Warranty

ADVANCED BATTLESTATIONS Limited Warranty
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1. Standard Warranty

Magnell Associate, Inc. dba ADVANCED BATTLESTATIONS ("ABS") warrants the replacement or repair of an ABS-brand computer system, including desktops and laptops (“System(s)”) that is defective in material or workmanship for up to one (1) year from the date of purchase, unless otherwise specified on special items (the “Standard Warranty”).
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a. Systems may be returned for repair within one (1) year from the date of purchase by the customer from an authorized online retailer.
b. This limited Standard Warranty covers only the original software and original hardware that was installed in the System by ABS.
c. The Standard Warranty only applies to defects in materials and/or workmanship which occur during normal use.
d. The Standard Warranty only applies to Systems purchased from an authorized online retailer by customers in the United States or Canada.
e. The Standard Warranty only extends to the original customer and is not transferable to anyone who subsequently purchases, leases or otherwise obtains the System from the original customer.
f. The Standard Warranty will be voided if the original serial number on the System or components is invalid or removed, whether unintentionally or intentionally.
g. The rights extended to the customer under the Standard Warranty, and ABS’s obligations under the Standard Warranty are conditioned upon the return of the System to ABS by the customer (see RMA Policies and Procedures, below).

2. Exceptions to Standard Warranty

a. Wear and Tear. The Standard Warranty does not cover components requiring replacement due to standard wear and tear during normal operations, including System fans, LEDs and lighting, cables and the paint finish.
b. Excessive Use. The Standard Warranty does not cover the replacement of parts due to use of the System that exceeds normal use in accordance with published instructions.
c. Improper Maintenance. The Standard Warranty does not cover the replacement of parts due to improper maintenance of the System and/or the components of the System. Customers should store the System in a clean area at room temperature, and should inspect the System regularly for dust buildup that may cause damage to System components. If you require assistance with maintenance, you may contact the ABS Customer Care Center at (800) 685-3471 or customercare@abs.com
d. Modification. The Standard Warranty does not apply to those Systems that are damaged due to modification by any party other than ABS.
e. Physical Damage. The Standard Warranty does not cover damage resulting from improper handling, negligence, intentional acts, misuse and abuse, and such damage will void the Standard Warranty. The customer will also be required to pay for return shipping of the System (see RMA Policies and Procedures, below). Intentional acts resulting in damage shall include, but not be limited to, improper installation of CPU fans or other components (which may cause pins to bend or otherwise damage components), and/or improper clocking of the CPU (which may cause the CPU to chip or burn).
f. Shipment Damage. The Standard Warranty does not extend to Systems that are damaged during shipment.
g. Cosmetic Damage. The Standard Warranty does not cover cosmetic damage that does not affect the functionality of the System, including, but not limited to, scratches, cracks or chips on the paint finish.
h. Force Majeure. The Standard Warranty does not cover System damage due to extraneous events not directly-related to the workmanship or material of the System including, but not limited to, surges, floods and fires.
i. Software. The Standard Warranty does not apply to software, including the operating system, provided by the original manufacturer, whether installed by ABS during the manufacture of System or otherwise.
j. Online Auctions. Systems purchased through third-party online auctions are not covered by the Standard Warranty.
k. Data. The Standard Warranty does not cover the availability, retention or loss of data stored on any storage medium on the System. ABS will format and/or replace storage devices that may or may not contain customer data, as necessary, in order to fulfill the obligations of the Standard Warranty. Customers are encouraged to back up their data regularly.
l. Parts and Peripherals. The Standard Warranty only applies to the System, including the components (parts and peripherals) installed by ABS during the manufacture of System. The Standard Warranty does NOT apply to:
- Non-ABS-brand parts and peripherals installed in the System by the customer or other user; or
- ABS-brand parts and peripherals ("Parts and Peripherals") purchased separately by the customer but not installed by ABS during the manufacture of System; such Parts and Peripherals may be covered by the ABS-brand Parts and Peripherals Warranty (see below).

Email Information
In addition to providing the foregoing information to our partners, if you choose to correspond further with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received by mail and telephone.

3. Standard Limited Warranty Claim

a. Repair or Replacement. ABS, at its option, may either:
i. repair or replace the System with a new reconditioned or refurbished System of equal or greater capacity, or another equivalent System; or
ii. refund the current market value of the System at the time the Standard Warranty claim is made (if ABS is unable to repair or replace the system).
In the case of replacements, ABS may replace the System with one that was previously used, repaired, and tested to meet ABS specifications.
b. No Problem Found. If a System that is returned to ABS for repair or replacement is deemed to be working properly and not defective ("No Problem Found"), the customer will be charged a non-refundable ninety dollar (US$90) diagnostic fee, and will be required to pay for return shipping (see RMA Policies and Procedures, below).

4. ABS-brand Parts and Peripherals Warranty

ABS-brand Parts and Peripherals purchased separately (not installed by ABS during the manufacture of the System) are covered by a thirty (30) day warranty against defects in material and workmanship, unless otherwise noted in the product description.

5. Out of Warranty Repairs

Any repair services provided by ABS to customers after the expiration of the applicable warranty (“Out of Warranty”) shall be subject to the terms of ABS’s Out-of-Warranty service procedures and any applicable service order (see RMA Policies and Procedures, below).

6. RMA Policies and Procedures

Systems, Parts and Peripherals that customers return to ABS for Warranty or Out of Warranty repair or replacement are subject to the following policies and procedures:

. The RMA Number must appear clearly and legibly on the exterior of every package sent to ABS. Customers should use a thick permanent marker to mark at least two sides of the box with the RMA number assigned. If a box is missing the RMA number, delivery of the package will be refused by ABS.
a. The assigned RMA number is valid for ten (10) business days from the date that it was issued. Systems and/or Parts and Peripherals received for RMA after the expiration of the RMA number will be assessed a sixty dollar (US$60) service and handling charge.
b. For desktop repairs, send only the parts you are instructed to send by the ABS Customer Care agent. Unless instructed otherwise, do not send power cords, software or accessories.
c. Repair service orders that are received, but are missing any of items requested by the ABS Customer Care agent will be rejected. ABS will not pay additional shipping charges customer may incur for shipping missing items.
d. Before sending the System to ABS for repair, customer must delete confidential, proprietary or personal information from storage drives, and remove any removable media such as disks or memory cards.
e. Out of Warranty. RMA items that are determined to be Out of Warranty will be charged at the rate of sixty dollars (US$60) per hour, with a two (2) hour minimum, for labor and diagnostics, plus the cost of repair parts and return shipping and handling costs. In the event a system is determined to be Out of Warranty, ABS will obtain the customer's permission to proceed with repairs prior to incurring any charges.
f. Shipping Policy
· ABS is not responsible for lost or damaged packages during the shipping process.
· Customer must use FedEx, UPS, or DHL to ship the package back to ABS to ensure proof of delivery.
· Customer must insure the package against damages and loss. System should be packed in the original box, if possible, or packed securely in an appropriately-sized box.
· If the RMA is requested within the initial thirty (30) days from the date of purchase, ABS will cover two-way standard shipping for the repair or replacement of the Systems and Parts and Peripherals.
· If the RMA is requested after the initial thirty (30) days from the date of purchase, but still within the warranty period, the customer is responsible only to pay for shipping to ABS.
· If the RMA item is Out of Warranty, the customer is responsible for paying shipping both ways. Address for RMA Repairs/Refunds: ABS Computer Technologies
Attn: RMA Center 17560 Rowland St. City of Industry, CA 91748
g. Abandoned Systems Policy. If a customer refuses to pay for return shipping as set out in the service and warranty guidelines, ABS will hold the System or Parts and Peripherals for up to forty-five (45) days after which the system will be considered “abandoned” and ABS will relinquish responsibility for the items and will dispose of them accordingly.
h. Advanced Replacement Policy (Commercial Customers Only). Advanced replacement may be requested if replacement parts are needed immediately. Customers must ship the original item back to ABS within ten (10) days of this request. For all Advance Replacement transactions, a credit card number is required and will be held to ensure the return of the original item. There will be a ten (10) day hold for the current price of the item being shipped. If the item is not received within ten (10) calendar days of the request, ABS will charge the credit card accordingly. Requests received after 4:00PM PST will be processed the following business day. Contact the ABS Customer Care Center at (800) 685-3471 or customercare@abs.com for assistance.

7. Warranty Disclaimer

ABS MAKES NO REPRESENTATION OR EXPRESS WARRANTY EXCEPT AS STATED IN THESE TERMS. ABS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. IF ABS CANNOT DISCLAIM IMPLIED WARRANTIES UNDER APPLICABLE LAW, THEN TO THE EXTENT POSSIBLE, SUCH IMPLIED WARRANTIES ARE LIMITED TO THE DURATION OF THE EXPRESS WARRANTY.

8. Limitation of Liability

IN NO EVENT SHALL ABS BE LIABLE TO YOU OR TO ANY THIRD PARTY CLAIMING THROUGH OR UNDER YOU, FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING DAMAGES ARISING FROM LOSS, DESTRUCTION, TRANSFORMATION OR CORRUPTION OF DATA, OR LOSS OF BUSINESS, REVENUE, OR PROFITS, WHETHER OR NOT ABS HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN ALL CIRCUMSTANCES, ABS’S MAXIMUM LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID FOR THE PURCHASE OF THE ABS SYSTEM OR ABS-BRAND PARTS AND PERIPHERALS. ABS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS WHICH EXCEEDS THIS LIABILITY LIMIT.

9. Statutory Rights

The laws and regulations of the country, state and/or municipality in which you reside may confer you with rights which cannot be excluded, restricted or modified by the warranties herein (“Statutory Rights”). If these Statutory Rights apply to you, some terms of the warranties may be excluded.

10. Commercial Customers Only

ABS extends the warranties to purchasers of Systems and Parts and Peripherals for industrial, commercial and business use upon the same terms, conditions and exclusions applicable to consumer purchasers. HOWEVER, WITH RESPECT TO COMMERCIAL CUSTOMERS, ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, ARE EXCLUDED AND DISCLAIMED.

11. Governing Law

The terms of the warranties shall be governed by and construed in accordance with the laws of the State of California, exclusive of choice of law rules.

12. Arbitration

Customer and ABS agree that any dispute or controversy arising out of, in relation to, or in connection with the terms of the warranties shall be finally settled by binding arbitration in Los Angeles, California under the then-current rules of JAMS (formerly known as Judicial Arbitration & Mediation Services) by one (1) arbitrator appointed in accordance with such rules.

13. General

The terms of the warranties, including all documents referred to herein which are incorporated by this reference, constitute the entire agreement between customer and ABS with respect to the warranties and fully supersede any and all prior or contemporaneous written or oral communications or agreements with respect to the warranties. If any provision contained in the terms of the warranties is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of the terms of the warranties, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable. No modification, amendment or waiver of any term or condition hereof shall be effective unless consented to in writing by ABS.

14. Privacy Policy

Any customer information provided to ABS is subject to ABS’s Privacy Policy. The full ABS Privacy Policy may be viewed here.

15. Contact

If you need to file claim due to a malfunction issue with your ABS Gaming device in the first 30 days of purchase, please call this number:
1 (800) 685-3471 Monday - Friday between 8:00AM to 5:30PM PST

If you need to file claim due to a malfunction issue with your ABS Gaming device after 30 days of purchase, please call this number or use this link:
1 (877) 680-0272 Monday - Friday between 7:00AM to 7:00 PM CST
US: https://onlineportal-us.likewize.com/neweggabs-us
CA: https://onlineportal-ca.likewize.com/neweggabs-ca