By placing your order, you accept and are bound by the terms and conditions below.
1. Agreement structure
1.1. These terms of sale (the “Terms”) shall apply to all sales and deliveries of products (the “Products”) from Bitmain to the purchaser (the “Purchaser” or “Customer”) or its representatives. These terms of sale together with the order and the order confirmation (if any) are jointly referred to as the “Agreement”. Any conditions contrary to the content of these Terms, e.g. purchase terms or other terms attached to or referred to in the Purchaser’s order, shall only be applicable if such conditions have been approved in writing by an authorized signatory of Bitmain
1.2. Purchaser is deemed to accept these Terms upon Buyer or its representative’s: (i) purchase of Products, (ii) clicking an acceptance button or checking an acceptance box online or similar act of acceptance, (iii) written or verbal assent, (iv) acceptance of delivery of the Product or partial delivery of Product, (v) payment or partial payment, or (vi) other conduct constituting acceptance; whichever occurs first.
1.3. The Products are sold for business and personal use.
2. Order and Order Confirmation
2.1. Upon Bitmain receipt of the Purchaser’s order, the order will be confirmed in accordance with Bitmain procedures. The Purchaser acknowledges and accepts that such order confirmation may be sent via e-mail or other electronic interface. The Purchaser may always request a written order confirmation by contacting Bitmain customer service.
3.1. The Products are sold at the prices prevailing on the day of order according to the Bitmain price list at that time. Applicable prices do not include taxes, customs or other applicable costs. The Purchaser is solely liable to pay all taxes, customs or other applicable costs related to purchase of the Products.
4. Fees and Payment Terms
4.1. Payment shall be made in advance upon order by direct Bitcoin payment or wire transfer or any other manner facilitated by Bitmain from time to time. Full payment is a condition for Bitmain to accept an order. If payment is not received within the time that is customary for the used manner of payment, Bitmain is entitled: (i) until further notice to suspend delivery of outstanding orders from the Purchaser until Bitmain receives payment or, and/or (ii) to terminate the Agreement. For the avoidance of doubt, Bitmain is not bound by the Agreement until payment has been received in full. Costs for freight may be charged separately upon delivery and Bitmain may, in such case, require additional payments to be made as a condition for delivering the Products.
5.1. Only private customers have the right to withdraw from their order within 14 days after receipt of the goods. (mining hardware excluded.) This right is not applicable for business customers. The private customer is obliged to contact Bitmain within these 14 days to exercise the right of withdrawal according to EU consumer and marketing law. An order can not be cancelled within these 14 days if a product is used or tested. After the 14 day period, no refund requests will be fulfilled without a decision from Bitmain Returns are only accepted upon the prior approval of Bitmain. In the event of a return, Bitmain is entitled to make deductions due to any deficiencies. Bitmain is entitled to request and require the Purchaser to grant Bitmain opportunity to conduct inspection of the Products prior to accepting a return. Any return cost will be charged to the Purchaser, unless the return has been subject to the prior approval of Bitmain
Because miners are connected with financial markets we will not refund for miner systems. All sales are final!
6. Commercial Use
6.1. Buyer acknowledges and agrees that the Products purchased from Bitmain are for own internal, commercial use, and not for resale purposes. These terms do not grant distribution rights as a reseller for Bitmain, which must be agreed to separately.
7.1 The statutory (two years) warranty rights are applicable for private customers. Despite the contents of the corresponding legal regulation, the warranty period for second-hand items amounts to a period of one year after delivery of the goods in question. The one-year warranty period does not apply in situations involving culpably caused damages that can be attributed to the supplier and which are associated with loss of life, injuries or health-related damages. Furthermore, it does not apply in situations involving damages suffered as a result of gross negligence or malicious intent, or in situations involving deceit on the part of the supplier or contribution claims.
If you are a businessman, the following shall apply, despite the contents of paragraph 1:
a) It is understood that the details provided by us and the product description provided by the manufacturer are the only things that represent the properties and condition of the product in question. Other advertisements, blurbs and statements issued by the manufacturer are not considered to be representative of the properties and condition of the said product.
b) You are obligated to exercise due diligence while promptly checking the goods for qualitative and quantitative deviations, and to inform us in writing of apparent defects within a period of 7 days after receipt of the goods. The term limit shall be considered to have been complied with if a timely dispatch was executed. This also applies to hidden defects that are detected at a later stage (from the time of discovery onwards). Warranty claims cannot be raised if the obligation to inspect and the obligation to give notice of defects are not fulfilled.
c) In case of defects, we provide guarantee through repair or replacement at our own discretion. The defect removal is applicable after a failed second attempt, unless the circumstances prove otherwise, in particular due to the nature of the object and/or defect or other conditions. In case of repair, we must not bear the additional costs, which arise from the transfer of the item to a place other than the place of fulfilment, as far as the transfer does not correspond to the intended use of the item.
d) The warranty period amounts to a period of one year after delivery of the product. The shortened warranty period does not apply in situations involving culpably caused damages that can be attributed to us and which are associated with loss of life, injuries or health-related damages. Furthermore, it does not apply in situations involving damages suffered as a result of gross negligence or malicious intent, or in situations involving deceit or contribution claims.
7.2. Bitmain warrants that the products, will perform according to the at all times published specification for a period of fourteen (14) days from delivery from Bitmain provided that the Products have been used in accordance with the at all times published instructions and requirements issued by Bitmain, including but not limited to prescribed operating environment for the Products. Products are for indoor use only. Liability for defects shall not cover defects due to circumstances arising after the risk for the Products has passed to the Purchaser such as, however not limited to, defects due to normal wear and tear or deterioration. Bitmain warrants that the Products are delivered free of pledges or any other encumbrance not known by the Purchaser. Any warranty obligations for Bitmain requires a written complaint by the Purchaser within reasonable time, no later than fourteen (14) days from when the Purchaser became aware, or should have been aware, of the relevant defect or fault. Bitmain is not liable for any defect or fault caused by the Purchaser or a third party or that is caused by, including but not limited to, improper use, handling or excessive use of the Products. Further, Bitmain is not responsible for defects caused as a result of the Purchaser or a third party has failed to comply with the instructions given by Bitmain The content of this limited warranty shall replace all other written or non-written, explicit or implied warranties.
7.3. In case of damage during shipping the Purchaser is obliged to file a complaint to the shipping company according to their terms and conditions. Bitmain is not liable for damage caused by transportation.
7.4. All sales are final. Bitmain does not accept returns and will not issue a refund if an item is returned without a proper RMA. Any products that are not functioning correctly due to manufacturer defects will be replaced after an RMA is issued and the item is send back at own costs to Bitmain, inspected and approved.
The Bitmain Return Policies are applicable only to products purchased by you directly from the Bitmain website. Due to the volatile nature of these products, returns are not eligible for refund and are only eligible for exchange within 14 days of purchase. Warranties on our products are VOIDED if the unit is modified in anyway (voltage modded, removal of fan, etc.) and will not be exchanged. The following events will also void the warranty:
a. Customer removes/replaces any components by himself without receiving permission first;
b. Damage caused by poor power supply, lightning or voltage surges;
c. Burnt parts on hash boards or chips;
d. Miner/boards/components damage due to water immersion or corrosion due to wet environment.
*Please note if there is a scrap notification from the manufacturer Bitmain, we can not replace or repair that part.
The customer has no right to a refund or compensation in this matter.
We test each unit for modifications before sending them back to the manufacturer. Returns will not be accepted unless accompanied by an approved Bitmain issued RMA number, which can be obtained through contacting [email protected]ṅ.com with the following information:
Subject: RMA Order#[your order number] | Your Name
Body: Reasons for RMA, and any pictures/video’s you need to send or anything of that matter, please give us a detailed description of the problems you are having. We can only accept returns who are also accompanied by the required image, sound and video material.
8. Limitation of Liability
8.1. Bitmain liability under the Agreement is limited to the above mentioned limited warranty. As an exclusive remedy for any covered warranty claim, Bitmain may choose to (i) re-deliver new products, (ii) repair the defected Product. Such new delivery or repair is conditioned upon the Purchaser’s complaint of a defect or deficiency within the prescribed time specified in these terms and conditions. Should the Purchaser fail to make such complaint within the prescribed time, the Purchaser waives all claims hereunder in relation to the Products. If requested by Bitmain, all Products which deviate from the warranty shall be returned to Bitmain. Bitmain is responsible for arranging such returns. In case of any non-approved returns, the Purchaser is responsible for all shipping costs associated with such return.
8.2. Bitmain liability under the Agreement is, irrespective of the type, reason and scope of the defect, deficiency or damage, limited to the value of the individual Product that gave rise to liability. Bitmain is under no circumstances liable for damage caused by the Product unless otherwise provided by mandatory product safety- or liability legislation.
8.3. Bitmain is not liable for any indirect, consequential or special damages or loss of any kind, such as, but not limited to, loss of production, loss of profits and loss of business. Bitmain is not liable for compensation for loss or damage due to the Purchaserís obligation to pay compensation to a third party.
9. Delivery Terms
9.1. The Products are delivered to the delivery address specified by the Purchaser, unless otherwise agreed. The delivery date is provided for information purposes only and shall not be binding on Bitmain The Purchaser is not entitled to refuse acceptance of the Products, withdraw, cancel or revoke the order or make claims for compensation due to any delayed delivery.
9.2. Where delivery is delayed due to any of the circumstances constituting force majeure in accordance with Section 12 below or due to any act or omission by the Purchaser, the delivery period shall be extended by such a period as is reasonable in light of the circumstances. The delivery period shall also be extended where the cause of the delay arises after the expiry of the originally agreed delivery period.
9.3. If the delivery is prevented due to the Purchasers negligent acts or omissions, the risk for the Products shall pass to the Purchaser on the date when the Products were ready for delivery. In case of any damage to delivered Products and/or its packaging, the Purchaser is solely responsible for making any reservation or claim for compensation in relation to the relevant appropriate logistics/freight company.
10.1. Bitmain reserves the right to terminate and rescind an approved order, or the entire Agreement, immediately in the event the Purchaser breaches the Agreement and fails to rectify such breach within thirty (30) calendar days from Bitmain written notification to the Purchaser of the breach. Such notice shall not affect Bitmain right to claim damages or any other economic compensation due to the Purchaser’s breach. Further, Bitmain reserves the right to immediately terminate and rescind an approved order, or the entire Agreement, in the event that the Purchaser: (i) no longer conducts any of its business activities, (ii) suspends its payments, (iii) enters into liquidation or initiates reorganization, (iv) initiates negotiations with creditors on composition or (v) for any other reason may reasonably be deemed as insolvent.
10.2. Termination and rescission under this section shall not under any circumstances give rise to any obligation for Bitmain to pay compensation to the Purchaser, and does not restrict Bitmain possibility to claim damages or other economic compensation due to the event which justified Bitmain to terminate the order or the Agreement.
11. Intellectual Property
11.1. Bitmain disclaims any and all written or verbal, explicit or implied warranties on intellectual property infringements with respect to the use of the Products. All logotypes, trademarks or product names set out on the Products and any design of the Products constitutes Bitmain protected intellectual property. Use, reproduction or representation (in whole or in part) of these logotypes, trademarks, product names or the Products themselves regardless of in what form it occurs, is prohibited unless such use is approved in writing in advance by Bitmain The Purchaser undertakes not to remove or alter Bitmain labeling of the Products.
12. Force Majeure
12.1. Bitmain is exempted from fulfilling its obligations under this Agreement and is entitled to cancel the Purchaser confirmed orders without any liability, in the event of force majeure such as strikes, floods and fires, wars, riots, interruptions in transport, shortage of material or energy sources affecting Bitmain or its sub-suppliers, accidents or other occurrences which affects sub-suppliers production, bankruptcy or compulsory liquidation of a sub-supplier, accidents of any kind, governmental decisions which affects manufacturing or use of the Products and, in general, such events that were unforeseen at the time of the order which prevents or hinder manufacturing, transportation or delivery of the Products to the Purchaser.
13. Personal Data
13.1. Personal data provided to Bitmain within the framework of an order for Products will be recorded and processed by Bitmain and may also be transferred to the third party providers (such as hosting providers or payment processing providers) inside or outside the European Union for the execution of the order for Products. The Purchaser hereby consent to such processing of personal data. Bitmain processes personal data in accordance with the Dutch Personal Data Protection for the purpose of prepare and administer orders and to fulfill Bitmain obligations under the Agreement. Bitmain may also use your personal data for the purpose of developing and managing its services. Bitmain is the personal data controller for the personal data that Bitmain process. Bitmain shall take appropriate technical and organizational measures to protect the Purchasers personal data. Personal data will not be transferred to other parties who have no matter on the purchase. The Purchaser may at any time contact Bitmain to receive more information about Bitmain processing of your personal data and to correct any inaccurate personal information.
14. Amendments, Assignments etc.
14.1. Any written or oral undertakings and commitments made prior to the Agreement are replaced by the content in these general terms and conditions of sale. The Purchaser may not assign or pledge its rights and/or obligations under this Agreement, in whole or in part, without the prior written consent of Bitmain
14.2. Bitmain may amend this Agreement in whole or in part. The amended Agreement will apply to all orders submitted subsequent to publishing.
15. Applicable law and dispute resolution
15.1. This Agreement shall be interpreted and applied in accordance with dutch law, without regard to any conflict of law. Any disputes are to be settled by The Court of Arbitration of the Dutch Chamber of Commerce and Industry and it shall be the first instance.
16.1. The Purchaser undertakes not to reveal information which the Purchaser receives from Bitmain and which are Bitmain trade secrets or otherwise of such nature that it may be considered as confidential information to any third party. This undertaking shall apply during the term of the agreement and thereafter. The Purchaser further undertakes necessary measures to prevent confidential information from being disclosed to third parties by the Purchaser employees or contractors.