After-Sales Repair Service Policy

 

Latest version effective date:

 

General Provisions

This After-Sales Repair Service Policy (hereinafter referred to as "Policy") is agreed as between the Customer (hereinafter referred to as "Customer" or "You" in Article 1.1 of this Policy) and NagahausGlobal (hereinafter referred to as " NagahausGlobal" or "we", as further defined in paragraph 1.2 of this Policy) in relation to your purchase from us of the Products (i.e. AvalonMiners, NOT including Power Supply Units in this Policy) listed on https://nagahausglobal.com (hereinafter referred to as "this website"). You agree to accept this Policy as the basis of a contract between you and us for after-sales repair services, which shall be mandatory and binding on both you and us. If there are other mandatory provisions in the laws, regulations and rules of Singapore (hereinafter referred to as "Singapore laws") for the time being in force, or if there is a separate written agreement between the parties, the provisions of this Policy and such separate written agreement shall apply and be binding on you and us to the maximum extent that is permitted under Singapore laws.

Please read this Policy carefully. By contacting online customer service through Email: [email protected], you shall be deemed to have fully read and understood this Policy, and to have voluntarily accepted the terms and conditions of this Policy. NagahausGlobal shall have the right to revise this Policy at any time to the maximum extent permitted by applicable law and announce it on this Website. The revised terms will automatically take effect after the relevant announcement. If you do not agree with this Policy, please do not purchase the Products on this website, otherwise you shall be deemed to have fully accepted the terms and conditions of this Policy.

Should any question arise in respect of the meaning or interpretation of any term or condition of this Policy, you agree to accept as binding, conclusive and final all interpretations provided by NagahausGlobal on any such question.

Article 1      Definition

The following words shall have the following meanings unless otherwise defined or the context requires otherwise:

1.1  "Customer" means the natural and/or legal persons and/or other organizations who purchase Products or services from this website.

1.2  " NagahausGlobal" and "we", "our " and "us" refer to Nagahaus Sdn Bhd, and its affiliates and subsidiaries.

1.3  "This website", means https://nagahausglobal.com .

1.4  "Products" means the Products such as AvalonMiner published and sold on this website, but not including Power Supply Units.

1.5  "Returned Products" means the out-of-order Products that cannot operate normally and need to be repaired.

1.6  "After-sales repair service" refers to the repair service provided by NagahausGlobal and/or third parties (recommended by NagahausGlobal) for the Product within the warranty period, and we shall have the right to choose different repair methods independently, including but not limited to: replace the Product, repair the Product, replace parts of the Product, etc.

1.7  "Warranty period" refers to the period during which we provide free repair services to our Customers, starting from the date of dispatch (as such date is indicated on this website). Please refer to our sales webpage for the different warranty periods for different Products.

1.8  "In writing" means in the form of a contract, commitment letter, fax, or email.

1.9  "Singapore law" refers to the laws, rules, regulations and other mandatory binding normative documents for the time being in force in Singapore.

Article 2      After-sales repair service application

2.1  If your purchased Product fails to operate normally and you need to apply for after-sales repair service, you should first contact customer service through Email: [email protected], and a repair work order (hereinafter referred to as "work order") will be established.

2.2  When applying to establish a work order, you must provide us with the necessary Product information, including but not limited to the SN number of the Product, the Product model, the logistics number, the problem of the Product, the number of the Products, your contact information, the delivery address and such other information as we consider necessary. The information of the Returned Products you send to us shall be consistent with the information in the work order, otherwise we have the right to refuse to accept the Returned Products, or not to repair them after receipt, or to provide repair service based on the information in the work order at our own discretion and resend the Returned Products back to you, and you shall bear all the resulting costs and any losses caused to you.

Article 3      Repair of the Returned Products

3.1  The current method of our provision of the after-sales repair services is to repair the Products returned to us by you. You are responsible for all costs and risks associated with returning the Products for repair to our designated repair facility.

3.2  Please back up all the data in the Returned Products before sending them for repair, and delete the data in the Returned Product. If you claim that any data saved in the Returned Products is damaged or lost after repair, we will not be responsible for any and all losses caused to you, and such losses shall be borne solely by you. You represent and warrant that your Product does not contain illegal files or data.

3.3  When you return the Products for repair, please use the original Product package, or use a package for transportation that has a similar effect with the original Product package, such as a package which is waterproof, drop-proof, and conducive for long-distance transport and repeated disassembly. If the Products are damaged or lost during transportation, all losses caused will be borne by you, and NagahausGlobal shall not be liable for any such damage or loss in any event.

3.4  We have the right to refuse to accept the Returned Products if any of the following circumstances when the Returned Products you sent arrive at our designated repair facility:

3.4.1 You have not yet applied to establish a work order through Email: [email protected];

3.4.2 The Information of the Returned Products you sent is inconsistent with the information contained in the work order established for you;

3.4.3 You have not paid for the shipping costs of the Returned Products; or

3.4.4 Returned Products are returned without the requisite package (as set out under Article 3.3 above) or the package has been severely damaged.

3.5  In the event of any of the circumstances described in Article 3.4 occurs, we will not assume any responsibility for the rejection of the Returned Products. We may inform you of the reasons for our rejection and communicate with you about the follow-up matters at that time. We may also choose to accept the Returned Products, but in the event any of the circumstances mentioned in Article 3.4 occurs, we will require you to bear all the resulting costs (including but not limited to the transportation costs you need to pay for sending the Returned Products, the destruction and loss of the Returned Products in the process of transportation, the direct or indirect economic losses if the Returned Products cannot be repaired in time, etc.) and NagahausGlobal shall not be liable for any such loss in any event.

3.6  If there is no occurrence of any of the circumstances described in Article 3.4, we will accept your package and unpack it to check for the problems of the Products. By sending the Returned Products to our designated repair facility, you acknowledge and agree that we have the right to disassemble, analyze and repair the Returned Products after receiving them from you.

3.7  By sending a Return Product to our designated repair facility, you acknowledge and agree that we are not required to send back the part or Product that was replaced during the repair service and that such part or Product will remain the property of NagahausGlobal, while the part or Product after replacement will be your property. You understand and agree that the Product or part that we replaced for you may not be new, but will work well and have the same performance as the Product or part being replaced. Except for the situations where the Products are not eligible for repair or to be repaired for free as provided herein, the Product or part that we replaced for you will continue to be eligible for free repair for the remainder of the original Product's warranty period.

3.8  In order to improve the efficiency and quality of the after-sales repair service, we have the right to choose any one or more ways to repair the Returned Products according to their actual situation, such as to replace the whole Products, to repair the Products, or to replace parts of the Products.

Article 4      Repair Policy

4.1  Repair policy within the warranty period

4.1.1 Except for the situations where the Products are not eligible for repair to be repaired for free as provided herein, if the Products are out of order within the warranty period, we will provide free repair service for the Returned Products and bear the transportation cost of sending them back to you after repair. Please see Article 6 of this Policy for details of the policy of sending back the Products after repair.

4.1.2 If the Product is out of order within the warranty period, you should contact the customer service at Email: [email protected] to establish a work order within the warranty period, then send out the Products to our designated repair facility and provide us with the certificate of consignment within 3days from the date of the establishment of the work order. If the Returned Product are not sent out within the above agreed period, we have the right to determine whether the Returned Product is within the warranty period based on the actual arrival date. If any situation stipulated in Article 3.4 of this Policy occurs so that we are entitled to reject the Returned Product, we have the right to determine whether the Returned Product is within the warranty period based on the date that the Returned Product is actually accepted.

4.1.3 If after we accept, unpack and check the Returned Product, we find that the Returned Product falls within the circumstance where we are not required to repair it or repair it free of charge as agreed in this Policy, we will contact you and send the Returned Product back to you according to the shipping address you submitted in the work order, and you shall bear the relevant shipping costs. If you do not pay the shipping costs in advance, you agree that we have the right to send the Returned Product on the freight collect basis, and the risks of damage or loss of the Returned Product during such shipping process back to you shall be borne solely by you.

4.2  Repair out of the warranty period  

4.2.1 NagahausGlobal shall not be required to repair the Products that fall outside the warranty period, nor shall it be required to repair Products where any of the conditions specified in Article 5 of this Policy occurs.

4.2.2 For Products which require repair services that are not within the warranty period and/or are not eligible to be repaired free of charge under this Policy, we may provide you with the contact information of a third-party repair service provider, and you can contact them yourself for repair.

4.2.3 Third-party service providers will give repair quotes based on the actual situation of the Returned Products, and the specific price for repair shall be subject to the quotation of the third-party service provider.

4.2.4 We do not assume any responsibility for the repair methods, repair quotations and repair results of the third-party service providers, and you should negotiate with the third-party service providers yourself if any problems arise.

4.2.5 If any of the circumstances stipulated in Article 5.2 of this Policy exist, we will not provide you with the repair services, nor will we recommend a third party service provider to provide repair services to you.

Article 5      Circumstances where no free repair and no repair

5.1  No free repair

NagahausGlobal shall not be required to repair your Product free of charge if any of the following circumstances occurs.

5.1.1 The Product is out of the warranty period as agreed;

5.1.2 The Product is damaged by others (other than the repair facilities designated by NagahausGlobal);

5.1.3 Fans, fan extension cables and other vulnerable parts are damaged without warranty;

5.1.4 Damages to the Product are caused by the use of POE switches;

5.1.5 The Product has been disassembled, reassembled, or has been replaced with other parts by someone else (other than the repair facilities designated by NagahausGlobal), resulting in the failure of the Product;

5.1.6 The Product’s tamper-proof label is torn or the serial number label on the whole Product, the computing board, control board, power supply and/or other accessories of the Products has been altered;

5.1.7 Failure or damage to the Product is caused by the use of firmware not authorized by NagahausGlobal and the overclocking firmware, or by the modification of the firmware using third-party tools;

5.1.8 The Product is not used, maintained or cared for in accordance with the requirements of use, or damaged due to your improper use;

5.1.9 Certain parts of the Product are missing, including but not limited to control boards, computing boards, power supplies, fans, connecting cables, conductive strips, etc.;

5.1.10 The Product is damaged due to the damages of the circuit boards and components caused by immersion in liquid or environmental causes, corrosion, oxidation, short circuit, etc.;

5.1.11 The Product is damaged due to physical causes, including but not limited to corrosive environments, surges, temperature extremes, drops, abnormal operating conditions, etc.;

5.1.12 The Product is damaged or lost due to accident, theft, misuse, abuse, negligence, mishandling, improper installation, non-compliant maintenance and storage;

5.1.13 Some or all of the control boards and computing boards in the Product are not original to the machine or in any way that makes it impossible for us to determine whether the control boards or computing boards are original to the Product;

5.1.14 The Product sent for repair is without proper packaging, including but not limited to shipping them bare, without cushioning packaging materials, etc.;

5.1.15 The Product is damaged due to force majeure, etc.; or

5.1.16 Any circumstances where we are unable to determine whether the Product is under the warranty period.

5.2  No repair

NagahausGlobal will not repair your Product if any of the following circumstances exist.

5.2.1 The Product is not a AvalonMiner series Product or is a counterfeit Product;

5.2.2 The Product is damaged due to the use of third-party overclocking software or firmware;

5.2.3 Normal wear and tear in use, surface scratches, rust spots and cracks that do not affect the normal operation of the Product;

5.2.4 The Product is scrapped due to burned boards, Product corrosion/oxidation, dislodged chip pad pins, broken PCBs, inaccessible board holes, use of POE switches, etc.; or

5.2.5 If NagahausGlobal determines that you have intentionally concealed any of the above situation which would disqualify the Products from being repaired by us, including but not limited to intentionally falsifying or replacing the barcode of Product parts, or using the loopholes of this clause in an attempt to obtain after-sales repair services that you are not entitled to, NagahausGlobal will not repair any Products or parts related to the aforementioned acts.

Article 6      Policy for sending back the Products after repair

6.1  We have the right to choose the shipping method and carrier for sending back the Products after repair based on the shipping address you submit in the work order.

6.2  If your Product belongs to the case of no free repair or no repair, and you choose not to repair and want us to return your Product, you are required to bear the round-trip shipping costs of the Product. In addition to the above and except as otherwise expressly provided herein, for Products for repair under the warranty period, you shall bear the shipping costs of sending the Products to our designated repair facility and we shall bear the shipping costs of sending the repaired Products to your designated shipping address. If your designated shipping address is not in the same country as our designated repair facility, such that import and export customs clearance fees are incurred in both countries, you shall bear the import and export customs clearance procedure and applicable duties/taxes/fees in the country where your designated shipping address is located, and we will bear the import and export customs clearance procedure and its duties/taxes/fees in the country where our designated repair facility is located. Save as set out in the above, we shall not bear any additional costs, including but not limited to local duties and other taxes, transportation fees, insurance fees, and other expenses etc. Please note that the shipping address of the repaired Products may be different from the address of the designated repair facility you sent it to.

6.3For the Returned Products that are not eligible for repair or free repair, you shall ensure that the relevant customs clearance procedures are complied with and you shall bear the customs clearance duties/taxes/fees, transportation fees, insurance fees, and other relevant expenses (if any) for the round-trip of the Returned Products. Our assistance is only to the extent of assisting with the customs declaration paperwork.If you require us to handle the above certain matters or make payments on your behalf, you shall engage us in writing accordingly and pay the above duties/taxes/fees to us in advance.

6.4  We will send out the repaired Products according to the contact information provided by you or the contact person you specified in the work order. If the contact information provided by you is incorrect or incomplete, all costs and losses arising thereof as a result shall be borne solely by you.

6.5  The risk of damage and loss of the repaired Products in transit will be borne solely by you after we deliver the repaired Products to the first carrier, and if the Product is damaged or lost during the shipping process, NagahausGlobal shall not bear any liability and you should resolve any disputes with the carrier. You may request us to insure the return shipment, provided that the relevant insurance costs and premiums are borne solely by you.

Article 7      Compliance commitments and export restrictions

7.1  You warrant that you are a legal person or other organization legally existing, or a natural person with eligibility and capacity of entering into and performing your obligations under this Policy under the laws of your jurisdiction, and that you have obtained sufficient and necessary authorization to sign and perform your obligations under this Policy.

7.2  You undertake to comply with the business processes and specifications of this website, and undertake not to use the services agreed to in this Policy by impersonating others.

7.3  You warrant that the execution and performance of this Policy will not violate or conflict with any provision of your articles of incorporation or other organizational documents, as applicable, and that you have obtained the consent or authorization of all third parties necessary to perform this Policy, as applicable.

7.4  You warrant that:

7.4.1 You are not the target of sanctions imposed by the laws of any country or region (including, but not limited to: Singapore, China, the United States, the European Union) or its governmental authorities.

7.4.2 Your location (including but not limited to: place of nationality, place of habitual residence, place of incorporation, place of business operation) is not in a country or territory that is, or whose government currently is, the target of countrywide sanctions imposed by any sovereign government sanctions authorities.

7.5  You undertake that you will fully comply with applicable export and import control laws and regulations, including, but not limited to laws and regulations related to export control, international arms transactions, and various sanctions (collectively referred to as "Export Control Laws"). You undertake that you will fully comply with all applicable Malaysia export control laws, including to obtain appropriate export licenses and authorizations prior to the export, re-export, transfer or release of controlled Products. You acknowledge and agree that any transfer of such controlled Products in violation of Malaysia export control laws is strictly prohibited. You undertake that you will not export, re-export, transfer or otherwise use controlled Products, directly or indirectly.

7.6  You warrant that all information provided by you is true and accurate and does not contain any false or misleading statements.

7.7  You undertake that you will not do anything that may cause NagahausGlobal and/or our affiliates to violate laws and regulations relating to import and export controls. You shall be fully indemnify us and/or our affiliates for any claims, demands, actions, costs, proceedings, etc. against us and/or our affiliates arising out of or in connection with your breach of the provisions of this Article 7 and shall also fully indemnify us and/or our affiliates for any losses suffered as a result.

Article 8      Limitation of Liability

8.1  Successful repair depends on the extent of damage to the Product. Neither we nor our recommended third-party service providers can provide any assurance that the Returned Products will be repaired successfully.

8.2  We and/or our recommended third-party service providers shall not be required to ensure that your data stored in the Products or related to the Products in other forms will be protected, and you shall be responsible for the backup of relevant data to prevent loss.

8.3We and/or our recommended third-party service providers are not responsible for all direct or indirect losses (if any), expenses, consequences, and liabilities caused to you by the failure of the Returned Products to function during the shipment or repair process, including but not limited to the loss of revenue that may result from the failure of the Returned Products to function properly.

8.4  In no event shall we and/or our recommended third-party service providers be liable for all direct or indirect losses, expenses, consequences, or liabilities that may be incurred by you as a result of the provision of repair services. In any case, the liability of us and/or our recommended third-party service providersshall not exceed the repair service fee (if any) paid by you to us and/or our recommended third-party service providers.

8.5TO THE EXTENT PERMITTED BY LAW, THE EXPRESS WARRANTIES, CONDITIONS AND REMEDIES SET OUT IN THIS POLICY ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS, OBLIGATIONS AND REPRESENTATIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, NAGAHAUSGLOBAL SPECIFICALLY DISCLAIMS AND EXCLUDES ANY AND ALL STATUTORY AND IMPLIED WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS, OBLIGATIONS AND REPRESENTATIONS RELATED TO OR ARISING IN ANY WAY OUT OF THIS POLICY, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, CARE, SKILL OR FITNESS FOR A PARTICULAR PURPOSE.

8.6EXCEPT AS EXPRESSLY PROVIDED HEREIN, NAGAHAUSGLOBAL WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, NAGAHAUSGLOBAL IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT OF YOUR ORDER.

Article 9      Force Majeure

9.1  Force majeure herein includes, but is not limited to, war, natural disasters (such as blizzards, fires, floods, earthquakes, etc.), epidemics of infectious diseases, social events (such as war, unrest, governmental actions, etc.) and other unforeseen or unavoidable circumstances or events beyond control of the parties hereto.

9.2  In the event that the performance of either party's obligations under this Policy is delayed or cannot be performed due to force majeure factors, both parties agree that neither party shall be liable to the other for the delay or inability to perform its obligations. However, both parties shall immediately take reasonable measures to deal with the effects of such force majeure event and to minimize the damage that may be caused to the other party. In case of failure to take timely measures resulting in further losses, the party affected by the force majeure shall be liable for the relevant losses caused by the failure to fulfill this responsibility. After the impact of the force majeure situation or event has subsided, the parties shall negotiate with each other to continue to perform the relevant obligations under this clause as soon as reasonable.

9.3  The party affected by the force majeure event shall immediately notify the other party in writing within 24 hours after the occurrence of the force majeure, and shall provide the other party with a written confirmation issued by the relevant department and other supporting documents as evidence in writing within 15 working days thereafter.

Article 10    Discontinuation of use and compensation

10.1  We have the right to terminate or suspend all or part of your rights under this Policy without prior notice to you if we determine that any of your actions violate any applicable law or regulation, or any provision in this Policy, or are detrimental to the interests of us, our affiliates or other third parties.

10.2  You shall indemnify us and/or our affiliates from and against any claims, demands, actions, judgments, liabilities, costs and losses of any nature whatsoever arising out of (i) any breach by you of any representation, warranty or obligation under this Policy; and (ii) third party claims arising out of your acts or omissions. You shall indemnify us and/or our affiliates in full for any loss suffered by us and/or our affiliates as a result of any of your actions.

10.3  For the avoidance of doubt, the term "loss" in this Article 10 includes, but not limited to, our direct economic losses, loss of goodwill and indirect economic losses such as external payment of fines, damages, settlement fees, attorney fees, litigation costs, etc.

Article 11    Applicable Law and Dispute Resolution

11.1  The conclusion, validity, interpretation, performance and dispute resolution of this Policy shall be governed by and construed in accordance with the laws of Singapore excluding conflict of laws provisions which may direct the application of another jurisdiction’s laws.

11.2  All disputes arising out of or in connection with the execution of this Policy shall be settled by the Parties through friendly negotiation. If any dispute cannot be settled by negotiation within 15 days after the dispute arises, either party shall have the right to submit such dispute to the Singapore International Arbitration Centre (“SIAC”) for arbitration in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) then in force. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English. The arbitral award is final and binding upon both parties.

Article 12    Miscellaneous

12.1  If any provision of this Policy is held to be invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

12.2  Compliance with Relevant Terms: You acknowledge and agree that you should also be bound by the Terms of Use and the Privacy Policy of the Website. If you are ordering Products on the Website, the Order Policy and this After-Sales Repair Service Policy shall apply. Some services on this website (including but not limited to the on-line pay service) are provided by our business partners. When you use such services, you shall also observe the rules, terms and agreements provided by these business partners concerning the specific service.