTY PRODUCTS:  Business Development Partner may return Third Party Products for a full refund within the first ten (10) days after the date such Third Party Products are delivered or picked-up by Business Development Partner. To return Third Party Products, Business Development Partner must first call a HPE RENEW Representative at 1-888-473-6394 to obtain a Return Merchandise Authorization number.  Software may be returned only if the sealed package containing the diskettes or CD-ROM is unopened.  Returned Products must be in "as new" resalable condition and all manuals, diskettes, power cords and other items included with a product must be returned with it.  Business Development Partner’s failure to comply with the foregoing could result in an over goods charge from third-party vendor.  Other restocking charges from vendor may apply.
3.        WARRANTY POLICY FOR THIRD PARTY PRODUCTS
A.       HPE does not warranty any Third Party Products or Support even if included with other Products or Support.  Furthermore, HPE provides all such Third Party Products and Support As Is.  However, the original manufacturers of suppliers may provide their own warranties as specified in the documentation accompanying such Third Party Products and Support.
THE ABOVE LIMITED WARRANTIES ARE VALID ONLY WITHIN THE UNITED STATES.
B.       As Is PRODUCTS:  No returns are allowed and no warranties are provided on As Is Products. No refunds or exchanges are provided on As Is Products. As Is Products are sold as is, where is, and with all faults and without any warranties, expressed or implied.  Any and all Third Party Products are As Is Products.
4.        GENERAL REQUIREMENTS AND CONDITIONS
A.       Proper authorization is required for all exchanges and limited warranty repairs.  The original sales invoice must accompany all exchanges and limited warranty repairs.  An HPE RENEW Representative must approve all exchanges.  None of the limited warranties described herein cover damage due to external causes, including accident, problems with electrical power, power surges, servicing not authorized by HPE, usage not in accordance with Product instructions, Customer installed software and hardware, failure to perform required preventive maintenance, abuse and misuse.
B.       HPE’S RESPONSIBILITY FOR MALFUNCTIONS AND DEFECTS OF HARDWARE AND ACCESSORIES IS LIMITED TO REPAIR, REPLACEMENT AND REFUND AS SET FORTH ABOVE.  THESE WARRANTIES GIVE BUSINESS DEVELOPMENT PARTNER SPECIFIC LEGAL RIGHTS AND BUSINESS DEVELOPMENT PARTNER MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. HPE IS NOT LIABLE FOR ANY DAMAGES CAUSED BY THE PRODUCT OR THE FAILURE OF THE PRODUCT TO PERFORM, INCLUDING ANY LOST PROFITS, LOST SAVINGS, INCIDENTAL DAMAGES, OR CONSEQUENTIAL DAMAGES.  HPE IS NOT LIABLE FOR ANY CLAIM MADE BY A THIRD PARTY OR MADE BY BUSINESS DEVELOPMENT PARTNER FOR A THIRD PARTY.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
C.       CLAIMS
Claims for freight shortages and damages must be made within twenty-four (24) hours of receipt.  In case of shipping damage, please have carrier note damage on Proof Of Delivery label . Please send the damaged merchandise using the original packaging materials and the original shipping carton. Partner must sign for damaged product at the time of delivery. Once damage is reported, an HPE RENEW Representative will enter the damage report into HPE’s issues tracking (CRS) database and begin the RMA process.  Carriers reserve the right to conduct an on-site inspection of damaged product. If the carrier is not allowed to inspect the damaged product AT THE DELIVERY DESTINATION, a claim cannot be filed and the HPE RENEW Partner will not be reimbursed for losses associated with carrier damage or shortages. Carriers require an on-site inspection of concealed damage.
D.    NOTICES
1.        Notices or questions regarding the Products purchased through the HPE RENEW program shall be sent to:  Hewlett-Packard Company, Attn: HPE RENEW Customer Services, 20555 SH 249, Mail Code 070810, Houston, Texas  77070, or telephone number 1-888-473-6394 or fax number  281-518-1081.  All notices regarding terms and conditions of the HPE U.S. Business Development Partner Agreement or the terms and conditions set forth herein shall be sent to HPE at the address indicated in Section 24.C of the HPE U.S. Business Development Partner Agreement.
Link back to PRICE LIST