Legal

QNAP Systems, Inc.
Product Warranty and RMA Service Terms

Revised on July 1, 2023

This Product Warranty and RMA Service (hereinafter referred to as " Service" or “Warranty Service”) applies to limited warranty products or components (hereinafter referred to as "Product") of QNAP Systems, Inc. and its related enterprises (hereinafter referred to as "QNAP"). If the purchaser or user of the Product (hereinafter referred to as the "User") opens the packaging of the Product or activates the Product, it means that the User accepts and agrees to the Product Warranty and RMA Service Terms of QNAP (hereinafter referred to as "Terms").

Section 1 Warranty Period

Warranty Period: The Product provides a standard Warranty Service according to the model or type. The warranty period for each newly purchased Product starts from the purchase date displayed on the purchase certificate of the Product and ends on the day after the warranty period expires. User can obtain product warranty period information on the QNAP Warranty Service Website (hereinafter referred to as "Website"). Please note that the warranty period for some discontinued products may not be available for inquiry on the website mentioned above. If users have any questions about the product warranty period or this service, please contact: support@qnap.com.

Section 2 Warranty and Maintenance Service

2.1 Limited Warranty: QNAP provides a warranty for any defects caused by materials and craftsmanship of the Product during the normal use and warranty period. If the Product has defects caused by materials or craftsmanship that make the Product unable to function properly during the warranty period, QNAP provides repair services. Please log in to the QNAP account and go to the Website to check if the User's Product is eligible for repair. Users can purchase the product extended warranty (hereinafter referred to as "Extended Warranty") services on the Website separately according to their own needs. Please first check if the User's Product is eligible for the purchase of Extended Warranty conditions on the Website. If the conditions are met, the User needs to prepare the purchase certificate of the Product within nine (9) months of purchasing the Product, and register the Product information, before purchasing the Extended Warranty on the Website. If it is more than nine (9) months from the date of Product purchase, the Extended Warranty Service cannot be purchased, but the User can still register the Product on the Website.

2.1.1 Exclusion from Warranty Coverage

The Service does not apply to the following situations:
A. The warranty period of the Product has expired.
B. The warranty sticker of the Product has been removed, damaged or cannot be identified, or the product has no serial number or the serial number cannot be identified.
C. Peripheral devices and external devices such as hard disks, batteries (including built-in batteries), accessories and consumables (such as flash storage devices). Please refer to the manufacturer's standards for the warranty conditions of such devices or accessories.
D. Defects in the Product are caused by unpredictable events such as natural disasters or human factors, such as floods, lightning, earthquakes, wars, intentional destruction, theft, power outages, unstable power supply, or problems caused by the negligence of the carrier, etc.
E. Defects in the Product are caused by improper use or failure to follow the instructions of the product manual or caused by modifications or repairs by unauthorized personnel.
F. The Product has been modified or dismantled without authorization, or has been repaired by unauthorized personnel or units.
G. Damage or malfunction caused by the user not executing any updates provided by QNAP for the Product, or by the user executing, installing, or using any updates provided by third parties.
H. Damage to the product caused by other third-party software, hardware products, or peripheral equipment used in conjunction with the Product.
I. Non-QNAP products or products purchased from non-QNAP designated stores or channels, even if they are packaged or sold together with the Product, such as hard drives, batteries (including built-in ones), accessories, and replacement or maintenance of consumable parts (such as slides, hard drives, flash storage devices, etc.).

2.2 Out-of-Warranty Repair Service: For situations that are not covered by the warranty in Section 2.1.2, the provision of the Service is subject to the followings:

2.2.1 Allowable Warranty Scope:

The following situations are eligible for Out-of-Warranty Repair Services:
A. The warranty period of the Product has expired.
B. The warranty sticker of the Product has been removed, damaged or cannot be identified, or the product has no serial number or the serial number cannot be identified.
C. Peripheral devices and external devices such as hard disks, batteries (including built-in batteries), accessories and consumables (such as flash storage devices). Please refer to the manufacturer's standards for the warranty conditions of such devices or accessories.
D. Defects in the Product are caused by unpredictable events such as natural disasters or human factors, such as floods, lightning, earthquakes, wars, intentional destruction, theft, power outages, unstable power supply, or problems caused by the negligence of the carrier, etc.
E. Defects in the Product are caused by improper use or failure to follow the instructions of the product manual or caused by modifications or repairs by unauthorized personnel.

2.2.2 Not Allowable Warranty Scope:

The following situations are not eligible for out-of-warranty product repair services:
A. The Product has been modified or dismantled without authorization, or has been repaired by unauthorized personnel or units.
B. Damage or malfunction caused by the user not executing any updates provided by QNAP for the Product, or by the user executing, installing, or using any updates provided by third parties.
C. Damage to the product caused by other third-party software, hardware products, or peripheral equipment used in conjunction with the Product.

Please note that the Out-of-Warranty Repair Services should be based on QNAP's individual inspection and confirmation of the actual appearance and functions of the Product. QNAP may refuse to provide any Warranty Services for the Product based on such results, including but not limited to product repair, technical support, and product replacement.

2.3 Warranty Service

2.3.1 Cost: For Products within and outside the warranty period, QNAP will assess the repair cost and provide a quotation to the User after confirming the Product's status. The quotation may include fees such as inspection fees, component costs, and shipping costs. Users may also use the repair estimate function on the QNAP official website, but the actual quotation prevails. After the User agrees to the quotation, QNAP will conduct the inspection and Warranty Service and collect fees from the User upon completion of the Warranty Service.
2.3.2 Repair Order: For Products within the warranty period and those outside the warranty period that QNAP agrees to repair, the User can check the status information at any time by accessing the repair order provided by QNAP. If the Product is purchased through a distributor and the warranty status needs to be confirmed, the user needs to contact the distributor for confirmation.
2.3.3 Components: QNAP may perform the Service with used or new components of the same model as the original components of the Product. In rare cases where identical components cannot be obtained, for Products within the warranty period, QNAP will repair or replace the product with similar components, higher-performance components, or similar new Products and perform the repair or replacement after the User agrees. For Products outside the warranty period, if similar components, higher-performance components, or similar new Products are needed for the Service, QNAP will perform the Service after the User agrees to the quotation and collect fees upon completion. If such components cannot be obtained, QNAP may terminate the Service, and the request for Product return or refund cannot be accepted.
2.3.4 Information Correction: QNAP will check the Product to be repaired. If any information is filled out incorrectly or incompletely, QNAP will notify the User to correct the information. If there is a price difference after the information correction, QNAP will perform the Service after the user agrees to pay.
2.3.5 Warranty Period Calculation: After receiving the Product returned by the User, QNAP will send the repaired Product to the user within a reasonable time. For Products within the warranty period, the original warranty period will continue after the repair is completed. For Products outside the warranty period, QNAP provides a 6-month (180-day) warranty for the repair items.
2.3.6 Shipping and Retention Rights:
A. Shipping Fee: For Products within the warranty period, the User needs to provide the purchase proof and serial number of Product and can arrange to send the product back to QNAP through the original store, distributor, or contacting QNAP customer service. The round-trip shipping fee is shared by both parties, meaning that the User needs to pay for shipping the Product to QNAP for the Service, and QNAP will pay for shipping the Product back to the user. For Products outside the warranty period, the User is responsible for the full shipping fee. The shipping fee, along with other items on the quotation (if any), will be charged to the User before the Product is shipped back.
B. Proper Packaging: To avoid damage to the Product during transport, the User must properly package the Product to be repaired. QNAP is not responsible for any collision damage that occurs during transport.
C. Abandonment: If the Product is not delivered due to an incorrect address provided by the User or no one is available to sign for the product, QNAP or the logistics company will attempt to contact the User to rearrange for delivery or a correction of the address. If the User cannot be reached or the Product remains unclaimed after contact has been made, the Product will be returned to QNAP. After the Product is returned, QNAP will continue to try to contact the User to arrange for delivery. If the User cannot be reached or the Product remains undelivered within sixty (60) days after the initial shipment, QNAP will consider the Product abandoned and will send a notice to the User's provided email address agreeing to the service. When a Product is considered abandoned, QNAP may dispose of it legally.
D. Lien: QNAP reserves its legal and other lawful lien rights for unpaid fees.
E. Signature: If the User is willing to assume the risk of an unattended delivery address when placing an order, the User may authorize QNAP to arrange for a non-signature delivery of the Product.
2.3.7 Cancellation:
A. Automatic Cancellation: After the User applies for Warranty Service, QNAP will send a notification asking the User to fill in relevant information. The User must fill in and reply within seven (7) days, otherwise, the application will be automatically cancelled.
B. Cancellation and Refund: For the User who has applied for Out-of-Warranty Service and has paid related fees, if the User needs to cancel the Service, the User must contact QNAP within fourteen (14) days after payment to arrange for cancellation and refund. In this case, the Product will be returned to the User's designated location by QNAP, and the User will be responsible for shipping fees and testing fees of the Product.
C. After the application is cancelled, QNAP will return the Product to the User and contact the User to confirm the return address and related information. If the User does not reply within sixty (60) days, QNAP may, at its discretion, dispose of the Product.
Note that once QNAP notifies the User that it will proceed with the repair, the service order cannot be cancelled, and the application for the Service cannot be cancelled.

Section 3: Liability Limitations

3.1 Data Damage and Loss: Before applying for the Service, the User should confirm that any data, information, and programs stored in the Product have been moved, backed up, deleted, or encrypted. The User agrees that QNAP will not be liable for any damage, loss, or leakage of the aforementioned data, information, or programs under any circumstances. If Users do not trust QNAP's technical capabilities or do not agree to QNAP accessing their Products, please do not apply for or agree to the Warranty Service. IN ANY CASE, QNAP AND ITS PARTNERS, EMPLOYEES, SHAREHOLDERS, AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO SOFTWARE AND SYSTEM DAMAGE, DATA LOSS, AND ANY OTHER ECONOMIC LOSSES) CAUSED BY THE SERVICE, EVEN IF SUCH DAMAGES WERE PREVIOUSLY KNOWN.
3.2 System Updates: QNAP may update the system software during maintenance, which may make it impossible for Users to revert to older system software versions. In addition, third-party applications installed on Users' products may become incompatible or unusable due to system software updates. QNAP shall not be responsible for such cases.
3.3 Limitation of Liability for Compensation: If QNAP unavoidably needs to assume compensation liability, THE MAXIMUM LIABILITY LIMIT of QNAP and its authorized distributors and retailers is the price paid by the User when purchasing the Product.
3.4 Specific Disclaimer of Damages: In addition to the aforementioned limitations, QNAP does not acknowledge any statutory or implied warranties, including any implied warranties of merchantability or fitness for a particular purpose. In any case, QNAP shall not be liable for any direct, indirect, special, or consequential damages, including but not limited to loss of profits, data loss, use loss, or equipment, facility, or business interruption.
3.5 Applicable Regulations: The aforementioned Specific Disclaimer of Damages and Limitation of Liability for compensation shall apply to the maximum extent permitted by applicable law. Some countries/jurisdictions do not allow the exclusion or limitation of certain damages. If such laws apply to this product, the foregoing exclusion and limitation provisions may not apply to Users.

Section 4 Personal Data Protection

In accordance with the European Union's General Data Protection Regulation (GDPR) and other applicable laws and regulations, QNAP and its affiliated companies may only process personal data that can identify a natural person (hereinafter referred to as the "data subject") to fulfill contractual obligations or to preserve legitimate interests. Unless otherwise agreed in writing by the user, QNAP will not provide any personal data of the data subject to any other person or party, and will only collect the following personal data: the data subject's login information, account name, account activity, IP address, and any other information that the data subject may provide to QNAP, such as preference settings.
For more information, please visit the QNAP Privacy Policy website.
To exercise your rights regarding data processing, please fill out the Data Privacy Form.

Section 5 Miscellaneous

5.1 Proprietary Rights: QNAP and third-party suppliers and licensors own all proprietary rights and intellectual property rights in the Product, accompanying software, and documentation. QNAP reserves all ownership of products and interests contained in intellectual property rights. No ownership or intellectual property rights of the Product, accompanying software, or documentation provided to the User under the Service are transferred to the User.
5.2 Assignment and Monetization: Without prior written consent from QNAP, the User may not directly transfer any rights obtained through the Service, whether by law or otherwise. The Service cannot be redeemed for other gifts, exchanged for cash, or used as a product discount.
5.3 Right to Modify: QNAP reserves the right to change the Terms. In the event of any changes, please refer to the content posted on the QNAP official website.
5.4 Language: The Terms are written in multiple languages. In case of any discrepancies between the traditional Chinese version and other language versions, the traditional Chinese version shall prevail.
5.5 Export Restrictions: The User is aware that the Product may be subject to export regulations of the United States. The User will comply with all applicable laws and regulations, including but not limited to the U.S. Export Administration Regulations. If violated, QNAP reserves the right to refuse to provide Warranty Services.
5.6 Severability and Entire Agreement: If any provision of thee Terms is determined to be invalid, illegal, or unenforceable by a competent court of jurisdiction, the remaining provisions shall remain in full force and effect. The Terms constitute the entire agreement and replace all prior contracts signed between QNAP and the User regarding to the Service. Any modification or waiver of any provision of the Terms is invalid unless it is recorded in a written document signed by the party bound.
5.7 Governing Law and Jurisdiction: If any part of the Terms is deemed invalid by a competent court of jurisdiction or arbitration body, it shall not affect the validity of the other parts. The parties agree that any dispute, controversy, claim, or compensation arising from the performance of the Service or the interpretation of the Terms shall be governed by the laws of the Republic of China (Taiwan), and the Taipei District Court shall have the first instance jurisdiction. The parties agree to be bound by the judgment. If there are differences between the relevant laws or regulations in the User's place of residence or country and the provisions of the Terms, the Terms shall apply to the maximum extent permitted by such laws or regulations.