The following terms and conditions (including the terms and conditions in the hyperlinks below) (collectively, "Terms") govern:
By placing an order on the Site or returning a Product to Seagate, you are indicating your agreement to these Terms.
Seagate may use an online reseller to operate the Seagate online store and act as the merchant of record for online store transactions.
Capacity to Contract
You represent to Seagate that you are of the legal age of majority in the country, state, or province of your residence (e.g., at least 19 years old if you are a resident of Alabama or Nebraska, 21 years old if you a resident of Mississippi, or 18 years old if you are a resident of any other jurisdiction in the United States).
Your use of the Site, whether you are ordering or returning a Product, you must provide true, accurate, and complete information about yourself as prompted by the applicable webpage, or purchase order or return form, including your name, address, e-mail address, telephone number, and credit or debit card information, as applicable (collectively, "Personal Data").You must maintain and promptly update your Personal Data to keep it true, accurate, current and complete. If Seagate has reasonable grounds to suspect that any part of your Personal Data is untrue, inaccurate, or incomplete, Seagate has the right to suspend or terminate any membership or account you have established, accessed, or maintained through the Site or your purchase order or return order, and that Seagate will have no liability associated with or arising from your failure to maintain accurate Personal Data. You acknowledge that Seagate may send you important information and notices regarding your purchase or return by e-mail or, in certain jurisdictions, by SMS message.
Seagate Warranty, Return Policy and Product Warranty Returns
Limited Warranty Period. Seagate will provide a limited warranty for Seagate products based on published limited warranty periods. Please go to Warranty and Replacements to obtain the length of warranty for your Seagate product.
Limited Warranty Terms. Seagate makes the following limited warranties during the warranty period:
A limited warranty statement may be included with each Product shipped to you. Seagate will be obligated to honor any such warranty only upon Seagate's receipt of payment in full for the Product to be warranted.
Defective Product. If a Product is returned in compliance with these Terms and the Seagate Return Policy, Seagate will provide a functionally equivalent (or better) replacement Product in accordance with your Product warranty. Seagate may replace your Product with a Product that was previously used, repaired and tested to meet Seagate specifications. The turn-around time for your replacement Product is approximately two (2) weeks; but if no replacement Product is immediately available, your turn-around time may be longer. Product that you return to Seagate will not be returned to you if it passes the Seagate warranty validation process. You agree that title to such returned Product will be transferred to Seagate.
If Seagate receives a Product that is not in compliance with these Terms and the Seagate Return Policy, Seagate will notify you using the contact information you provided to Seagate. Seagate will return the Product to you only if you make a written request in accordance with the notification we send to you. In order to request the return of Product, you must provide the information requested in the notice within fifteen (15) days of the date of the notice for US customers and within thirty (30) days of the date of the notice for non-US customers. Seagate reserves the right to charge you a processing and inspection fee for Product or materials returned that are not in compliance with these Terms and the Seagate Return Policy (including cases where returns are found to be tampered or counterfeit Product). Seagate reserves the right to engage with local authorities in cases where it receives tampered or counterfeit Product. Additionally, Seagate reserves the right to reject RMA requests from parties that previously have returned Product or materials not in compliance with these Terms and to scrap or otherwise disposition any Product or materials returned by such parties.
If you would like to request to have the Product returned to you, please include your carrier account number (UPS, FedEx, etc.). Seagate will make the Product to be returned to you available at a designated location so that you can arrange for return shipping to you, which will be at your expense. Depending on your location, you may be required to arrange for collection of the Product from the courier. If Seagate does not receive your written request for Product return and prepayment of the applicable shipping and processing fees within the time periods specified above, Seagate will deem that you wish to abandon the non-compliant Products, and will destroy them on your behalf. In such an event, it will be deemed that you have waived all claims against Seagate relating to the abandoned Products. Any returned Products may also be marked "void" to prevent them from being resubmitted for warranty; we may also remove any unauthorized serial number labels.
Software Warranty. If any Product contains software that is subject to a separate software license agreement, then there is no warranty for that software under the Terms, and any warranty for the software will be contained in the separate software license agreement.
Warranty Not Assignable. The warranties in the Terms extend only to you and may not be assigned or transferred.
Warranty Coverage Exceptions. The warranties in the Terms do not cover any problems caused by (a) accident, abuse, neglect, shock, electrostatic discharge, degaussing, heat or humidity beyond Product specifications; (b) improper installation, operation, maintenance, or modification; (c) any misuse contrary to the instructions in the user manual; (d) lost passwords; or (e) malfunctions caused by other equipment. The warranties in the Terms are void if a Product is returned with removed, damaged, or tampered labels, or any alterations, including the unauthorized removal of any component or external cover.
Warranty Disclaimers. Seagate makes no other representations or warranties, express or implied, or arising from a course of performance, dealing, or trade with respect to the Products furnished under the Terms. SEAGATE DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY OF NON-INFRINGEMENT.
No Other Remedies. The provisions of the warranties and the warranty disclaimers and exclusions in the Terms are reflected in the Product prices. The remedies in this Section are your exclusive remedy and Seagate’s entire liability for any Defective Products. If Seagate is unable to replace or exchange any Defective Product, or provide credit to you, or if any warranties in the Terms are found to have failed of their essential purpose, your exclusive remedy and Seagate’s sole liability in contract, tort, or otherwise will be the payment by Seagate of actual damages in an amount not to exceed the amount paid for the Defective Products.
Warranty Modifications. Seagate may modify this Limited Warranty at any time; however, any modifications will only apply to Product purchased after the effective date of the modification.
Return Materials Authorization. You must obtain an RMA before returning Defective Products to Seagate. To obtain an RMA, you must follow Seagate’s then-current terms and conditions and processes for returns available at Seagate Return Policy. Seagate reserves the right not to process any return that does not comply with the Seagate Return Policy and these Terms.
Advanced Replacement. Where advanced replacement is offered by Seagate, as a condition thereof, the Product must be returned to our warehouse within 25 days of creating the advanced replacement order. If the Product is not returned to our warehouse within 25 days, a flat rate fee based on capacity may be assessed and charged to your credit or debit card ("Asset Recovery Fee"). If you return the Product to Seagate within 15 days after the Asset Recovery Fee is assessed and charged to your account, you may be eligible to receive a partial or full refund of the Asset Recovery Fee, at the discretion of Seagate. Seagate is not responsible for any overdraft or other fees charged to your account in the event your account contains insufficient funds or credit limits to pay the Asset Recovery Fee. In the event Seagate is not able to collect the Asset Recovery Fee in full, you no longer will be eligible to participate in advanced replacement services. Note for Canadian customers: Additional amounts may be collected by Seagate for reimbursement of GST and HST, and where applicable PST, paid in connection with Seagate's importation of equipment to and on behalf of customers in Canada. You will assure that Seagate receives your Returned Products within 30 days of creating the RMA.
No Responsibility for Stored Data. You are responsible for saving or backing up data contained in Products before returning the Products to Seagate. Seagate will have no responsibility for stored data and will have no liability arising out of any damage to or loss of stored data. In order to protect your privacy and other interests in data, delete all data, or as much as possible, from your Product before returning it to Seagate. By returning your Product to Seagate, you agree to the Seagate returns process as described in the Seagate Return Policy including the transfer of your data to countries that may not offer the same level of data protection as your home country, as well as the deletion of your data. For more information about the process Seagate uses to repair Products, please see Data Erasure for Returned Products.
No Return of Modified Products. Seagate will not accept returned Products with nonstandard face plates, nonstandard side rails, adhesive tape, labels, permanent markings, or other residue (collectively, “Modifications”) applied to the Products by you or your customers or end users. You will return all Products in a standard configuration, after removing all Modifications.
Regional Return Centers. You will return all Products to the Seagate return center for the region in which you are located. Please visit www.seagate.com/support/service-centers for a list of Seagate Service Centers in your region.
Returns to Wrong Return Center. Seagate is not obligated to provide warranty service for Products returned to the wrong return center. Please refer to the Seagate Return Location address provided in the RMA confirmation sent to you by Seagate for the product that you are returning.
Replacement and Exchanges. If Seagate provides replaced or exchanged Products for the Defective Products, Seagate will ship the replaced or exchanged Product to you CPT destination (Incoterms 2020), excluding customs clearance, duty, and taxes. Seagate will provide the same limited warranty for the replaced or exchanged Product for the remainder of the original limited warranty period or 90 days, whichever is greater.
Inspection and Testing. Seagate may inspect and test any returned Products to determine if they are eligible for warranty coverage. Seagate may deny warranty coverage if (a) the Products are not Defective Products; (b) the Products are returned after expiration of the warranty; (c) the Products are damaged or tampered; (d) the goods returned were not Products made or originally sold by Seagate; or (e) the Products are subject to any other exception or exclusion specified in the Terms. If any returned Product is not eligible for warranty coverage under the Terms, Seagate may cancel any credit issued and charge you US$50 per unit testing and handling fee in addition to any other costs or damages incurred. At Seagate’s discretion, Seagate may dispose of the returned Products or return the Products to you freight collect.
Seagate validates every warranty claim through visual, mechanical, and functional testing to ensure that the returned Product is in compliance with the Seagate Return Policy and the Seagate Warranty Void Checklist. Please refer to the warranty statement supplied with your Product and the Seagate Return Policy for additional information. Please also refer to the Seagate Warranty Void Checklist as a visual aid for guidance regarding other factors that could affect that status of your warranty claim. For additional assistance regarding return of Products, please see Warranty and Replacements Assistance. Please note that evidence of the following will result in rejected warranty claims:
Order Acceptance. Seagate will only accept orders for Products in compliance with all applicable laws, statutes, ordinances and regulations and from persons of the legal age of majority in the country, state or province of their residence.
Your orders are subject to acceptance by Seagate in Seagate’s discretion. Seagate may partially accept an order without accepting the entire order. If Seagate accepts an order by shipping Products or otherwise fulfilling the order, (a) Seagate’s acceptance will only be effective to the extent of the actual Products shipped or portion of the order fulfilled, and (b) Seagate will charge your credit or debit card upon such shipment. Where payment is made by credit or debit card, such payment is subject to the approval of the financial institution issuing the credit or debit card, and Seagate will not be liable in any way if such financial institution refuses to accept or honor the credit/debit card for any reason.
Your receipt of an electronic or other form of order confirmation does not signify Seagate's acceptance of your order, nor does it constitute confirmation of the order or Seagate's offer to sell. Seagate reserves the right, without prior notification, to accept or decline your order or limit the order quantity for any reason.
Terms of payment will be determined in Seagate's discretion and as otherwise agreed to by Seagate in writing.
Seagate may require, at Seagate's option, that any order placed over certain dollar amounts receive Seagate's pre-approval. Seagate may also require additional verification or information before accepting any order. Seagate reserves the right to refuse service, cancel your order, or refuse shipments of returned merchandise if Seagate believes that your order was placed with the intent to violate Seagate warranty policies or these Terms, including without limitation the Seagate Return Policy.
Seagate may require minimum order requirements, as communicated by Seagate from time to time.
Prices, Shipping and Handling Charges. Unless otherwise noted, shipping, handling, customs, duties and taxes (as applicable) will be shown as additional charges on the invoice. In accordance with the Seagate Return Policy, you must pay all applicable duties and customs charges for shipments to and from Seagate.
Sales and Other Taxes. You will pay all applicable transaction taxes, including excise, federal, state, or local sales or use taxes, goods and services tax, consumption taxes, value added taxes, business, transaction, or any other taxes, as well as any other duties, charges, fees, copyright levies, WEEE compliance costs, charges related to any packaging directive or other assessments, imposed or collected by any governmental or semi-governmental entity that Seagate is legally obligated to charge (collectively “Taxes”). Seagate may charge you for any Taxes, but Seagate’s failure to include any Taxes in Seagate’s invoice or other acceptance does not relieve you of your obligation to pay the Taxes or reimburse Seagate for any Taxes paid by Seagate.
Typographical Errors. In the event a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or Product information received from Seagate's suppliers, Seagate will have the right to refuse or cancel any orders placed for Products listed at the incorrect price. Seagate will have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card has been charged. If your credit or debit card has already been charged for the purchase and your order is canceled, Seagate will immediately issue a credit to your credit or debit card account in the amount of the charge.
Product Availability. Although availability may be indicated on the Site, Seagate cannot guarantee Product availability and Products may not be available for immediate delivery. Seagate reserves the right, without liability or prior notice, to revise, discontinue or cease to make available any or all Products or to cancel any order. If there is any revision, discontinuance or cessation, Seagate may, in Seagate's discretion, ship Products which have substantially similar functionality and specifications to the Products ordered, or cancel your order.
If there is a shortage of any Products, Seagate’s ability to provide Products at agreed upon quantities will be subject to allocation and Seagate will have no liability with respect to any allocation changes.
Title and Risk of Loss. For orders that meet these Terms, Seagate will ship the Products CPT destination (Incoterms 2020) to you. Seagate will arrange and pay the cost of carriage to destination. Title and risk of loss will pass to you when Seagate has fulfilled its obligation to deliver the Products to the carrier or other person nominated to collect the Products at the outgoing shipping dock of Seagate’s designated shipping facility.
You will be responsible for any risk of loss or damage to the Products after Seagate delivers them to the shipping carrier. In the event of any damage or loss during transit, it is your responsibility to file a claim with the shipping carrier.
Seagate welcomes all comments, feedback, information or materials, which you submit to Seagate through or in conjunction with your use of any features or purchase order or return features available on the Site ("Feedback"). Feedback does not include the details of your registration and orders. Please note that your Feedback will be considered non-confidential and become Seagate's property, so please do not provide any non-required personal information or other sensitive information. By submitting your Feedback to Seagate, you agree to a no charge assignment to Seagate of all right, title and interest in copyrights and other intellectual property rights on a worldwide basis to your Feedback. Seagate will be free to use your Feedback on an unrestricted basis.
Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the purchase or return features of the Site. Seagate may, in Seagate's sole discretion, report actual or perceived violations to law enforcement or appropriate authorities. If Seagate becomes aware, through a complaint or otherwise, of any potential or suspected violation of these Terms or the Terms and Conditions of the Site, Seagate may (but is not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation Seagate may suspend services to you if you are implicated of removing or remove any material from Seagate's servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of these Terms or the Terms and Conditions of the Site could be subject to criminal or civil penalties.
Termination of Usage
Seagate may terminate or suspend any account or membership you established, access, maintain through this Site or suspend your access to or use of any ordering or return features of the Site, without notice, for any conduct that Seagate believes is disruptive to the Site or is in violation of any applicable law or these Terms, including without limitation Seagate warranty policies or the Seagate Return Policy.
Disclaimer and Limitation of Liability as to Products Sold
Limitation of Amount of Liability. The liability of Seagate to you, regardless of the basis of liability or the form of action, will not exceed the total price paid to Seagate by you during the 12 months immediately preceding the loss, net of all discounts, and refunds, for the Products directly causing the liability.
No Liability for Cost of Cover. Seagate will not be liable for costs of procurement of substitute goods by anyone under any circumstances.
No Liability for Lost Data. Seagate will not be liable for lost data under any circumstances.
No Consequential Damages. SEAGATE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE, AND REGARDLESS OF WHETHER SEAGATE HAS BEEN ADVISED OF THE POSSIBILITY OF INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.
Purpose and Applicability. The purpose of this Section is to limit the potential liability of Seagate arising out of the Terms and the foregoing allocation of risk is reflected in the prices of the Products. This Section will apply notwithstanding any other provisions of the Terms or the failure of any remedy of its essential purpose.
Copyright and Trademark Notice
You will assure that any copyright or trademark notice affixed on any Products provided through the Site remains affixed on the Products at all times.
Jurisdiction and Governing Law
Seagate makes no representation that any Products offered on the Site are appropriate for use at locations outside of the United States, and access to the order features on the Site from countries outside of the United States is prohibited. In addition, Seagate makes no representation that any return features or services available on the Site are appropriate or legal for those individuals using or accessing them outside of the United States. If you are using or accessing the Site from a location outside of the United States, you are responsible for compliance with all local laws.
The laws of the State of California, USA, govern the Terms, without regard to any conflicts-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Terms. These Terms are in English, and all communications and proceedings must be conducted in English. If the Terms are translated, the English language version will control.
Any legal proceeding arising out of the use of the purchase or return features of the Site and these Terms must be brought in Santa Clara County, California and must be brought within one year after the claim or cause of action arises or it is barred. You irrevocably submit to the personal jurisdiction and venue of the State and Federal courts located in Santa Clara County, California for all litigated disputes under these Terms, and waives all defenses thereto including the defense of forum nonconveniens.
International Trade Compliance
International Trade Compliance. The Products licensed or sold under the Terms, and the transaction contemplated by the Terms are subject to the customs and export control laws and regulations of the United States and may also be subject to the customs and export laws and regulations of the country in which the Products are manufactured or received. Under United States law, the Products shipped under the Terms may not be sold, leased, or otherwise transferred to restricted countries, or used by a restricted end-user or an end-user engaged in activities related to weapons of mass destruction including, activities related to designing, developing, producing, or using nuclear weapons, materials, or facilities, missiles or supporting missile projects, or chemical or biological weapons.
The terms of the Terms are severable. If any term is unenforceable for any reason, that term will be enforced to the fullest extent possible, and the Terms will remain in effect. All obligations that by their terms or nature survive termination of the Terms will continue until fully performed.
Products offered on the Site are solely for the use of Seagate's customers.
You may not assign your rights or delegation of your obligations under these Terms without Seagate's express written consent. When referring to Product capacity: one terabyte, or TB, equals 1,000 gigabytes; one gigabyte, or GB, equals one billion bytes; and one megabyte, or MB, equals one million bytes. Accessible capacity may vary depending on operating environment and formatting.
You will not assign the Terms or any right or interest, or delegate any obligation, under the Terms to any other party. Any attempted assignment or delegation by you without Seagate’s consent is void. Seagate may assign or transfer the Terms and any rights or obligations under the Terms to any Seagate affiliate by written notice to you.
Neither party will be liable to the other if its performance is delayed by circumstances beyond its reasonable control.
These Terms and the documents referred to in the Terms constitute the entire agreement of the parties with respect to this subject matter, superseding all prior agreements between the parties, and expressly excludes any of your general terms and conditions, including boilerplate terms, contained in any purchase order or other document issued by you. This Terms may be changed by written amendment signed by both parties.
Technical Service and Support
All requests for technical service and support for Products purchased should be made directly to the person or entity identified on the packaging of the Products or in any documentation provided with the Products in accordance with the terms and conditions set forth on or in such packaging or documentation. If you need assistance in determining who to contact or if you would like more information on technical service and support, please contact us.
How to Contact Seagate
If you have any comments or questions, please do not hesitate to contact us. Please go to www.seagate.com/contacts for options.
Rev. May 11, 2020