ServerMonkey's One Year Standard Warranty

For products confirmed to be defective, Buyer's exclusive remedy shall be, at ServerMonkey.com's option, to either refund Buyer's purchase price for Product as reflected in the invoice (less any rebates or discounts), or to replace Product with the same or similar products meeting the description of the returned Product as set forth on the invoice. The warranty period for replacements shall be the period remaining under the limited Warranty Period for the Product that was replaced. Buyer shall bear the cost of returning Product to ServerMonkey.com's facilities and if ServerMonkey.com sends replacements, ServerMonkey.com shall bear the cost of sending the replacements to Buyer's facilities located within the continental United States.

In order to recover under this limited warranty, Buyer shall strictly comply with the following Returns Materials Authorization Procedure:

• a. Lodge the RMA form through ServerMonkey.com's website within thirty (30) days of the alleged electrical failure of the Product covered under this Warranty.
• b. Attach a clear copy of the invoice and a detailed description of the Product that failed, including manufacturer part number, lot number, and the corresponding invoice number.
• c. Provide a detailed written failure analysis report confirming the failure.
• d. Properly package and return Product to ServerMonkey.com within twenty (20) days of ServerMonkey.com's issuance of the Return Materials Authorization. (RMAs are void after twenty (20) days of issuance.)
• e. Adhere to ServerMonkey.com's return material authorization procedures then in effect.

ServerMonkey.com reserves the right to have the Product examined and tested to confirm the electrical failure and, if the failure is confirmed, the cause of such failure. Such testing shall be conclusive in determining rights under this Warranty.

ServerMonkey.com makes no warranty with respect to the following:

• (a) Products whose failures are due to accident, abuse, improper use (including but not limited to handling, storage, installation or de-installation), negligence, problems with electrical power, or products not supplied by ServerMonkey.com;
• (b) any Product which was modified contrary to the manufacturer's specifications;
• (c) any Product that was disassembled into component parts;
• (d) any Product that was removed from the original products supplied by ServerMonkey.com;
• (e) any Product if Buyer transferred ownership or possession of the product;
• (f) any Product that was shipped from the United States; or
• (g) any software that may be installed on Products.

The warranty shall not apply to Product for which ServerMonkey.com has not received timely payment in full as reflected on the invoice.

This warranty is non-transferable and applies only to the original Buyer of Product and shall not extend to Buyer's affiliates, customers or any other third party. ServerMonkey.com assumes no duty, express or implied, to any third party as a result of this Warranty.

ServerMonkey.com may modify, revise or cancel its limited warranties from time to time, at its sole discretion, and such change will not affect Product ordered by Buyer prior to the date of such change

Except as specifically provided herein, SERVERMONKEY.COM MAKES NO WARRANTY, STATUTORY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR INTENDED PURPOSE OR USE, NON-INFRINGEMENT OR ORIGINALITY.

IN NO EVENT SHALL SERVERMONKEY.COM BE LIABLE FOR ANY CLAIMS ALLEGING NEGLIGENCE OR WORSE OR FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO DOWNTIME COSTS OR LOSS OF USE, INCOME, DATA, PROFITS, OPPORTUNITY, OR GOODWILL) NOR SHALL SERVERMONKEY.COM BE LIABLE FOR ANY DAMAGE TO OTHER PRODUCTS, REGARDLESS OF WHETHER OR NOT SERVERMONKEY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SERVERMONKEY.COM'S MAXIMUM AGGREGATE LIABILITY HEREUNDER SHALL NOT EXCEED THE SALES PRICE PAID FOR PRODUCTS.

This warranty is governed by the laws of the state of Texas without giving effect to the principles of conflicts of law. In the event that any of the terms set forth herein is determined to be unenforceable, the other terms and conditions shall remain in full force and effect. Failure of ServerMonkey.com to enforce any of the terms and conditions of this Warranty shall not be deemed a waiver of any of ServerMonkey.com's rights and shall not affect the validity of the sale or this Warranty.

The terms and conditions of this Warranty are incorporated and made a part of the Terms and Conditions of Sale found on back of each invoice. In the event of a conflict, the terms of this Warranty shall prevail.