Pascari RMA Policy

Unless otherwise agreed upon by the parties, Phison Electronics Corp. (“Phison”) hereby represents and warrants to the customers (“you” or “Customers”) who purchase a PASCARI product in its original sealed packaging (the “PASCARI Product(s)”) that the following terms and conditions (the “RMA Policy”) will apply to all PASCARI Product returns:

The PASCARI Products will conform to the product specifications released by Phison (the “specifications”) for (i) five (5) years from the date of purchase, or five (5) years from the date of manufacture in the event that a valid proof of purchase is not available, or (ii) the period ending on the date at which the use of a PASCARI Product exceeds such PASCARI Product’s total Terabytes Written as recorded by or derived from PASCARI Product’s S.M.A.R.T. Attribute, including but not limited to, product’s drive life is used up in accordance with the S.M.A.R.T. Attribute, whichever occurs earlier (“Warranty Period”.)

In the occurrence of any nonconformity of a PASCARI Product (the “RMA Product”), please take the following instructions to initiate the RMA process:

• You can initiate RMA process via PASCARI website or the distribution channel where you purchase your PASCARI Product. It is suggested that you check if your PASCARI Product is eligible for RMA service before initiating the RMA process. By using PASCARI tool, Toolbox, found on our website, you will learn the status of your PASCARI Product along with all vital information.
• You should follow the instruction of Phison or the personnel from where you purchase your PASCARI Product when returning the RMA Product to the location designated by Phison. You are responsible for all costs and expenses associated with returning the RMA Product to Phison, including but not limited to, shipping fees, insurance, custom duties. PHISON WILL NOT COVER ANY OF THESE COSTS UNDER ANY CIRCUMSTANCES AND WILL REJECT SHIPMENTS SENT ON A “FREIGHT COLLECT” OR “CASH ON DELIVERY” BASIS, YOU WILL BEAR ANY RISK OF LOSS OF SUCH REJECTED SHIPMENTS.
• Before returning the RMA Product to Phison, you must store or back up all the data and clear any confidential, proprietary or personal information contained in the RMA Product (collectively, “Data”). PHISON SHALL HAVE NO RESPONSIBILITY FOR SUCH DATA AND SHALL HAVE NO LIABILITY ARISING OUT OF ANY DAMAGE TO OR LOSS OF SUCH DATA WHILE THE RMA PRODUCT IS IN PHISON’S POSSESSION.

Please take the following measures prior to returning the RMA Products to Phison:

• Using eligible carrier with traceability and freight insurance to deliver the returned RMA Product(s)s to Phison’s designated location to ensure the delivery of the goods. PHISON IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OR ABNORMALITY OF THE RMA PRODUCT DURING TRANSIT.
• Using proper packaging materials to pack and ship the RMA Product. PHISON IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OR ABNORMALITY OF THE RMA PRODUCT CAUSED BY IMPROPER PACKAGING.

In the event that Phison determines, in its sole discretion, that the RMA Product fails to conform to the released specifications under normal use while under warranty and such nonconformity is attributable to Phison, Phison will, at its option, either:

• repair the RMA Product by means of hardware and/or software;
• replace the RMA Product with a repaired or refurbished product;
• refund then-current market value of the RMA Product at the time the RMA claim is made to Phison if Phison is unable to repair or replace the RMA Product.

Phison hereby warrants that the repaired or replaced PASCARI Product (the “RMA Replacement”) is gone through Phison’s repair and testing standard to meet the Specifications. The RMA Replacement will be returned to the location designated by you, at Phison’s cost, but the RMA Product will NOT be returned to you. For clarity, the warranty period of such RMA Replacement will not be renewed, and will last until the original warranty period for such RMA Product expires.

The RMA Product verified and identified by Phison as No Trouble Found (the “NTF Product”) is not eligible for RMA service. Phison will return the NTF Product back to you and may charge you for any associated costs, including but not limited to, shipping fees.

You are responsible for all applicable duties and customs clearance charges for shipments to and from Phison’s designated location.

This RMA (RETURN MATERIAL AUTHORIZATION) number released by Phison is valid and eligible ONLY for the return of the RMA Products under warranty. You acknowledge and agree not to return any out-of-warranty products under an illegitimate warranty claim and condition, such as counterfeit products, theft products, damaged products resulted from misuse, tampered products, products were not used in accordance with any accompanying instructions or for its intended function and environment (accident, abuse, neglect, vibration, electrostatic discharge, high temperature, moisture, improper equipment installation, operation, maintenance or modification), defective products caused by external causes like improper use, lost password or misuse. If any RMA Product sent to Phison is not covered by valid warranty claims, Phison reserves its right to exercise all of our legal rights in connection with fraudulent returns.

PHISON DOES NOT RECOMMEND NOR WARRANT THE PASCARI PRODUCTS FOR USE IN LIFE SUPPORT, NUCLEAR, MEDICAL, MILITARY, TRANSPORTATION, AUTOMOTIVE, AVIATION, AEROSPACE INDUSTRY OR OTHER APPLICATIONS WHEREIN A FAILURE OR DEFECT OF THE PASCARI PRODUCTS MAY THREATEN LIFE, INJURY, HEALTH, LOSS OF SIGNIFICANT AMOUNT OF MONEY (“CRITICAL USE”), AND THE CUSTOMER ASSUMES ALL RISK OF ANY CRITICAL USE OF THE PASCARI PRODUCTS.

UNLESS THE OTHERWISE STIPULATED IN THE RMA POLICY, PASCARI PRODUCT IS PROVIDED “AS IS”, AND PHISON MAKES NO WARRANTIES (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE). PHISON SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT.

NOTWITHSTANDING ANYTHING ELSE SET FORTH IN THE RMA POLICY, AND TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, PHISON SHALL NOT BE LIABLE WITH RESPECT TO THE PASCARI PRODUCTS UNDER ANY CONTRACT, NEGELIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST DATA, LOST REVENUES, LOST SAVINGS, LOST PROFITS OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE PURCHASE, USE OR INABILITY TO USE THE PASCARI PRODUCTS, EVEN IF PHISON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Notice for RMA Process

• Once the returned RMA Product is gone through RMA replacement process, it will NOT be returned to the Customer.
• If the RMA Product is verified and identified by Phison as No Trouble Found (NTF), Phison will return the NTF Product back to the Customer and may charge the Customer for any associated costs, including but not limited to, shipping fees.
• The RMA Replacements are all tested and certified by Phison to meet the Specifications and will be reset to default based on Phison standard process.
• The warranty period of the RMA Replacement will not be renewed, and will last until the original warranty period for such RMA Product expires.
• The RMA Products will be delivered in standard shipping and dispatched to the Customer’s designated address during normal business hours.
• All the data and information stored in the returned RMA Products will be sanitized in accordance with Phison standard process. THE CUSTOMER MUST BACK UP AND STORE ALL THE DATA AND INFORMATION AND CLEAR ANY CONFIDENTIAL, PROPRIETARY OR PERSONAL INFORMATION BEFORE SENDING BACK THE RMA PRODUCT TO PHISON.