The service and guarantee options of Happyware Server Europe GmbH (below named Happyware) are available in the Federal Republic of Germany and Austria, other countries only in agreement and in advance written confirmation. Decisive for the duration of the guarantee options is the invoice date of the system.

§ 2 Guarantee options

The following guarantee options are available at Happyware - we explicitly reserve the right to change these options according to the circumstances of the market to our own discretion totally or in parts or to delete them from program.

The respective performances enclosed in the guarantee options are available on our website www.happyware.com in their relevant version. Information about which of the following guarantee options are included in your chosen package can be found within the description of your guarantee package.

• (a) Phone support
  The phone support is available from Monday to Friday from 09.00 to 18.00 (CET). The costs for phone support depend on each service level. Charge-free phone support is excluded for second-hand products.
• (b) Installation support
  The installation support is for support of initiation of the delivered system (hardware and hardware configuration only) within 30 days from date of invoice. The costs for phone support depend on each service level.
• (c) Pick-up and return
  Pick-up by our freight forwarder, repair and return by Happyware. The repair respectively the exchange is done regularly within 72 hours and only after prior qualification and approval of a RMA (Case-ID) number.
• (d) Bring-in
  Shipment to Happyware, repair and return by Happyware. Any on-site service and deliverables at the customer are subject to fee and will be charged separately as long as not agreed otherwise.
• (e) In-advance replacement (for components only)
  Pick-up and in-advance replacement by Happyware or a Happyware authorized partner is only executed after prior qualification and approval of RMA (Case-ID) number. The return of the defect part should take place within 10 working days after shipment of the spare part, otherwise Happyware will invoice for the spare part. For cash on delivery customers and / or new customers a financial covering by credit card is mandatory. Any on-site service and deliverables at the customer are chargeable and fee will be charged separately as long as not agreed otherwise.
• (f) Reaction time
  The malfunction notification should be submitted from Monday to Friday from 09:00 h to 14:00 h by phone support, fax or e-mail. Within four hours after receipt of the malfunction information a response by Happyware and the start of fault analysis and the fault analysis itself will be initiated.
• (g) On-site service Gold
  The malfunction notification should be done from Monday to Friday from 09:00 to 14:00 (CET) by phone support, fax or e-mail. Within four hours after receipt of the malfunction notification a response by Happyware and the start of fault analysis and the fault diagnosis itself will be effected. The identification of necessity for an on-site service will be give by Happyware support or a contract partner that was instructed by Happyware. The task starts after qualification and approval by Happyware support until Next Business Day (Happyware's working days are from Monday to Friday). If it is about holidays that are locally common or that are federal the task will be done on the following working day. The service can be also executed by a contracted service partner that was selected and authorized by Happyware. The time frame for troubleshooting by Happyware is between 12:00 and 19:00 (CET). If the on-site service doesn’t take place within the agreed time, Happyware will refund the sales price of the service provided that Happyware is personally responsible for the delay. Happyware is not responsible for delays that are caused by third parties.

If the service is done by a service partner that was ordered by Happyware, the customer himself will send back the defect component. The customer is obligated to use the package of the exchange component for that return. Should any reason occur that makes it impossible for the customer to use that package, the customer is obliged to use another package that guarantees the same level of transport security and protection.

A customer's contact person has to be named and to be available on site. The technician's access to the server systems has to be assured.

The DOA Test will by done by a customer's administrator (normally starting the system to the first screen). Furthermore the customer confirms on site with his signature the documentation and site acceptance test (SAT).

Included services for on-site service Gold:

It is Happyware's free decision to execute the following agreed services itself or let these services be executed by a contracted service partner that was selected and authorized by Happyware.

• (1) Call acceptance by Happyware as well as technician disposition by Happyware or a contracted service partner. Furthermore the journey to the site is included.
• (2) Removal of malfunctioning non-hot swappable components
• (3) Assembly of the replacement component
• (4) Plug in and plug out of power and network cables as well as connection cables from periphal devices as long as the cables are directly connected to the server and they is necessary for the service.
• (5) Removal, exchange and/or install cables inside the server as long as it is necessary for the service.

Not included services for on-site service Gold:

• (1) Backup and data recovery (here are effective § 9 Customer's obligation to co-operate as well as § 14 Customer's withdrawal, amends liability of Happyware; from Happyware's General Terms and Conditions).
• (2) Decoding and coding of hard disks
• (3) Configuration (e.g. after replacement of the network interface card)
• (4) Support of producer's demo versions or freeware
• (5) Support in case of problems with cables and connections as long as not installed by Happyware
• (6) Support in case of problems with the customer's service providers
• (7) Support for customer's applications
• (8) Product consultancy
• (9) General consultancy for devices or units
• (10) Troubleshooting for all units without Happyware acquired services and guarantees that are not referred to the initiated service case (referred to the unit).
• (11) Any kind of cabling, except cablings as described above.
• (12) Image creation
• (13) Creation of customer labels
• (14) Licence business
• (15) Removal and installation of hot swappable components which can be accessed without disassembling the chassis.

Other framework conditions and assumptions:

• (1) For the purpose of obligations for co-operation (§ 9 of Happyware's General Terms and Conditions) the customer grants Happyware and a by Happyware selected and ordered service partner the permission to use the customer's on-site systems including the data that are stored there and all hard and software components for the case of execution of the services that are described in the service description.
• (2) The customer assures exempt of Happyware's representatives, staff, service partners from all charges, losses or any other liability risks or lawsuit and to reimburse them that arise from the following reasons:
  • Not by the customer acquired licences or any other property rights that are necessary for Happyware and their service partners to execute the services.
  • eventual effects on warranty claims to any third party due to services that are executed by Happyware and ordered service partners on their products.
• (3) Obligatory services that are not described in Happyware's offer but influence the successful process of the service will be also executed by Happyware and their ordered services partners. The customer will be immediately informed about this. The executed services will be charged on basis of actuals.
• (4) Additional expenditures for which Happyware and ordered service partners are not responsible (idle time, access problems, technical problems, DOA, problems of attainability, software supply problems etc.) will be documented as well as communicated until the following working day of the service execution and will be agreed within 7 working days. Not documented, communicated and agreed additional expenditures will not be charged. Agreed additional expenditures will be charged each 30 minutes, each with € 55,00 within Germany, € 59,00 within Austria and € 77,00 within the German-speaking Switzerland.
• (5) For tasks that cannot be executed because of any reason that Happyware or their ordered service partners have no responsibility we charge the deleted service execution flat with € 229,00 within Germany, € 389,00 within Austria and within the German-speaking Switzerland € 508,00, each. incl. journey.
• (6) All prices are in Euro and plus legal Value Added Tax (VAT).
• (7) Deletions and changes of dates will be charged with 100% , if they are communicated to Happyware or their ordered service partners after Cut Off Time. For deletions and changes of dates the Cut Off Time is from Monday to Friday until 15:30 (CET) on the day of malfunction information.
• (8) Any liability for property tort and consequential property tort are excluded.
• (9) This on-site service Gold is based on the above described assumptions and the documents and information provided by the customer.
• (10) Changes and errors are excepted.
• (11) The customer accepts these underlying conditions and assumptions by signature resp. online confirmation.

§ 3 Preconditions and procedure for the supply of performances on guarantee options

• (1) Prior to any in-advance exchange or on-site service a qualification of the fault has to be done by Happyware support. After the qualification you will receive a RMA (Case-ID) number by the support team under which the service information is handled (transmittals without RMA/Case-ID number cannot be handled and will be immediately returned to the addressee).
• (2) To enable an exact fault analysis the guarantee is obliged to help within his possibilities. The service and / or guarantee performances that have to be executed by Happyware can – as far as it is possible – to the choice of Happyware also be done by phone, fax or e-mail.
• (3) Prior to usage of the Happyware support the guarantee has to care that all sources of defect outside of the configuration of the delivered system can be excluded. An in-advance exchange respectively on-site service is excluded for defects that do not lead to a damage of the operational liability of the system.
• (4) Happyware can use new and/or as good as new goods for required spare parts. If necessary equal or spare parts of higher level can be used. For exchanged spare parts the unlimited property passes on to Happyware.
• (5) Prior to fault clearance a complete data backup has to be executed self dependently and independently by the guarantee. Systems integrated in dependently and independently by the guarantee. Systems integrated in networks have to be prepared before fault clearance and have respectively to be taken from the net.
• (6) A re-installation of the operating system that was pre-installed by Happyware at delivery can be checked after an agreement and eventually be executed (in the case of a re-installation the guarantee has to keep ready all necessary licenses, data mediums, drivers etc.)
• (7) The guarantee is responsible that at the usage site of the system the specific conditions are kept that are necessary for operating the system (e.g. ambient air humidity, compartment air, room temperature, dust etc.). During the fault clearance a guarantee’s employee has to be available free of charge.
• (8) For on-site services on islands and areas difficult to access within the Federal Republic of Germany and Austria there can no fix times assured for the fault clearance. The usage of on-site service can furthermore deviate from the agreed times in case of complicated conditions (e.g. force majeure, weather conditions, impossibility of spare part delivery etc.). The guarantee has to prepare the system on-site in the way that a free, safe, unlimited and immediate access for the technician is ensured. If reasons exist on-site that delay an on-site service or make it impossible the technician is authorized to cancel the works or to start at a different point of time. Additional costs that were generated from these or other reasons are on account of the guarantee and will be invoiced separately against work report (e.g. anew approach due to inaccessibility of the system).
• (9) For eventual damages that were or will be generated by the downtime Happyware isn’t liable. A guaranteed recovery time can be agreed to only in individual case after prior check and written agreement by Happyware. In any other case a recovery time cannot be guaranteed, since it might be necessary that eventually further information or spare parts have to be ordered for fault clearance. If a fault clearance isn’t possible on-site, since the fault cannot be localized exactly, Happyware is authorized to check, to repair the system or to carry out further tests in their own workshop.
• (10) Happyware doesn’t sign a confidentially agreement for data that were or are stored on the system. This includes especially data stored on the data volumes that will or have been changed, when these data volumes are passed on to the producer of the data volume for further treatment, repair or exchange.

§ 4 Miscellaneous

• (1) These conditions are as well valid for the following guarantee options that the guarantee concludes in future with Happyware. The guarantee will be informed about changes of these conditions in sufficient time prior.
• (2) Furthermore the general terms and conditions of Happyware Server Europe GmbH are valid in their relevant version.