Legal

QNAP Next Business Day Onsite Replacement Service Terms and Conditions

Revised on February 13th, 2025

QNAP GmbH (“QNAP”), either directly or through its authorized distributors, offers the Next Business Day Onsite Replacement Service (the “NBD Onsite Service”) for designated QNAP products (the “Product”) by providing replacement units for Products that are reasonably determined by QNAP to be defective (the “Defective Product”), subject to the QNAP Next Business Day Onsite Replacement Service Terms and Conditions (the “Terms and Conditions”):

Section 1 Service Description

1. The NBD Onsite Service must be purchased directly from QNAP or the authorized distributor from which the Product was originally purchased, within two (2) months of the Product’s purchase date. The start date of the NBD Onsite Service shall be the original Product purchase date. The NBD Onsite Service is available solely to the original purchaser of the Product.
2. The replacement unit provided under the NBD Onsite Service shall be identical to the Defective Product or, if an identical unit is unavailable, an upgraded unit with comparable features. The replacement unit may be new or reconditioned, as determined by QNAP based on availability.
3. The NBD Onsite Service applies exclusively to defects covered by the applicable QNAP manufacturer’s warranty (the “Warranty”). The scope of coverage of the NBD Onsite Service depends on the specific NBD package purchased by the customer. Cables, rail kits, and other peripheral devices are excluded from such coverage.
4. The NBD Onsite Service shall be provided only at the location registered by the customer at the time of purchasing the NBD Onsite Service. Any subsequent change of the registered location requires prior approval from QNAP.

Section 2 Customer Responsibilities 

1. The customer shall provide all necessary information and assistance to enable QNAP support personnel to determine whether the Product is defective. To expedite support, the customer shall provide detailed information when submitting a support ticket through the designated service portal, including but not limited to the Defective Product’s model name, serial number, and location. The customer shall also provide contact information (name, phone number and email address), a detailed problem description, and any other relevant information requested by QNAP.
2. Within the specified timeframe, a technician from QNAP’s designated onsite service partner (the “Technician”) shall contact the customer to arrange for the replacement. If the Defective Product is located at a different address than the one specified on the service certificate, or if the customer cannot be contacted by the Technician for follow-up arrangements, QNAP shall not be liable for any resulting delay in the provision of the NBD Onsite Service.
3. The customer is solely responsible for backing up, deleting, or encrypting all data, information, and programs stored on the Product before requesting the NBD Onsite Service. The customer acknowledges and agrees that QNAP shall not be held liable for any damage, loss, or unauthorized disclosure of data, information, or programs during the NBD Onsite Service.

Section 3 Return of Defective Product

1. When the Technician arrives at the customer’s registered location to install the replacement unit, the customer shall return the defective unit to the Technician. The ownership of the replacement unit shall transfer to the customer, while the ownership of the defective unit shall transfer to QNAP.
2. The customer shall return to QNAP all components that were included with the original purchase of the Defective Product. If the customer fails to return the complete unit and all its associated components, QNAP reserves the right to charge the customer for any costs incurred as a result of such failure.
3. If QNAP determines that a defect in the Product or its parts has resulted from misuse, neglect, accident, abuse, improper repair, alteration, or modification by the customer, or by any act in violation of the original terms and conditions of sale provided by the manufacturer, such defect shall be deemed to constitute Customer Induced Damage (“CID”). Products containing defects determined to constitute CID are excluded from the Warranty, and QNAP reserves the right to charge the customer for all associated repair and replacement costs, including the cost of such parts.

Section 4 Miscellaneous

1. Disclaimer of Damages: QNAP’s sole and exclusive liability, and the customer’s sole and exclusive remedy, for any acknowledged defect(s) in the Product shall be limited to the repair or replacement of the Defective Product. QNAP disclaims any obligation to provide refunds, credits or upgrades for the Defective Product. Under NO circumstances shall QNAP be held liable for any indirect, incidental, or consequential damages, nor for any loss of data.
2. Limitation of Liability for Compensation: In the event that QNAP is found liable for compensation, the maximum liability of QNAP and its authorized distributors and retailers shall be strictly limited to the NBD Onsite Service purchase price.
3. Entire Agreement; Severability: These Terms and Conditions constitute the entire agreement between QNAP and the customer with respect to the NBD Onsite Service, superseding all prior agreements. If any provision of these Terms and Conditions is declared or determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
4. Right to Modify: QNAP reserves the right to modify these Terms and Conditions at any time. Any such modifications shall be effective upon posting the updated Terms and Conditions on the official QNAP website. The customer is advised to review the Terms and Conditions periodically to remain informed of any modifications.
5. Governing Law and Jurisdiction: These Terms and Conditions shall be governed by and construed in accordance with the laws of Germany. Any disputes arising in connection with these Terms and Conditions or the NBD Onsite Service shall be subject to the jurisdiction of the District Court of Viersen, Germany. Notwithstanding the foregoing, if the customer’s place of residence is subject to specific provisions regarding governing law or jurisdiction, QNAP shall agree to comply with such applicable laws and submit to the designated jurisdiction.