Mellanox MCX4121A-ACUT

In addition to the statutory warranty rights, we offer our customers a warranty for our products under the following warranty conditions.

This warranty is a voluntary service provided by us. The statutory warranty rights apply independently of this warranty and are not restricted by this warranty.

Warrantor:

IT4Trade GmbH
Helmstedter Chaussee 39a
39130 Magdeburg
Germany

1. Content of the warranty service

1.1. The warranty promise applies exclusively to goods for which a warranty was stated at the time of purchase („product“)

1.2. If a defect occurs during the warranty period („warranty case“), we will, at our option, either replace the defective product at our expense or repair it free of charge or refund the purchase price. Repairs and/or replacement of defective parts under warranty may be made with functionally equivalent replacement parts. Replaced devices become our property.

1.3. The warranty is not transferable.

1.4. In the event of a warranty claim, we shall collect the goods from the customer. We shall bear the full transport costs insofar as the customer has its registered office within Germany or specifies a shipping address within Germany. Customers with their registered office outside Germany shall bear the transport costs in full themselves.

2. Conditions for claiming and expiry of warranty services

2.1. The warranty applies to all products according to clause 1.1.

2.2. The warranty is directed at both consumers according to § 13 BGB (German Civil Code) and entreprenerus according to § 14 BGB as well as legal entitites under public law or special funds under public law. In this sense, a consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a person who orders and uses the products or services within the scope of his independent, professional or commercial activity.

2.3. The warranty only applies to the original purchaser and expires upon sale of the product to a third party.

2.4. The warranty must be notified to us in text form without delay, at the latest, with 7 days after knowledge of the warranty case ("warranty claim"). A warranty claim cannot be asserted at a later date. The objection to notify merchants according to § 377 et seq. HGB remains unaffected.

2.5. The warranty must be registered via the RMA form. You will find the form under https://www.it4trade.com/register-warranty-claim for online completion and download. The RMA form can also be requested from the respective contact person by telephone or via E-Mail.

2.6. After receiving the completed RMA form, we will check if the fault can be fixed remotely. If this is not the case, we will collect the product from the customer. For this purpose, we will send the customer an RMA form with an RMA number, which must be enclosed with the product. If a repair is not worthwhile, we will send a replacement product or refund the purchase price.

2.7. In case of collection of the product, the customer must prepare the return shipment. For this purpose, the RMA form must be enclosed with the shipment. The product must be packed safely for transport and we must be informed of the dimensions of the product as well as the pick-up address and a local contact person).

2.8. A claim under the warranty is only possible upon presentation of the fully completed RMA form. If the RMA form is missing or incomplete, we are entitled to refuse any warranty services.

3. Territorial scope of the warranty

3.1. The warranty applies to the territory of the European Union, the United Kingdom and Switzerland.

4. Duration of the warranty

4.1. Unless otherwise agreed, the warranty period shall generally be 24 months. For customers who are registered with us as resellers, the warranty period is 90 days.

4.2. The warranty period begins on the date of purchase. The warranty period is neither extended nor renewed by asserting a warranty claim.

5. Exclusion of warranty services

5.1. Claims under warranty are excluded in the following cases, insofar as these have become causal for the occurrence of the defect:

a) Improper use of the product or the assembly instructions.

b) Failure to comply with the instructions or notices prescribed in the instructions for use or operation.

c) Ordinary wear and tear. This includes in particular traces of use and wear on parts that are subject to use-related or natural wear, such as mechanical parts or batteries.

d) Chemical, physical or other external influences (e.g. contact with harmful chemicals, exposure to violnce, etc.).

e) Damage caused by environmental influences (e.g. dust, moisture) or natural phenomena (e.g. floods, frost, etc.).

f) Damage caused by direct solar radiation or heat radiation from heaters.

g) Return o the product in insufficient, transport-safe packaging

5.2. Services under this warranty are further excluded if service and repair work has not been carried out by us or by a service provider authorized in the individual case. The customer is free to suggest a service provider for maintenance work.

6. Choice of law, place of fulfilment, jurisdiction

6.1. German law applies. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (favorability principle).

6.2. The place of fulfilment for all services arising from the business relationship with us and the place of jurisdiction shall be our registered office, insofar as you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. This shall not affect the right to bring an action before the court at another statutory place of jurisdiction.

6.3. The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.