Introduction

• This Warranty Policy provides terms and conditions for Network Security appliances warranty availability for all GajShield Network Security Appliances
• These terms and conditions apply to the provision of services by GajShield and exclusively govern the legal relationship between you (the “customer”) and GajShield

• It sets forth the legally binding rights and obligations of the customer in relation to GajShield support or or other GajShield service offerings. The customer consents to be bound by these terms and conditions (the ‘’agreement’’). the customer represents that it is a sophisticated entity, that has read and understands this agreement and has had sufficient opportunity to consult with counsel before agreeing to the terms herein.

• GajShield provides this warranty to only GajShield appliances which are duly registered with GajShield. 
• All sales are final and the Product and the Services are not returnable.
• The contents herein are subject to change by GajShield without prior notice.
• Please note, by using the GajShield firewall, you acknowledge and agree with the terms and condition listed down in this warranty agreement.

Warranty

• 1 year limited hardware warranty (Limited Hardware Warranty)
• 90 days limited firmware/software warranty (Warranty Period)

Hardware Warranty 

GajShield provides a limited product hardware warranty to purchasers of GajShield Gaj Protect license as follows: GajShield warrants that the product hardware will be free from defects in materials and workmanship that result in a material deviation from the applicable published GajShield technical specifications ("Hardware System Failure"). Upon the occurrence of a Hardware System Failure, GajShield will repair or replace such product hardware within three (3) working days of its receipt of the failed hardware, if in advance of its receipt, such hardware (1) was evaluated by GajShield Technical Support in person over the telephone, and (2) received a Technical Support RMA number from GajShield. Further, the product hardware must be shipped, shipment prepaid, to GajShield, and the RMA number must be clearly indicated on the shipping box and papers.

Registration Requirement

Warranties are only valid for Products which have been registered with GajShield with the Gaj Protect Services. Products which have not been registered with GajShield are not entitled to any of the rights contained in this publication and failure to register your product within twenty one days of product sale to you or delivery of product to you, whichever is earlier, may result in a forfeiture of your warranty in its entirety. 

Warranty Start Date: Notice

All GajShield warranties begin on the date of Product registration. All warranty claims must be submitted before the expiration of the warranty term.

Warranty Limitations

GajShield's warranties as set forth herein ("Warranties") are expressly conditioned upon the valid operation of the Product License Agreement included with every shipment (which is incorporated herein by reference) and are further expressly contingent upon proper use of the GajShield hardware and shall not apply if the Products have been modified without GajShield's written approval, if the Products' serial number label has been removed, warranty sticker punctured or damaged, power surge or failure, external power supply or power adapters, failure due to external cabling, or if the Product has been damaged or impaired in any way. GajShield warranty will also not apply on internal power supply or external power adapter failures or if Any damage caused to the equipment by reason of neglect, misuse, mishandling, unauthorized access by any person who is not GajShield authorized representative etc., intentional or unintentional, by the customer, failure on account of lightning induced voltages on trunk or extension lines irrespective of whether protection devices were used or not, accumulation of dust or foreign particles within its components, any other reason not occasioned by normal wear and tear of the equipment .GajShield shall not be responsible for any malfunctioning of equipment due to virus related problems. GajShield warranty will also not apply on Force Majeure conditions.  GajShield shall not be responsible for the repairs of any damages or physical loss caused to the equipment and accessories by accident, fire, theft, flood, riots or any acts of god or from neglect, misuse, mishandling, deliberate or otherwise by the customer. GajShield warrants that the software firmware on GajShield appliances will be free from defects in material and workmanship, and the Product shall substantially conform to GajShield's published specification, as it exists at the date of delivery, for a period of ninety [90] days. GajShield will not be responsible for any of its features not working due to third party applications which are beyond its control. GajShield does not guarantee that the information accessed by the Product will be accurate or complete. You acknowledge that performance or features of the Product may be affected by any number of factors, including without limitation, technical failure of the Product, the acts of omissions of third parties or changes in third party products or applications, and other causes reasonably beyond the control of GajShield. GajShield makes no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information. GajShield is committed to provide support during the warranty period and thereafter as per the service charges specified by GajShield during the technological useful lifespan of the equipment. While GajShield will make every effort to provide the services committed, it may not be possible for GajShield to provide the services in case the product has become obsolete or the product has completed its technological useful life span. In such cases GajShield undertakes to  inform the customer reasonably well in advance of such an event and also recommend the list of spares that are normally required for functioning of the equipment. If such circumstances arise, GajShield will not be able to guarantee the desired level of service. GajShield reserves the right to suspend the service/supplies in the event of delayed payment from customer on account of the said equipment and shall not be liable in any manner for any loss or damage of any kind in the event of suspension due to delayed payment. GajShield also reserves the right to charge an interest of 21% per annum for the delayed period. GajShield accepts no liability for any insurance coverage during the warranty period or any other period there after. The terms of the Warranty are limited to the remedies as set forth herein.
THIS WARRANTY IS PROVIDED IN LIEU OF ALL OTHER RIGHTS, CONDITIONS AND WARRANTIES. GajShield MAKES NO OTHER EXPRESS OR IMPLIED WARRANTY WITH RESPECT TO THE SOFTWARE, HARDWARE, PRODUCTS, DOCUMENTATION OR GajShield SUPPORT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, USEFULLNESS AND/OR NON-INFRINGEMENT OF ANY THIRD PARTY RIGHTS. GajShield DOES NOT WARRANT THAT ANY PRODUCT WILL BE ERROR-FREE, OR THAT ANY DEFECT THAT MAY EXIST IN ANY PRODUCT CAN BE CORRECTED. IN NO EVENT SHALL GajShield BE LIABLE FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS, LOST PROFITS OR ANY OTHER SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST DATA), HOWEVER CAUSED WHETHER OR NOT GajShield HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SOLE REMEDY FOR ANY BREACH OF ANY OR ALL OF THE FOREGOING WARRANTIES SHALL BE REPAIR, REPLACEMENT OF ANY NON-CONFIRMING PRODUCT(S).

Advance Replacement

Advance Hardware Replacement is an optional service, available for hardware covered by GajShield Advance Protect license and allows the customer to request that a replacement unit be shipped prior to the return of the failed unit. This service requires an evaluation of the failed system by a GajShield Technical Support specialist and the issuance of a Technical Support Return Material Authorization (“RMA”) number. Upon issuance of the RMA number, a repaired or replacement unit will be shipped to the customer at GajShield's expense according to the service level agreement associated with the subscribed RMA service and as stipulated within the GajShield Advance Protect License service contract. GajShield must receive the failed unit within 7 days after issuance of the RMA to avoid replacement charges, billed at the current list price of the unit including installed options. A replacement unit may be a new or reconditioned unit of equivalent or better value. Replacement hardware for GajShield distributors and resellers will be sent to the distributor or reseller, not the end customer.

DOA

A unit is classified as DOA (Dead On Arrival) if the fault is reported within the first 15 days of product Warranty, 15 days from product registration date or no more than 30 days from shipment. All DOA’s are handled as advanced replacements from GajShield within next business day terms.

Warranty Returns – Return and Replace

Replacement of hardware under GajShield’s standard warranty requires an evaluation of the failed system by a GajShield Technical Support specialist, and the issuance of a Technical Support RMA number. The Customer must ship the subject unit, pre-paid, to GajShield. The RMA number must be clearly indicated on the box and shipping papers - failure to do so will result in delays. A repaired or replacement unit will be shipped via ground carrier at GajShield's expense within 3 business days after receipt of the failed unit. A replacement unit may be a new, repaired or reconditioned unit of equivalent or better value. Replacement hardware for GajShield distributors and resellers will be sent to the distributor or reseller, not the end customer. 

Tariffs to be paid by the customer

In case of Standard Repair/Replacement and Advance Replacement, customer will pay any other tariffs or taxes along with customs, applicable in the geography, to ship the RMA unit to GajShield’s warehouse. Customer will also bear any other tariff or taxes along with customs, applicable in the geography, when the unit is shipped back from GajShield's warehouse to the customer.

Support Agreement

GajShield warranty and support agreements provide technical assistance during standard coverage hours, typically 8×5 or 24×7. A GajShield technical specialist will work remotely with you to diagnose and identify software (GajShield firewall firmware) and hardware (GajShield firewall appliance) not performing to documented specifications. GajShield’s warranty and support offerings do not include step-by-step installation or configuration of products or services, including GajShield firewall appliance. If you need installation or configuration assistance, GajShield will refer you to a certified value-added reseller or offer you one of our Professional Services. Appliances with an expired warranty or support agreement are considered to be “out of support compliance." All Customer personnel contacting GajShield for support must be fully trained on both the GajShield firewall firmware and the GajShield firewall hardware appliance for which the customer requires assistance. It is required that customer will provide all necessary reports, logs, configuration details to GajShield support to help in to identify the problem with GajShield firewall firmware or GajShield firewall appliance. and follow the instructions provided by GajShield to resolve the problem. If customer fails in providing these details or does not follow the provided instructions, GajShield has a right to not provide any further assistance to customer.

EXCLUSIONS

The services provided by GajShield here under will not include warranty, support and/or maintenance of any third party software or hardware, whether or not such third party software or hardware is provided by GajShield. GajShield is not required to provide any services for problems arising out of:
(a) any third party; (b) accident, misuse or abuse; (c) alteration of GajShield Product(s) (including modification of GajShield Software or Hardware) by anyone other than GajShield or a GajShield-authorized service provider; (d) Third Party Components sold by GajShield or a GajShield reseller that are not explicitly covered by a GajShield Product warranty and/or GajShield Support Services, as specified in the applicable documentation; (e) products not sold by GajShield that are attached to or used with GajShield’s Products, even if said non-GajShield or non-authorized products were sold by one of GajShield’s authorized resellers; (f) the Customer’s failure to provide a proper environment for the GajShield Product(s) (within the range of tolerable limits); (g) damage during transit (other than shipment from GajShield to Customer); (h) power surge or power failure; (i) acts of God such as fire, storm, flood, or earthquake, government acts, labor strikes, acts of terrorism and riots or acts outside of GajShield’s control; or (j) any other condition not arising under normal operating conditions.

General Provisions:

Compliance with laws: Customer hereby agrees to comply with all applicable laws, such as data privacy and privacy disclosure laws.Customer agrees to comply with, and ensure compliance with, all applicable laws that apply to the products as well as the Customer and destination restrictions issued by the Government.GajShield assumes no responsibility or liability for Customer’s failure to obtain any necessary import and export approvals. Customer agrees not to use or transfer the Products or Services for any use relating to nuclear, chemical or biological weapons, or missile technology, unless authorized by the Government by regulation or specific written license. Additionally, Customer agrees not to directly or indirectly export, import or transmit the Products or Services contrary to the laws or regulations of any other governmental entity that has jurisdiction over such export, import, transmission or use. Customer represents that Customer understands, and Customer hereby agrees to comply with, all requirements of all applicable laws. GajShield is not responsible for Service delays or outages or loss of data resulting from activities related to GajShield and its service partners compliance with export regulations and cooperation with applicable domestic or foreign regulatory agencies (e.g., delays caused by requirement to obtain required licenses). Customer agrees, acknowledges and warrants that it will take reasonable steps to ensure it will meet all legal requirements to assist law enforcement agencies.