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Hardware Warranty Terms
These Hardware Warranty Terms supplement, are subject to and form part of the Sophos End User Terms of Use (the “Agreement”) which is available at https://www.sophos.com/en-us/legal. All capitalized terms used below shall have same meaning as in the Agreement.
1. ELIGIBILITY. Provided that Customer: (i) is the original purchaser (as evidenced by Sophos sales records, and except where otherwise required by law); and (ii) has a valid, fully paid up, unexpired subscription for the Product, Sophos warrants that during the Hardware Warranty period, the Hardware in any Product shall be free of defects in materials and workmanship and will perform substantially in accordance with the Documentation, when used in accordance with the Documentation.
2. WARRANTY PERIOD. The warranty period for the Hardware component(s) of the Products listed below will run from the date of original purchase from Sophos or Partner, or such other period as may be specifically noted in an applicable Schedule, until the date that is 1, 3 or 5 years from that date. (the “Hardware Warranty Period”) as follows:
A. Term Warranty
- One (1) Year
- SG UTM,
- XG and XGS Firewall (including directly attached Sophos accessories), RED
- AP series;
- Three (3) years
- Sophos Web
- Mail Gateway Hardware
- Five (5) years
- SD-RED
- APX series
B. Extended Warranty. For certain Products, Customer may be able to purchase an extended Hardware Warranty Period which will not exceed the retirement date as published at https://community.sophos.com/kb/en-us/121502#Software%20Milestones.
C. Limited Lifetime Warranty. Certain Sophos Switch models come with a limited lifetime warranty covering the hardware(“LLW”). For purposes of this warranty, the “Lifetime” of the Hardware ends on the retirement date as published at https://community.sophos.com/kb/en-us/121502#Software%20Milestones.
3. SOPHOS’S OBLIGATION. If Customer notifies Sophos in writing of a breach of this warranty during the Hardware Warranty Period, Sophos’ entire liability and Customer’s sole remedy shall be (at Sophos’ option): (i) to correct, repair or replace the Hardware and/or Documentation as applicable within a reasonable time, or (ii) provide, or authorize the appropriate Partner to provide, a refund of the Fee paid for such Hardware. Any refund authorized will be paid only following the return of the Hardware to the address provided by Sophos, accompanied by proof of purchase, and will be calculated on a three (3) year straight line depreciation basis. Any items provided as replacement under these Hardware Warranty Terms will be warranted only for the remainder of the original Hardware Warranty Period.
4. ADVANCE REPLACEMENT
A. If Customer has purchased Hardware which includes an advance replacement warranty or has LLW coverage, and the Hardware fails during the Hardware Warranty Period, Customer is required to contact Sophos for a Return Merchandise Authorization number (“RMA”).
B. If Sophos receives an automated failure notice from the Hardware, Sophos may issue an RMA to Customer and ship replacement Hardware without the need for Customer to contact Sophos. In such case, the remainder of this Section 4 shall apply just as if Customer had placed a call for warranty coverage.
C. Sophos will issue the requested RMA after Sophos determines that the Hardware is eligible for replacement and will ship the replacement Hardware ("Advance Replacement Hardware") to Customer. Advance Replacement Hardware may be new or refurbished as Sophos determines in its sole discretion.
D. Upon Customer’s receipt of the RMA, Customer must, within fifteen (15) calendar days, return the defective Hardware as directed by Sophos. Customer will use packaging supplied by Sophos, if any. If no packaging is supplied, Customer will package the Hardware in a manner designed to avoid further damage to the Hardware. In either case, Customer will ship the Hardware to Sophos, at Sophos’s expense, via the carrier indicated by Sophos.
5. STANDARD REPLACEMENT
A. For Hardware not covered under Section 4 (Advance Replacement), upon failure of the Hardware Customer is required to contact Sophos for an RMA. Sophos will issue the requested RMA after Sophos determines that the Hardware is eligible for replacement.
B. Customer will return the allegedly defective Hardware or component part(s) of the Hardware to the return location designated by Sophos, securely and properly packaged, carriage (and insurance at Customer’s option) prepaid by Customer, with the RMA number prominently displayed on the exterior of the packaging.
C. Upon receipt of the Hardware by Sophos, Sophos will (at its cost) ship replacement Hardware to Customer. Replacement Hardware may, at Sophos’ sole discretion, (i) be shipped before receipt by Sophos of the Hardware being returned, (ii) be new or refurbished, (iii) be the same or a higher revision model, or (iv) Sophos may repair and return the same Hardware to Customer.
6. TITLE. Title to the Hardware giving rise to the warranty claim shall pass to Sophos upon receipt by Customer of the replacement Hardware, or on receipt by Sophos of the Hardware at the return location indicated by Sophos, whichever is the sooner. Title to replacement Hardware provided to Customer under these terms shall pass to Customer upon shipping by Sophos, or payment of any applicable Hardware fees, whichever is the later. Risk of loss in relation to the replacement Hardware provided to Customer hereunder passes to Customer upon shipment of such Hardware by or on behalf of Sophos. Customer shall be responsible for obtaining and paying for any associated insurance.
7. NO FAULT FOUND. Should the Hardware returned by Customer: (i) be deemed not to be defective or ‘no fault found’, or (ii) be missing any Hardware or components, Sophos will invoice Customer and Customer will pay the cost of the Hardware.
8. FAILURE TO RETURN HARDWARE. If Customer fails to return Hardware as required within sixty (60) days of receiving replacement Hardware, Sophos may at its sole discretion, and without further notice to Customer invoice, or direct the applicable reseller or distributor to invoice, Customer for all such Hardware and Customer will pay such invoice within thirty (30) days of receipt of such invoice.
9. DISCLAIMER. IN ADDITION TO THE WARRANTY DISCLAIMERS IN SECTION 7.2 OF THE AGREEMENT, TO THE EXTENT PERMITTED BY APPLICABLE LAW SOPHOS DISCLAIMS ANY RESPONSIBILITY FOR MAINTAINING OR PROTECTING ANY CONFIGURATION SETTINGS OR DATA FOUND ON THE RETURNED HARDWARE OR COMPONENT PART THEREOF. CUSTOMER IS SOLELY RESPONSIBLE FOR REMOVING ANY AND ALL OF CUSTOMER'S DATA FROM THE ALLEGEDLY DEFECTIVE HARDWARE.
10. EXCLUSIONS.
A. This warranty covers replacement of any internal components (e.g. fans, power supplies) or the hardware as a whole should it fail due to a manufacturing defect during the Hardware Warranty Period. This warranty foes not apply to Software, configuration or configuration assistance, or any other Product, Service, or support. Sophos will replace Hardware with a like model or newer equivalent if the exact hardware purchases is not available. Sophos does not guarantee backward compatibility if the replacement Hardware is installed into a legacy environment.
B. The warranties contained in these Hardware Warranty Terms do not apply to (a) repair or replacement caused or necessitated by: (i) accident; unusual physical, electrical or electromagnetic stress; neglect; misuse; fluctuations in electrical power beyond those set out in the specifications; failure of air conditioning or humidity control; improper maintenance, or any other misuse, abuse or mishandling; (ii) force majeure including without limitation natural disasters such as fire, flood, wind, earthquake, lightning or similar disaster; (iii) governmental actions or inactions; (iv) strikes or work stoppages; (v) Customer’s failure to follow applicable use or operations instructions or manuals; (vi) Customer’s failure to implement, or to allow Sophos or its agents to implement, any corrections or modifications to the Hardware made available to Customer by Sophos; or (vii) such other events outside Sophos’ reasonable control; and/or (b) repair or replacement that would be contrary to Sanctions and Export Control Laws. ALL HARDWARE WARRANTIES ARE NULL AND VOID IF ANY WARRANTY STICKERS ARE TAMPERED WITH OR ARE MISSING, OR IF THE HARDWARE WAS REPAIRED OR ALTERED BY PERSONNEL OTHER THAN THOSE AUTHORISED BY SOPHOS.
11. CHANGES. changes to these Hardware Warranty Terms shall be effective thirty (30) days from the date Customer is advised of changes which notice may include posting of the revised Hardware Warranty Policy to this website.
Revision Date: 17 January 2022