Warranty Policy

Scope of Warranty:

HYPER SOLUTIONS, INC. (“HYPER”) warrants that, for a period of twelve (12) months from the date of start-up of the product purchased from HYPER or eighteen (18) months from date of shipment of such product, whichever occurs first (the “Warranty Period”), such product shall conform to the applicable specifications approved in writing by HYPER, and such product shall be free of defects in both material and workmanship. This warranty is specific to this product and applies only to the first purchaser during the Warranty Period (the “Customer”) and may not be transferred or enforced by any other party.

Warranty Service:

If, in the sole judgment of HYPER or its designated representative, the product does not conform to the applicable specifications approved in writing by HYPER for the product, or is found to be defective in material or workmanship, HYPER will at its option, either: (a) repair or replace the product, or refund the product purchase price to the Customer, or (b ) furnish a service representative to correct the defects with the product.

Obtaining Service:

To obtain warranty service, Customer should contact HYPER directly at the address below. HYPER may, at its option, refer customer to a HYPER designated representative, or provide Customer with authorized instructions on the return of the product to HYPER, or its designee, for assessment. Any product shipped to HYPER or its designee pursuant to HYPER’s authorized return instructions shall be shipped F.O.B. to HYPER at the address below or as otherwise specified by HYPER. All return freight charges incurred shall be the sole responsibility of HYPER.

Warranty Exclusions:

This warranty does not cover or shall be void with respect to the following:

  1. Any product which Customer fails to ship to HYPER within thirty (30) days of receipt of HYPER’s authorized return instructions after submitting a warranty claim to HYPER.
  2. Any defective or damaged products, parts or components resulting directly or indirectly from the use of repair or replacement parts not manufactured or approved by HYPER or from Customer’s failure to store, maintain, and operate the product according to recommendations contained in any documentation or instructions provided with the product as well as under standard engineering practices.
  3. Any product for which Customer does not have documentation showing that regular maintenance work has been carried out utilizing genuine HYPER Components. HYPER or its designated representative may require proof of maintenance prior to rendering any decision on the validity of a warranty request.
  4. Any alleged product defect resulting from deterioration or wear occasioned by misuse.
  5. Component parts or assemblies not manufactured by HYPER to the extent that such component parts or assemblies are not warranted by the original manufacturer. Further, HYPER shall have no responsibility for any cost or expense incurred by Customer due to the inability of HYPER to repair a component part or assembly under said third-party manufacturer warranty when such inability is beyond the control of HYPER or is caused solely by the Customer.

Additional Limitations:

The warranty service and procedures described in this warranty constitutes Customer’s sole and exclusive remedy for any claim hereunder. HYPER MAKES NO WARRANTIES, REPRESENTATIONS OR PROMISES AS TO THE QUALITY, PERFORMANCE OR OTHERWISE WITH RESPECT TO ITS PRODUCTS OTHER THAN THOSE SPECIFICALLY STATED IN THIS WARRANTY. FURTHER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, HYPER EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL HYPER’S LIABILITY, WHETHER BASED ON CONTRACT, TORT, WARRANTY, STRICT LIABILITY, OR ANY OTHER THEORY, EXCEED THE PRICE OF THE INDIVIDUAL PRODUCT WHOSE DEFECT FOR DAMAGE IS THE BASIS OF THE CLAIM. HYPER SHALL NOT BE RESPONSIBLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, OR LOSS OF USE OF FACILITIES OR EQUIPMENT.