HPE RENEW - AMERICAS |
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PARTNER SALES |
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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. |
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1.
TERMS AND CONDITIONS OF SALE |
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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. |
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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. |
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1.
“New Products” are Products that have not been
used. |
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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. |
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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. |
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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. |
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B.
Business Development Partner shall advertise and
represent Refurbished Products as "Refurbished" to Customers. |
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C.
Refurbished Products sold through the HPE RENEW program are not eligible for
returns or refunds. |
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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. |
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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. |
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F.
HPE shall not be liable for technical, pictorial or editorial errors or
omissions in communications to Business Development
Partner. |
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2.
RETURN AND LIMITED WARRANTY POLICIES |
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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). |
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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. |
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C.
DISCLAIMER AND LIMITATION OF WARRANTIES |
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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. |
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D.
LIMITED WARRANTY FOR NEW PRODUCTS, EXCESS NEW
PRODUCTS AND REFURBISHED PRODUCTS |
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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. |
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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. |
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3. New Products and Excess New Products carry the original
manufacturer's limited warranty. This
limited warranty excludes expendable parts. |
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4. The warranty period and additional information for Products
classified as Refurbished Products is available with such Refurbished
Products or upon request. |
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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. |
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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. |
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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. |
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8.
HPE does not warrant that the operation of Products will be uninterrupted or
error free. |
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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. |
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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. |
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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). |
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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. |
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3.
WARRANTY POLICY FOR THIRD PARTY PRODUCTS |
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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. |
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THE ABOVE LIMITED WARRANTIES
ARE VALID ONLY WITHIN THE UNITED STATES. |
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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. |
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4.
GENERAL REQUIREMENTS AND CONDITIONS |
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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. |
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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 |
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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. |
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D. NOTICES |
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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. |
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Link back to PRICE
LIST |
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