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Toshiba Memory Products Warranty Statement

Update as of 1st Apr. 2019

  1. General

    In addition to statutory warranty rights which the Consumer may have against its seller because of a defective product Toshiba Memory Europe GmbH (“Toshiba”) offers to Consumers who have purchased Memory Products the warranty statement as set forth below (“Warranty Statement”).

    This Warranty Statement applies without prejudice to any mandatory statutory liability laws such as product liability law, liability in case of intent or because of injury to life, body and health.

    “Memory Product” shall mean for the purposes of this Warranty Statement any product listed on the following website [link: Toshiba Memory Corporation Product List].

    “Consumer” shall mean for the purposes of this Warranty Statement any natural person who is the owner of a Memory Product and who has bought the Memory Product for purposes of his private use and who has used it for his private purposes.

  2. Scope

    This Warranty Statement applies to Memory Products purchased by Consumers in the geographical area of Europe, in a member state of the Commonwealth of Independent States (CIS), Turkey and Israel (“Territory”) from 2nd Nov. 2018. However, it does not apply to so called ‘parallel imports’, i.e. to Memory Products where the first import into the Territory was done by another party than Toshiba. Toshiba reserves the right to determine whether or not a Memory Product is a parallel import.

  3. Warranty and warranty period

    1. Toshiba warrants to Consumers that Memory Products are

      i) free from material defects in manufacture and workmanship, and
      ii) comply with the product specifications published by Toshiba Memory Corporation under https://www.toshiba-memory.com/.
       
    2. The warranty period of a Memory Product is five (5) years from the date of Consumer’s purchase of the Memory Product.
    3. The warranty period of a Replacement Product is thirty (30) days from the date of replacement or the remainder of the original warranty period of the replaced Memory Product, whichever is longer.

  4. Exclusion of Warranty

    This Warranty Statement does not apply

    1. if the Consumer uses or otherwise makes available the Memory Product for any equipment or system that requires extraordinarily high levels of quality and/or reliability, and/or a malfunction or failure of which may cause loss of human life, bodily injury, serious property damage and/or serious public impact ("Unintended Use"). Please make sure that Consumer do not use or otherwise make available the Memory Product for Unintended Use.
      Except for specific applications as expressly stated in this Warranty Statement, Unintended Use includes, without limitation, equipment used in nuclear facilities, equipment used in the aerospace industry, lifesaving and/or life supporting medical equipment, equipment used for automobiles, trains, ships and other transportation, traffic signaling equipment, equipment used to control combustions or explosions, military equipment and safety devices;
    2. to failure or damage caused by or in connection with the following uses, applications or devices except specific uses, applications or devices as expressly stated by Toshiba:

      (i) continuous recording devices such as in-car recording devices, dashboard cameras , black box cameras, security/surveillance cameras; and continuous data logging devices such as services,
      (ii) display devices that loop audio, image or video such as digital signage,
      (iii) uses as components incorporated into or containing in a devices or equipment,
      (iv) industrial uses, or
      (v) any other uses in a device or equipment exceeding the maximum ratings for the devices or equipment;

    3. if the Consumer cannot show the part number of the Memory Product or cannot present proof of purchase of the Memory Product by way of presenting the sales receipt;
    4. if the purchase date or the part number of the Memory Product is missing or has been falsified
    5. to a product that cannot be identified as a Memory Product;
    6. to failure or damage caused by physical damage due to Consumer’s improper handling or storage of the Memory Product
    7. to failure or damage caused by abuse, misuse, alternations, modifications or repair by the Consumer or an unauthorized third party;
    8. to failure or damage caused by accident, abuse, misuse, fire, liquid contact, earthquake or other external cause, like fire, salt, gas, earthquake, lightning, wind, hurricane, typhoon, flood, other natural disasters, condensation, surge, abnormal voltages, any other external causes, or use of the Memory Product outside the operating environments;
    9. to normal wear and tear including but not limited to scratches, dents or damage on coatings, platings or plastic of the Memory Product; or
    10. to damage caused by any other events not attributable to Toshiba.

  5. Claim Process

    To make a warranty claim, the Consumer must contact either Toshiba’s customer service (the contact details of Toshiba’s customer service center are available under the following link: https://www.toshiba-memory.com/contact/. When making the claim the Consumer must provide proof of purchase and the part number labeled on the Memory Product itself or on its packaging. Toshiba’s customer service will ship the Replacement Product to the Consumer after customer service receives the returned Memory Product from the Consumer and upon confirmation that all conditions for a valid warranty claim of the Consumer are fulfilled.

  6. Governing law, place of jurisdiction

    1. The terms and conditions of this Warranty Statement shall be subject to and construed in accordance with the laws of Germany. The application of conflict of law provisions is excluded. Furthermore, the application of the U.N. Convention on Contracts for the International Sale of Goods is explicitly excluded.
    2. Toshiba’s legal domicile shall be the place of jurisdiction for all disputes arising in context with this Warranty Statement.

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