Hardware Warranty Policy

Sophos Hardware Warranty Policy

This document forms part of the Sophos End User License Agreement which is available at http://www.sophos.com/en-us/legal.aspx and all terms used below shall have the meanings given to them therein.

1. For a period of one (1) year for UTM Hardware and three (3) years for other Hardware, from the date of original purchase from Sophos or such other period as may be specifically noted in the Schedule, as applicable, (the "Hardware Warranty Period") and provided always that Licensee has a valid, fully paid up, unexpired license and Maintenance subscription for such Product, Sophos warrants to the original purchaser only that the Hardware shall be free of defects in materials and workmanship under normal use and service and substantially conform to the Documentation. For certain Products, the Licensee may be able to purchase an extended Hardware Warranty Period, provided always that the Hardware Warranty Period shall not exceed the planned discontinuance date and shall be subject to the retirement policy for such Hardware as published at https://www.sophos.com/en-us/support.aspx.

2. If Sophos is notified in writing of a breach of the warranty in Clause 1 above during the Hardware Warranty Period, Sophos’s entire liability and Licensee’s sole remedy shall be (at Sophos’s option) to correct, repair or replace the Hardware and/or Documentation as applicable within a reasonable time, or provide or authorize a refund of the Fee paid for such Hardware following the return of the Hardware accompanied by proof of purchase. Any items provided as replacement under the terms of this Hardware Warranty Policy will be warranted for the remainder of the original Hardware Warranty Period.

3. If Licensee has purchased Hardware which includes an advance replacement warranty, upon discovery of any failure of the Hardware, or any component thereof, to conform with the warranty in Clause 1 above during the Hardware Warranty Period, Licensee is required to contact Sophos and seek a Return Merchandise Authorization (“RMA”) number. Sophos will promptly issue the requested RMA upon Sophos’s determination that the warranty claim is valid in accordance with the terms and conditions of this Hardware Warranty Policy. Upon confirmation of Licensee’s eligibility for the warranty rights described herein and Sophos’s provision to Licensee of an RMA (which RMA may be provided, at Sophos’s sole discretion, in response to Sophos’s receipt of an automated notification from the Hardware), Sophos will ship Licensee replacement Hardware ("Advance Replacement Hardware"). Such Advance Replacement Hardware may, at Sophos’s sole discretion, be new or refurbished, and be the same or a higher revision model. Within fifteen (15) days of receipt of the Advance Replacement Hardware, Licensee will return the allegedly defective Hardware or component part(s) of the Hardware to the return location indicated by Sophos, securely and properly packaged in the packaging provided with the Advance Replacement Hardware (if supplied), using the carriage designated and paid by Sophos, with the RMA number prominently displayed on the exterior of the packaging.

4. If Licensee has purchased Hardware which does not include an advance replacement warranty, upon discovery of any failure of the Hardware, or any component thereof, to conform with the warranty in Clause 1 above during the Hardware Warranty Period, Licensee is required to contact Sophos and seek an RMA number. Sophos will promptly issue the requested RMA upon Sophos’s determination that the warranty claim is valid in accordance with the terms and conditions of this Hardware Warranty Policy. Licensee will return the allegedly defective Hardware or component part(s) of the Hardware to the return location indicated by Sophos, securely and properly packaged, carriage (and insurance at Licensee’s option) prepaid by Licensee, with the RMA number prominently displayed on the exterior of the packaging. Upon receipt of a valid warranty claim and receipt of the Hardware at the return location indicated by Sophos, Sophos will (at its cost) ship Licensee replacement Hardware. Such replacement Hardware may, at Sophos’s sole discretion, be new or refurbished, be the same or a higher revision model, and may be the returned Hardware repaired by or on behalf of Sophos.

5. Title to the allegedly defective Hardware or component part shall pass to Sophos upon receipt by Licensee of the Advance Replacement Hardware, if applicable, or on shipment by Licensee of the Hardware to the return location indicated by Sophos, whichever is the sooner. Should the Hardware or component part(s) of the Hardware returned by Licensee: (i) be deemed not to be defective or ‘no fault found’, or (ii) be missing any Hardware, Sophos will invoice Licensee and Licensee agrees to pay the cost of the Hardware or component part of the Hardware, as applicable. If Licensee fails to return allegedly defective Hardware or any component part(s) of the Hardware to the return location indicated by Sophos within the referenced time limit, Licensee will be responsible for the cost of returning such item to the return location and Sophos will be entitled to enter Licensee’s premises to repossess such item(s) at Licensee’s sole cost.

6. SOPHOS SHALL NOT BE RESPONSIBLE FOR MAINTAINING OR PROTECTING ANY CONFIGURATION SETTINGS OR DATA FOUND ON THE RETURNED HARDWARE OR COMPONENT PART THEREOF. 

7. Title to the Advance Replacement Hardware or any replacement Hardware provided to Licensee in accordance with Clauses 3 and 4 respectively shall pass to Licensee on shipping or payment of the Hardware Fee, whichever is the later. Risk of loss in relation to the Advance Replacement Hardware or any replacement Hardware provided to Licensee in accordance with Clauses 3 and 4 respectively passes to Licensee upon shipment of such Hardware to Licensee. Licensee shall be responsible for any associated insurance.

8. The warranties contained in this Hardware Warranty Policy 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) Licensee’s failure to follow applicable use or operations instructions or manuals; (vi) Licensee’s failure to implement, or to allow Sophos or its agents to implement, any corrections or modifications to the Hardware made available to Licensee by Sophos; or (vii) such other events outside Sophos’s reasonable control; and/or (b) repair or replacement that would be contrary to Sanctions and Export Control Laws.

9. THE ABOVE 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.

10. Consumers.

Sophos Hardware Products are not designed for Consumer use. Where Licensee is a Consumer using a Hardware Product, Clauses 1 and 2 above shall not apply; instead the following Clauses shall apply to the Consumer Licensee:

10.1 Where Sophos (or an authorized Partner of Sophos acting on Sophos's behalf) has provided a Hardware Product to a Consumer in return for a Fee from the Consumer or for some other value to Sophos which is derived from the Consumer, Sophos warrants that the Sophos Hardware Product will: (i) be of satisfactory quality, (ii) be reasonably fit for purpose, (iii) be as described in the Documentation, and (iv) if applicable, match any applicable models or samples of such Hardware Products.

10.2 Where Sophos is in breach of Clause 10.1, the Consumer may: (i) reject the Hardware Products within 30 days of the later of the delivery or the transfer of ownership or possession of such Products, or (ii) require Sophos, at Sophos's own cost, to repair or replace the Hardware Product within a reasonable time and without significant inconvenience to the Consumer, unless such remedies are impossible or if it is disproportionate to require Sophos to repair (as opposed to replace) the Hardware Product (or vice-versa).

10.3 Where the Consumer is entitled to the warranty under Clause 10.1 and Sophos has attempted to repair or replace the Hardware Product but:

  (i) the Hardware Product is still in breach of Clause 10.1 (whether for the same or a different reason);

  (ii) the repair or replacement was not completed within a reasonable time or without significant inconvenience to the Consumer; or

  (iii) the remedies under Clause 10.2(ii) above are impossible or disproportionate;
the Consumer may elect to either keep the Hardware Product and Sophos will grant the Consumer a reasonable Fee reduction for such Hardware Product, or reject the Hardware Product and receive a refund (reduced by a deduction for use, taking into account any reasonable use by the Consumer of the Hardware Product in the period since it was delivered).

10.4 Where the Consumer is entitled to the warranty under Clause 10.1 and any alleged failure of the Hardware (or any component thereof) is discovered, Sophos shall pay for the reasonable carriage of such Hardware to Sophos, provided that if (i) the Hardware is deemed not to be defective or ‘no fault found’, or (ii) the shipment is missing any Hardware, the invoice issued by Sophos under Clause 5 will also include the costs paid by Sophos for delivery of the same.

11. Changes

Except where Licensee is a Consumer (in which case the Hardware Warranty Policy applicable at the time the Consumer entered into its contract with Sophos will apply), changes to this Hardware Warranty Policy shall be effective thirty (30) days from the date Licensee is advised of changes to this Hardware Warranty Policy, which notice may include posting of the revised Hardware Warranty Policy to this website.