Service Terms and Conditions
After-Sales Maintenance Policy
Please read this After-Sales Maintenance Policy (this “Policy”) carefully. If you click on the “I Agree” button, it means that you have completely read, understood and are voluntarily bound by this Policy. BITMAINTECH PTE. LTD. (“Bitmain” or “We” or “us”) reserve the right to amend this Policy at any time to the maximum extent permitted by the applicable law. If you do not agree with the revised terms, you should not purchase our Products or stop using our Services.
CONSUMER LAW: FOR CONSUMERS WHO ARE COVERED BY CONSUMER PROTECTION LAWS OR REGULATIONS IN THEIR COUNTRY OF RESIDENCE, THE BENEFITS CONFERRED BY THIS POLICY ARE IN ADDITION TO ALL RIGHTS AND REMEDIES CONVEYED BY SUCH CONSUMER PROTECTION LAWS AND REGULATIONS AND YOU SHOULD CONSULT THE CITIZENS ADVICE SERVICE IN YOUR COUNTRY OF RESIDENCE FOR FURTHER INFORMATION ON THESE RIGHTS.
Article 1 Definition
Unless otherwise defined, the following terms used in this Policy shall have the following meanings:
1.1 “Customer” means natural person, legal entity or other organization that registers and purchases Products or Service on this website.
1.2 “Product(s)” and “Service(s)” refer to products or service displayed and sold on this website, including, but not limited to, mining machines, power supply units (PSU), routing and after-sales inspection and maintenance service, etc.
1.3 “After-Sales Maintenance Service” and “Maintenance” refer to inspection and maintenance service provided by us for Products purchased by Customers. Among them, After-Sales Maintenance Service is categorized into Maintenance within the warranty period and Maintenance after the warranty period. Depending on the types of product failure, we may choose different resolutions, including repair, replacement, etc.
1.4 “DOA” means your request for Maintenance of the Product within 30 calendar days from the date of dispatch (as such date is indicated on this website) after you purchase a Product on this website.
1.5 “Second DOA” means your request for Maintenance of a repaired or replacement product within 30 calendar days from the date of delivery of the repaired or replacement product (as such date is shown on this website).
1.6 “Replacement Product” or “replacement product” means the Product of the same type or specifications provided to replace the defective Product or Product of the same brand with hash rates no less than that of the defective Product. Replacement Product may not be a new Product. The warranty period of the Replacement Product will be the remaining warranty period of the original Product calculated from the date of dispatch of the original Product, except when the warranty is voided in accordance with the terms and conditions of this Policy.
Article 2 Request for After-Sales Maintenance Service
2.1 If the Product you have purchased is found to be defective, you need to create a repair ticket (“Repair Ticket”) on this website.
2.2 You should carefully read this Policy, as well as Repair Guide and How much does a repair cost? before creating a Repair Ticket. You acknowledge and agree that if your Product cannot be serviced free of charge, you will be charged maintenance fees. You shall only create a Repair Ticket if you agree and accept the terms of this Policy, Repair Guide. Otherwise, please do not purchase our Product or Service and do not create a Repair Ticket. If you have any questions about any term of this Policy or the Repair Guide, please contact our after-sales service support staff.
2.3 The information provided in the Repair Ticket (including, but not limited to, product type, quantity, tracking number, contact information and delivery address) must be accurate and complete. Otherwise, we have the right not to provide Maintenance and all losses shall be borne by you.
2.4 If you need to update tracking information after the creation of the Repair Ticket, you should do it within 7 days of the date of the Repair Ticket Creation, and ensure that the Product will arrive at our service location within 15 days of the date of Repair Ticket Creation. You shall bear all costs and risks of loss of, or damage to, the Product while it is in transit to our service location.
Article 3 Sending for Maintenance
3.1 At present, we provide After-Sales Maintenance Service via mail. You should, at your own expense, deliver the Product to the service location of your choice in accordance with our instructions. Using sea freight to deliver defective Product is not allowed as the Antminers are susceptible to moisture damage.
3.2 Before delivering the Product, please backup and delete personal data, software programs or any other information (collectively, “Data”). During Service, it is possible that your Data will be lost or we may send you a Replacement Product, and we do not take responsibility for loss of Data.
3.3 In order to prevent damage during transportation, you must use moisture-proof packaging filled with sufficient cushioning material. We suggest that you use the Product’s original packaging. Failure to properly pack the Products for transportation (including unpacked Product, Product without cushioning, inappropriate packaging materials, etc.) may void the warranty. You may want to consider insuring your package in case of damage or loss during transportation. In addition, you will be charged return freight for the repaired or replacement products according to the How much does a repair cost?
3.4 Under the following circumstances, we have the right to refuse servicing your Product:
(1) You have not created a Repair Ticket properly or at all.
(2) You have not paid the freight.
(3) The Product is damaged during transportation.
We may, as a courtesy, still provide the After-Sales Maintenance Service, but you are responsible for the freight and risk of loss of, or damage to, the Product during transportation.
3.5 In the absence of any of the circumstances specified in Article 3.4, we will sign for the parcel and unpack it to inspect the Product failure situation. You should be aware that: except in the case of Non-maintenance, Mixed boards or Product Scrap under this Policy, we will make repairs while disassembling and inspecting the Product, you cannot ask us to directly return the product without repair.
3.6 You agree that we do not need to return the defective Product or parts that are replaced. The Replacement Product or parts may not be new, but they must be in good working condition and perform functions substantially similar to the replaced Product or parts. The warranty period for the Replacement Product or replacement parts will be the remaining warranty period of the original Product.
3.7 You agree that we have the sole discretion to choose whether to repair or replace the Product or any part thereof.
3.8 If you send the hash boards separately for repair, please note that due to technical reasons, the performance of repaired hash boards may differ from the original hash boards.
Article 4 Maintenance Policies
4.1 Free Maintenance
4.1.1 If your Product is under warranty and subject to the terms of this Policy, we will service the Product free of charge and will pay for the return freight.
4.1.2 You should create a Repair Ticket on our website within the warranty period (the time of the Repair Ticket will be shown the website) and deliver the Product to the service location of your choice as identified in the Repair Ticket within 15days from the date of the Repair Ticket. If the Product does not arrive at the service location on time, we will determine whether the Product is within the warranty period based on the actual arrival date.
4.1.3 The warranty periods for Antminers and PSUs are 180 days from the date of dispatch and 365 days from the date of dispatch, respectively. The warranty period of specific Products can be found on the Product sales page or Repair Guide.
4.1.4 If your Product cannot be serviced free of charge, you may be charged maintenance fees up to the purchase price of the Product or the market price of the service part.
4.1.5 The warranty is non-transferrable to any third party.
4.2.1 We reserve the right to make such diagnoses as may be necessary in order to determine the cause of the defect and will not provide repair Service under the following circumstances:
(1) Product is not eligible for Maintenance as specified in Repair Guide;
(2) Product is damaged due to the use of third-party over-frequency software;
(3) Any Product other than Antminer;
(4) Scratches or other cosmetic damage to Product surfaces that do not affect the operation of the Product;
(5) Fraud as determined by us, including, but not limited to, deliberately forging or replacing barcodes of Products or parts, or other attempts to obtain After-Sales Maintenance Service that the Customer is not otherwise entitled to. Products and parts that do not have the original barcodes will not be eligible for Maintenance.
4.2.2 If we determine that the Product meet the Non-maintenance criteria, such Product will be returned at your own cost.
4.3 Maintenance with Charges
4.3.1 We reserve the right to charge fees for repair Services under the following circumstances:
(1) Product with an expired warranty, including (i) the warranty of the Product has expired when the Repair Ticket is created (the time of the Repair Ticket is based on the time displayed on this website); or (ii) the Product does not arrive at the service location within the time period described in Section 4.1.2 of this Policy, and the warranty of the Product has expired when the Product arrives at the service location.
(2) Voided warranty due to:
- Product damage caused by improper installation, use and maintenance;
- Product damage or failure caused by dropping, accident, theft, abuse, negligence, improper operation;
- Product damage caused by physical interference, including but not limited to, moisture, fire, flood, lightning, transportation, and extreme environment;
- The entire Product, the board, or components of the board are crushed, broken, burnt, dropped, damaged due to improper operation;
- Product damage caused by overvoltage or undervoltage or leakage;
- Product damage caused by significant higher or lower ambient temperature exposure;
- Product damage caused by humidity, oxidation, corrosion and short circuit to the Product, units or any part thereof;
- Product damage or loss caused by natural disasters, including, but not limited to, floods, lightning, fires, earthquakes, tsunamis and lightning strikes, etc.
- Disassembly or alteration of Product by any person other than us or an authorized service provider of us;
- Product damage or failure caused by the use of power supply, parts or units which are neither supplied by us nor our authorized providers;
- Unauthorized changes on firmware and hardware;
- Product damage or failure caused by the use of unauthorized firmware or drivers, including but not limited to firmware that enables users to apply an over frequency setting;
- Product damage resulting from non-commonality and/or incompatibility with current and/or future versions of operating systems, software and/or hardware;
- Damage or loss of data due to improper use;
- Product without original barcode or SN label or which has been altered, defaced or removed;
- Mixed boards: any or all of the hash boards or control boards in a Product are not the original parts of such Product, or anything preventing us from determining whether the hash boards or control boards are the original parts of such Product;
- Scrap: including but not limited to, burned boards, corrosion/oxidation of Products, disconnection of chip pins, PCB breakage, board via holes blockage, and the use of POE switches, etc.
- Direct operation of Product without being connected to drainage assemblies (applicable to Products requiring connection to drainage assemblies);
- Daily wear and tear;
- Counterfeit products;
- Any reason other than those caused by us that makes it impossible for us to diagnose whether the Product is under warranty.
(3) Product sent for Maintenance without proper packaging, including unpacked Product, Product without sufficient cushioning material, etc.
4.3.2 For Products that are not entitled to Maintenance free of charge, we will provide you with the estimated charges and return the repaired or replacement products after you have paid for the Maintenance.
4.4 Special provisions of scrapped Products and mixed board Products
4.4.1 You agree that we have the sole discretion in determining whether your Products belong to scrapped Products or mixed board Products.
4.4.2 In the case of scrapped Products or mixed board Products, we will inform you of the repair options:
- You may pay a service fee in accordance with the fee estimate, and we will return repaired or replacement products; or
- You may choose not to repair such Products and we will return them directly to you after you have paid for the return freight and other fees (if any).
Article 5 Fees and Payment
5.1 You can refer to How much does a repair cost? for more details about service fees; provided, however, that the exact amount of the service fee shall be determined at the time of Service.
5.2 You should pay for After-Sales Maintenance Service in US dollars within three (3) calendar days after we have provided a fee estimate. We will only deliver the repaired Product after receiving your payment.
5.3 If you fail to pay the applicable service fees within thirty-five (35) calendar days after we have provided the fee estimate, we will charge you an additional storage fee commencing the 36th calendar day after we have provided the fee estimate at a rate of USD [$1.5] per day for mining Products and USD [$0.75] per day for other Products. If you fail to pay the applicable service fees within ninety-five (95) calendar days after we have provided the fee estimate, we will notify you that it considers your Product to be abandoned, we may dispose of your Product in accordance with applicable provisions of law, and, specifically, may sell your Product at a private or public sale to pay for any outstanding Services performed. We reserve our statutory and any other lawful liens for unpaid charges.
5.4 If any Product is stored at our service location, including due to your failure to create Repair Ticket or any inconsistency between Repair Ticket and the transportation, we will collect storage fees commencing the [36th] day after receiving the Product. If you fail to pay the applicable service fees within ninety-five (95) calendar days after we have provided the fee estimate, we will notify you that it considers your Product to be abandoned, we may dispose of your Product in accordance with applicable provisions of law, and, specifically, may sell your Product at a private or public sale to pay for any outstanding Services performed. We reserve our statutory and any other lawful liens for unpaid charges.
5.5 Unless you provide alternative instructions, we will return your repaired or replacement product to the mailing address you have furnished when you authorize the Service. If your Product is returned to us because delivery could not be completed at the address given, we will attempt to contact you for an alternative mailing address. If you do not provide an address at which we or our agent may deliver your Product within sixty (60) days after the original delivery attempt, we will notify you that it considers your Product to be abandoned. We will send notice to the mailing address you have furnished when you authorize the Service. In the event that your Product is abandoned, we may dispose of your Product in accordance with applicable provisions of law, and, specifically, may sell your Product at a private or public sale to pay for any outstanding Services performed. We reserve our statutory and any other lawful liens for unpaid charges.
Article 6 Returns
6.1 We will use the carrier you have selected on the Repair Ticket to return your Product whenever possible. If your preferred carrier cannot deliver the Product to the address provided in the Repair Ticket, we will deliver the Product using an alternative carrier. We may not provide you with written notice prior to delivering your Product via the alternative carrier. If you request that your Product be returned by air, we will charge you additional freight.
6.2 You will be responsible for delivering the Product to our service location and prepaying freight and any additional fees in connection therewith. We will be responsible for returning the Product to you and bear the return freight expense. The local tariffs, taxes and other related expenses (if any) shall be on your account. Please note that the place of shipment of repaired or replacement products may not be the same as the address to which you delivered the product.
6.3 Please send the Products to our designated address via mail and prepay the freight. If you send the Product by freight collect, or you failed to send it to our designated address (including logistics pick-up point), we will not be able to receive the product, and all consequences will be borne by you.
6.4 We will send repaired or replacement product to the address provided by you and the recipient designated in the Repair Ticket. You shall be responsible for any additional costs caused by any incorrect or incomplete information.
6.5 For DOA and Second DOA, and if the Product is not subject to Sections 4.2 and 4.3 above, you can apply for transportation subsidies not higher than the fees posted on the website after sending us the Product for Maintenance. When applying for a transportation subsidy, you need to provide us with proof of the freights you have paid, which proof shall not be forged or modified. We reserve the right to decline your application for shipping subsidies if the conditions set forth in this section 6.5 are not met.
6.6 Please send the Product that is eligible for transportation subsidy separately. Otherwise, we may not be able to distinguish the Product that is eligible for a subsidy and the Product that is not, and the issuance of the subsidy will be refused.
6.7 Once we deliver the Product out to you, the risk of damage and loss passes to you after we deliver the parcel to the carrier. In the event of any damage to or loss of Products during transportation, you should settle such disputes with the carrier.
Article 7 Compliance with Laws and Regulations
You guarantee that you are not listed in the “Entity List”, “Denied Persons List” or “SDN List” published by the applicable United States government agencies, nor are you directly or indirectly belonging to or controlled by any of the subjects in the above lists, nor are you subject to any import and export controls, sanctions or restrictions imposed by the United States, China, the European Union or its member states. You guarantee that all information you have provided to us is true, accurate, complete, and not misleading.
You may not use or otherwise export or re-export the Products serviced except as authorized by the laws of the jurisdiction in which the Products were obtained. In particular, but without limitation, the Products may not be exported or re-exported in violation of export laws, including if applicable, export or re-export into any US-embargoed countries or to anyone on the US Treasury Department’s list of Specially Designated Nationals or the US Department of Commerce Denied Person’s List or Entity List. You represent that you are not located in any country or on any list where the provision of Product to you would violate the applicable law. You also agree that you will not use Products for any purposes prohibited by the applicable law.
Article 8 Liability
8.1 We do not guarantee that your Data will not get lost during the Services. It is your responsibility to back up your Data before sending in the Product for Services. We will not be responsible for loss, recovery, or compromise of Data, programs or loss of use of equipment arising out of the Services. You represent that your Product does not contain illegal files or data.
8.2 Successful Maintenance depends on the extent of damage to the Product and we do not guarantee in any form.
8.3 TO 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, BITMAIN 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.
8.4 AS A CONSUMER, YOU MAY HAVE CERTAIN ADDITIONAL RIGHTS WITH REGARD TO SERVICES AND PRODUCTS PROVIDED UNDER THIS POLICY. PLEASE REFER TO YOUR LOCAL CONSUMER AUTHORITY FOR MORE INFORMATION ABOUT YOUR RIGHTS. IF NOT COVERED BY THESE RIGHTS, BITMAIN DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST, CORRUPTED, OR COMPROMISED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES. EXCEPT AS EXPRESSLY PROVIDED HEREIN, BITMAIN 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, BITMAIN IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT OF YOUR ORDER. IN CONSUMER CASES, THE LIABILITY FOR (1) PERSONAL DEATH AND INJURY AND (2) FRAUD MAY BE WIDER THAN NEGLIGENCE CAUSED LOSS AND IN SUCH CASES BITMAIN DOES NOT SEEK TO EXCLUDE THIS LIABILITY.
Article 9 Miscellaneous
9.2 Each of our worldwide repair sites has a specific range of services, as detailed in the Repair Guide. Please be sure to contact our customer service staff in advance to choose the best repair site for you.
9.3 We may make changes to our Products or Services, or to the applicable prices for such Products or Services. The information provided online with respect to Products and Services may be out of date, and Bitmain makes no commitment to update the information provided online with respect to such Products or Services.
9.4 You agree that the laws of Singapore, without regard to principles of conflict of laws, will govern this Policy and any dispute of any sort that might arise between you and Bitmaintech Pte. Ltd..
9.5 Any dispute, controversy, difference or claim arising out of or relating to this Policy, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (SIAC) under the SIAC Arbitration Rules in force when the notice of arbitration is submitted. The law of this arbitration clause shall be Singapore law. The seat of arbitration shall be Singapore. The arbitration proceedings shall be conducted in English. The number of arbitrators shall be three unless otherwise subsequently agreed in writing by the parties.
9.6 Should you in any manner have violated or threatened to violate Bitmaintech Pte. Ltd.’s, its affiliate’s, subsidiary’s, or its associates’ intellectual property rights, Bitmaintech Pte. Ltd. may seek injunctive or other appropriate relief in any court or arbitration center of our choice. You consent to exclusive jurisdiction and venue in such courts or arbitration center.
9.7 If any of the aforementioned terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such term shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the term, so that the terms shall remain in full force and effect.