Hardware Warranty Terms
1. BASE WARRANTY. Sophos warrants that during the Base Warranty Period, the Hardware 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. BASE WARRANTY PERIOD. The base warranty period for the Hardware will run for 12 (twelve) months from the date Sophos processed the order from its channel partner (the “Base Warranty Period”).
3. EXTENDED WARRANTY. Provided that Customer is the original purchaser (as evidenced by Sophos sales records, and except where otherwise required by law), Sophos warrants that during the Extended Warranty Period, the Hardware listed in Section 4 below, 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.
4. EXTENDED WARRANTY PERIOD. The extended warranty period for the Hardware listed below will run from the date Sophos processed the order from its channel partner until expiry of the periods stated below (the “Extended Warranty Period”):
|Extended Warranty Period
|Five (5) years, but in no event beyond the End-of-Life Date
Limited Lifetime Warranty
For purposes of this warranty, the “Lifetime” of the Hardware ends on the End-of-Life Date.
“End-of-Life Date” means the respective end of life date, as updated by Sophos from time to time, and published at: https://support.sophos.com/support/s/article/KB-000035279?language=en_US
5. SOPHOS’ OBLIGATION. If the eligible Customer notifies Sophos in writing of a breach of either of the above warranties during the relevant Warranty Period, Sophos’ entire liability and Customer’s sole remedy shall be (at Sophos’ option and subject to these Hardware Warranty Terms): (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 respective original Warranty Period.
6. STANDARD HARDWARE REPLACEMENT
A. Upon perceived failure of the Hardware covered by the foregoing warranties; Customer is required to contact Sophos for a Return Merchandise Authorization (“RMA”) number. Sophos will issue the requested RMA after Sophos determines that the Hardware is eligible for replacement.
B. Customer will return the defective Hardware or component part(s) of the Hardware to the return location designated by Sophos. It must be securely and properly packaged with carriage (and insurance at Customer’s option) prepaid by Customer and the RMA number prominently displayed on the exterior of the packaging.
C. Upon receipt of the defective Hardware by Sophos, Sophos will (at its cost) ship replacement Hardware to Customer. Notwithstanding the foregoing, replacement Hardware may, at Sophos’ sole discretion, be shipped before receipt by Sophos of the Hardware being returned.
D. 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, these Hardware Warranty Terms shall apply just as if Customer had placed a call for warranty coverage.
7. ADVANCE HARDWARE REPLACEMENT
A. For certain Hardware, Customer may be able to purchase a support contract that extends and/ or enhances the Hardware replacement cover. More information can be found at https://www.sophos.com/en-us/support/technical-support.
B. Any extension and/or enhancement under sub Section A above can in no event extend beyond the End-of-Life Date (“Supported Period”).
C. Where a support contract for XG and XGS has been purchased more than thirty (30) days after expiry of (i) any applicable Warranty Period or (ii) the previous support contract, Customer will not be entitled to receive replacement Hardware during the first three (3) months of such support contract (“Waiting Period”), unless reinstatement is purchased at an additional fee to waive the Waiting Period.
D. If the Hardware is covered by a support contract which includes advance hardware replacement and the respective Hardware fails during the Supported Period, Customer is required to contact Sophos for an RMA.
E. Provided the request has not been raised during the Waiting Period, upon approval of the requested RMA, Sophos will ship the replacement Hardware to Customer before the defective Hardware is received by Sophos.
F. Upon Customer’s receipt of the RMA, Customer must, within fifteen (15) calendar days, return the allegedly defective Hardware as directed by Sophos. Customer will use any packaging supplied by Sophos. If no packaging is supplied, Customer will package the defective 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.
8. REPLACEMENT. Any replacement Hardware shipped under these Hardware Warranty Terms may, at Sophos’ sole discretion, (i) be new or refurbished, (ii) be the same or a higher revision model, or (iii) Sophos may repair and return the same Hardware to Customer. The replacement Hardware might not be able to support the same Software (or the same release) used on the defective Hardware.
9. TITLE AND RISK. Title to the Hardware giving rise to a warranty/ support claim under these Hardware Warranty Terms shall pass to Sophos upon receipt by Customer of the replacement Hardware, or on receipt by Sophos of the defective Hardware at the return location indicated by Sophos, whichever is the sooner. Title to replacement Hardware provided to Customer under these Hardware Warranty Terms shall pass to Customer upon shipping by or on behalf of Sophos, or receipt of the defective Hardware by Sophos, 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 insurance desired by Customer.
10. NO FAULT FOUND. Should the Hardware returned by Customer: (i) be deemed by Sophos not to be defective or ‘no fault found’, or (ii) be missing any Hardware or components, Sophos will invoice Customer or direct the applicable reseller or distributor to invoice Customer, and Customer will pay the cost of any replacement Hardware that had been sent to Customer.
11. FAILURE TO RETURN HARDWARE. Where Sophos ships replacement Hardware before receipt of the defective Hardware and Customer fails to return the defective Hardware as requested within thirty (30) days of receiving the 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 the replacement Hardware and Customer will pay such invoice within thirty (30) days of the date of such invoice. Once payment is received by Sophos, title to the replacement Hardware shall pass to Customer.
12. 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 DEFECTIVE HARDWARE BEFORE SHIPPING THE HARDWARE.
A. This Hardware replacement offer covers repair or replacement of the Hardware should it fail due to a manufacturing defect during the Warranty and/ or Supported Period. It does 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 purchased is not available. Sophos does not guarantee backward compatibility of the replacement Hardware.
B. This Hardware replacement offer does 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 neglect, 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.
C. 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.
14. CHANGES. Changes to these Hardware Warranty Terms shall be effective thirty (30) days from the date Customer is advised of changes. Such notice may include posting of the revised Hardware Warranty Policy to this website.
Revision Date: 17 August 2023