BITDEER

SEALMINER After-Sales Policy

Please read this After-Sales Policy (this “Policy” or “After-Sales Policy”) carefully. Bitdeer Semiconductor Sales PTE. LTD. (“Bitdeer” or the “Company” or “we”), the seller of SEALMINER, reserves the right to amend, modify, or update this Policy from time to time at its sole discretion. Any changes to the Policy will be posted on the Company's website and will become effective upon such posting (unless otherwise specified). It is the responsibility of you to regularly review the Company’s website to ensure awareness of any updates or changes to the Policy. Continued purchase and use of the Company's Products and/or submitting any Repair Tickets after the posting of any changes constitutes acceptance of the revised Policy.   CONSUMER LAW:  THIS AFTER-SALES POLICY IS DESIGNED TO PROVIDE ADDITIONAL BENEFITS TO OUR CUSTOMERS BEYOND THOSE REQUIRED BY APPLICABLE CONSUMER PROTECTION LAWS. THE BENEFITS OUTLINED IN THIS POLICY ARE INTENDED TO COMPLEMENT AND ENHANCE THE RIGHTS AND PROTECTIONS ALREADY AFFORDED TO CONSUMERS UNDER THE CONSUMER PROTECTION LAWS APPLICABLE TO THEIR RESIDENCY. THIS POLICY DOES NOT IN ANY WAY DIMINISH, RESTRICT, OR LIMIT THE RIGHTS OR BENEFITS PROVIDED TO CONSUMERS UNDER SUCH LAWS. CUSTOMERS ARE ENCOURAGED TO FAMILIARIZE THEMSELVES WITH THE CONSUMER PROTECTION LAWS APPLICABLE TO THEIR RESIDENCY, AS THEY MAY PROVIDE ADDITIONAL RIGHTS AND REMEDIES THAT ARE NOT COVERED BY THIS AFTER-SALES POLICY.   Article 1 Definition   Unless otherwise defined, the following terms used in this Policy shall have the following meanings: “After-sales Customer Service”: You should contact after-sales customer service through the email [email protected]. “DOA (Dead on Arrival)” refers to a Product that is found to be non-functional or defective within 30 calendar days from the date of dispatch by the Company after the Product is purchased by a customer pursuant to a PSA. “EOS (End of Service)” refers to the point at which a model or a batch of Product reaches the end of its lifecycle and is no longer supported by the Company. You agree that we have the sole right to determine when to issue an EOS notification (“EOS Notification”) for a model or a batch of Products as long as all the Products with such model or in such batch have their Warranty Period expired. We agree to send EOS Notification at least 60 days before the EOS takes effect and such period is called the “EOS Notification Period”. Please note that the EOS Notification will be announced on Bitdeer’s Website and will only be sent to customers who directly purchased the Products from the Company pursuant to the notice clause set forth in the PSA. Therefore, if you did not purchase the Products directly from us, you may not be able to receive such notification (but that cannot be an excuse for you to claim the EOS Notification is not binding on you) and you shall make sure you check the Website to see if the Product you plan to send for repair has been issued an EOS Notification before you create a Repair Ticket. “Product(s)” refer to the SEALMINER(s) manufactured and sold by the Company. Please kindly note that the consumables such fans separately purchased from the Company do not constitute the Product(s) here and thus the Policy does not apply to such consumables. “Sales and Purchase Agreement” or “PSA” refer to sales and purchase agreement between the customer and the Company regarding the purchase of the Product. For clarity, if you purchased the Products from a third party, the sales and purchase agreement between you and the third party is not the “PSA” defined herein. “Repair and Maintenance Services” (or “R&M Services” or “Services”) refer to repair and maintenance service provided by us for the Products. These Services are categorized into “R&M within the Warranty Period” and “R&M after the Warranty Period”. Depending on the types of Product failure, we may choose different resolutions, including repair, replacement, and other appropriate actions.   “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 on the date you dispatch the original defective Product to the Service Center (provide the Warranty of the original defective Product is not voided in accordance with the terms and conditions of this Policy and the PSA). “SEALMINER” refers to Bitdeer's self-developed mining machine that harnesses the advanced SEAL series chip.   “Second Return” refers to a situation where a Product that has been repaired or replaced is found to be non-functional or defective within 15 calendar days after it is dispatched from the Service Center. To qualify as a "Second Return," the date on which you create a Second Return ticket must be no later than 15 calendar days after the repaired/replaced Product is dispatched from the Service Center. “Service Centers” means the facilities or locations designated and authorized by the Company where Products can be repaired, maintained, or serviced. You understand that these Service Centers may be operated by third parties and please note Article 7 and Article 8.3 of this Policy. You can review the full list of “Service Centers” when you create a Repair Ticket. “Service Fees” means the fees for the R&M Services charged by the Company to the Customer. Please note that we may provide a fee schedule or a fee estimate for your reference before you send the defective Product to us for repair. However, the exact Service Fees that will be charged to you will be based on the fee quote we provide when we have received and inspected the defective Product sent by you. “Warranty Period” refers to the specific duration during which the Company agrees to provide Repair and Maintenance Services for a defective Product at no additional cost to the Customer. The exact terms regarding warranty (“Warranty”) and Warranty Period are outlined in the Sales and Purchase Agreement for the Product and this Policy. “Website” or “Webpage” refers to https://www.bitdeer.com/shop/support.   Article 2 Repair Ticket Creation   2.1 If the Product is found to be defective and you wish to receive the R&M Services provided by the Company, you should create a repair ticket (“Repair Ticket”) on our website. This step is essential for initiating the repair and maintenance process and ensuring that your request is properly documented and addressed. 2.2 You should carefully read this Policy before creating a Repair Ticket. By creating a Repair Ticket, you acknowledge and agree that if your Product is not covered by the Warranty, you will be charged the Service Fees. You should only create a Repair Ticket if you agree and accept the terms of this Policy. Otherwise, please refrain from creating a Repair Ticket. If you have any questions about any term of this Policy, please contact our After-sales Customer Service. 2.3 The information provided in the Repair Ticket (including, but not limited to, Product model, quantity, tracking number, contact information and delivery address) must be accurate and complete. Failure to provide such information accurately may result in our inability to provide the R&M Services. In such cases, we reserve the right to decline the Services, and any resulting losses (including but not limited to the round-trip shipping fees) will be the responsibility of you.   2.4 You must ship the Product and provide tracking information in the Repair Ticket system within 7 calendar days after creating the Repair Ticket. Additionally, please ensure that the Product arrives at our Service Center within 15 calendar days from the date of Repair Ticket creation. If the Product does not arrive at the Service Center within 15 calendar days from the creation date of the Repair Ticket, we will determine whether the Product is within the Warranty period based on the actual arrival date of the Product. And if the arrival date is not within the Warranty Period, we reserve the right to charge Service Fee to repair the Product. Therefore, please ship the product promptly once you create a Repair Ticket and choose your logistics services carefully to ensure timely delivery to the Service Center. Article 3 Sending for R&M Services   3.1 Currently, for Products requiring repair or maintenance, you must ship them to our designated Service Centers. You are responsible for the shipping costs and must ensure that the Product is delivered to the specified Service Center following our instructions. PLEASE NOTE THAT USING SEA FREIGHT IS NOT PERMITTED FOR SHIPPING MINING MACHINES, AS THE MINING MACHINES ARE SUSCEPTIBLE TO MOISTURE DAMAGE. 3.2 BEFORE SENDING THE PRODUCT FOR SERVICE, PLEASE BACKUP AND DELETE ALL PERSONAL DATA, SOFTWARE PROGRAMS, OR ANY OTHER INFORMATION (COLLECTIVELY REFERRED TO AS “DATA”) FROM THE PRODUCT. During the Service process, there is a possibility that your Data may be lost or damaged. Additionally, if the Product cannot be repaired, we may send you a Replacement Product without returning your defective original Product. You agree that the Company shall not be held responsible for any damage or loss of Data. 3.3 In order to prevent damage during transportation, YOU SHOULD USE MOISTURE-PROOF PACKAGING FILLED WITH SUFFICIENT CUSHIONING MATERIAL. WE RECOMMEND USING THE ORIGINAL PACKAGING OF THE PRODUCT WHENEVER POSSIBLE. Failure to properly pack the Products for transportation (including sending unpacked Products, Products without cushioning, or using inappropriate packaging materials, etc.) may result in the Warranty being voided. WE ALSO ADVISE YOU TO INSURE YOUR PACKAGE TO PROTECT AGAINST DAMAGE OR LOSS DURING TRANSIT.   3.4 We reserve the right to refuse to accept the delivery of your Product and/or servicing your Product under the following circumstances (the “Refuse to Accept Circumstances”):   (1) You have not created a Repair Ticket properly or at all.   (2) You have not paid the freight from your location to the Service Center (for example, you send the Product to us using freight collect option).   (3) The Product is damaged during transportation.   If we choose to (this is not an obligation) accept delivery and provide the R&M Services to your Product under the Refuse to Accept Circumstances, we will not ship back the repaired Products until you have paid for the round-trip freight and you agreed to bear the risk of loss of, or damage to, the Product during transportation. For clarity, if you request us to repair the damage incurred during transportation, you will need to pay for the additional Service Fees associated with such damage. 3.5 In the absence of any of the Refuse to Accept 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 under Denial of R&M Services Circumstances, for the Product that is in Warranty, we will make repairs while disassembling and inspecting the Product, and you cannot ask us to directly return the Product without repair; for the Product that is out of Warranty, if you are not satisfied with the fee quote we provide, you may request us to return the Product to you unrepaired. However, we will not ship back the Product to you if you have not paid for the return shipping fees. 3.6 You agree that we have the sole discretion to determine whether to repair or replace the Product or any part thereof. If we decide to replace your defective Product, you agree that we are not required to return the defective original Product or replaced parts to you. The Replacement Product or Replacement Parts may not be new, but they will be in good working condition and perform functions substantially similar to the original Product or parts. 3.7 If you send the hash boards separately for repair, please be aware that due to technical reasons, the performance of the repaired or replaced hash boards may vary from that of the original hash boards you sent in. However, we assure you that the repaired or replaced hash boards will function properly and will not have performance levels lower than those of the original hash boards.
Article 4 Fee Policies   4.1 Free R&M Services   4.1.1 Regardless of whether the Product is within the Warranty Period or not, you are responsible for the shipping cost to send it to the Service Center. Unless otherwise specified in this Policy, we will cover the cost of shipping the Product back to you from the Service Center after we complete the Services. If a Product qualified as “DOA”, then we will cover the round-trip shipping fees for the DOA Product to be sent to the Service Center for repair. If a Product qualified as “Second Return”, then we will cover the round-trip shipping fees for the Second Return Product to be sent it back to the Service Center again for repair. If you indicated that your Product qualifies for “DOA” or “Second Return” when creating a Repair Ticket, but we later reasonably determine that your Product does not meet the criteria for “DOA” or “Second Return” upon receiving and inspecting it, we will require you to cover the return shipping fee for such Product before we ship back your repaired Product. Please send the DOA Product and Second Return Product separately from each other and separately from other non-DOA or non-Second Return Products. Otherwise, we may not be able to distinguish between the Products and may not be able to adopt different Service Fees pricing and freight policy for these Products. 4.1.2 To receive free R&M Services, you need to create a Repair Ticket on our website within the Warranty Period and deliver the Product to the Service Center of your choice as identified in the Repair Ticket within 15 calendar days from the creation date of the Repair Ticket. If the Product does not arrive at the Service Center within 15 calendar days from the creation date of the Repair Ticket, we will determine whether the Product is within the Warranty period based on the actual arrival date of the Product. And if the arrival date is not within the Warranty Period, we reserve the right to charge Service Fee to repair the Product.   4.2 Denial of R&M Services   4.2.1 We reserve the right to make such determination as may be necessary in order to determine the cause of the defect and we reserve the right to not provide R&M Services under the following circumstances (“Denial of R&M Services Circumstances”):   (1) The Product has been lost or damaged severely during transportation before arriving at the Service Center;     (2) The Product is damaged due to the use of third-party overclocking software;   (3) The Product is not manufactured by the Company;   (4) The Product has scratches or other cosmetic damage that does not affect its operation;   (5) The Product will be considered scrap if it exhibits any of the following conditions: burned boards, corrosion or oxidation, disconnection of chip pins, PCB breakage, blocked board via holes, or the use of POE switches, among other similar issues. If you explicitly request us to scrap the Product you sent, or if you instruct us not to return the Product to you, then such Product will be deemed as scrap by you.   (6) Fraud is detected, including but not limited to deliberately forging or replacing barcodes of Products or parts, or other attempts to obtain R&M Service that the Customer is not otherwise entitled to. Products and parts without the original barcodes will not be eligible for R&M Service.   (7) A notification of EOS for a certain model of Product has been issued and the notification period has been expired. (8) The Product is a Mixed Board Product; (9) Any other circumstances under which the Company refuses to provide the R&M Services pursuant to the PSA.   4.2.2 If we determine that the Product falls under the Denial of R&M Services Circumstances, such Product will be returned to you directly without repair at your own expense. Further, any storage fees that may apply will be your responsibility before the Product is returned to you. We reserve the right not to ship the Product back to you until you have paid for the return shipping fees and the storage fees (if any).   4.3 R&M Services with Charges   4.3.1 We reserve the right to charge Service Fees for R&M Services under the following circumstances (“Charged R&M Services”):   (1) Product with an expired Warranty, including  (i) the Warranty of the Product has expired when the Repair Ticket is created (the creation date shall refers to the records of the Repair Ticket system); or (ii) the Product is not shipped and does not arrive at the Service Center within the time period described in Article 4.1.2 of this Policy, and the Warranty of the Product has expired when the Product arrives at the Service Center.   (2) Products whose Warranty has been denied and voided due to:  
  • Damage or loss caused by your or any third party’s improper handling (e.g. crush and fall), transportation, installation (e.g. component detachment, unstable link, circuit board breakage, etc. caused by the reason that the Product(s) are not installed as per the specification or instruction), maintenance or repair;
  • Damage or loss caused by overvoltage, undervoltage or electricity leakage;
  • Product(s) whose operating parameters have been modified not in compliance with their specifications (such as overclocking) by you or third party;
  • Damage or loss caused by your or third party's negligence or willful misconduct including but not limited to fire and thefts;
  • Damage or loss caused by your or third party's failure to handle the Product(s) in accordance with the product manuals or instructions, including but not limited to placing and/or operating the Product(s) a location that does not meet the operational requirements outlined in the relevant Product pages on the Bitdeer official website and the manuals (e.g. extreme temperature, corrosive environment, high voltage surges or low AC quality). Please also note that for Products requiring connection to drainage assemblies, operating the Product without being connected to such assemblies will void the warranty.;
  • Damage or loss caused by the reason of you or third party using unofficial or unauthorized accessories, including but not limited to power supplies, control panels, fans, cables, etc.; Please note that the Warranty will be void if any or all of the hash boards or control boards in a Product are not the original parts of that Product, or if there is any factor preventing the Company from determining whether the hash boards or control boards are the original parts of the Product.
  • Damage or loss caused by the reason of you or third party using unofficial or unauthorized supporting software and/or hardware;
  • Damage or loss caused by the reason of you or third party connecting to unstable power supply or problematic socket;
  • Damage or loss caused by circumstances beyond the Company’s control, including but not limited to war (declared or undeclared), invasion, terrorist activities, fire, lightning, acts of God, earthquakes, heavy rain, floods, hurricanes and explosions;
  • Normal wear and tear of the Product(s);
  • Damage or loss caused by the reason of your or any third party’s unauthorized alterations to the Product(s), including but not limited to disassembly, repair or alteration to the Product(s) not authorized by the Company;
  • Altered, defaced or missing warranty stickers (i.e. vulnerable labels) or SN labels and any situation where the Company is unable to determine whether the Product(s) are in the Warranty Period for reasons not attributed to the Company;
  • Any modification of the original hardware of the Product(s) without the Company's prior written permission; and/or
  • Any other factors and/or reasons that will cause denial of Warranty specified in the PSA for the Product.
  (3) Product sent for maintenance and repair without proper packaging, including unpacked Product, Product without sufficient cushioning material, etc;   (4) Hashboards sent for R&M Services without chips; You will be required to pay for the chips replaced in the hash boards if we elect to add such chip to those hashboards.   4.3.2 For Products that are not entitled to R&M Services free of charge, we will provide you a fee quote when we have received and inspected your Product. We reserve the right not to commence the R&M Services until we have received the Services Fee in full from you. 4.4 Special Provisions for Mixed Board Products   4.4.1 You agree that we have the sole discretion in determining whether your Products are classified as Mixed Board Products and we reserve the right not to provide R&M Services to Mixed Board Products. For the purpose of this Agreement, “Mixed Board Products” refers to Products that contain hashboards not manufactured by the Company.   4.4.2 In the event that your Products are identified as Mixed Board Products, we will provide you with the following options:   (1) If we elect to repair your Mixed Board Products, you may choose to accept such Services by paying for the Service Fees we quote you in full, and we will return the repaired or Replacement Products to you once we receive your full payment of the Services Fee; or (2) If we elect to repair your Mixed Board Products and you are not satisfied with the fee quote we provide, then you shall let us know your decision not to repair and pay for the return freight. We will not return the Mixed Board Products to you until you have paid for the return freight and any other applicable fees (such as storage fee). (3) If we notify you that we elect not to repair your Mixed Board Products, you shall pay for the return freight. We will not return the Mixed Board Products to you until you have paid for the return freight and any other applicable fees (such as storage fee). 4.4.3 The repaired Mixed Board Products enjoy the Warranty Period of 15 days (starting from the date when the repaired Mixed Board Product is dispatched from the Service Center. 4.5 EOS Policy   You agree that we have the sole right to determine when to issue an EOS notification for a model or a batch of Products as long as all the Products with such model or in such batch have their Warranty Period expired. Once the EOS Notification Period expires, we will no longer provide the R&M Services for that model or batch of Products either for free or for charge. Meanwhile, you will not be able to create a Repair Ticket on the Website after the EOS Notification Period has expired. Article 5 Fee Payment 5.1 The exact amount of the Service Fee shall be determined at the time of Service.   5.2 Unless expressly specified, all the Service Fees are denominated in US Dollars. You should pay for the R&M Services in US dollars within 3 calendar days after we have provided you a fee quote (Failure to make payment within this timeframe may be deemed as your decision not to proceed with the repair of your Product). We will only start repairing your Product after receipt of your payment of the fee quote in full. You may pay for the Service Fees or other applicable fees through bank transfer (USD) or other payment methods supported by us. Please refer to the payment instruction displayed on the Website. You understand and agree that any losses caused by or arising out of your failure to refer to the payment instruction displayed on the Website shall be solely borne by you. After you complete the payment, please do make sure that you have uploaded to the Repair Ticket system the payment proof which includes the payor’s name and payment amount for us to match the payment we receive and the corresponding Repair Ticket. Otherwise, we might not be able to timely confirm if you have paid for the R&M Services and the Services might be delayed due to our inability to confirm receipt of your payment. 5.3 If you fail to pay the applicable Service Fees within thirty-five (35) calendar days after we have provided you with the fee quote and you fail to instruct us to ship back your Product (you must pay for the return freight), we will impose an additional storage fee commencing the  36 th calendar day at a rate of USD [$1.5] per day for each unit of mining machine and USD [$0.75] per day for one unit of PDU or other loose parts (such as hash board, control board). Should you fail to pay the applicable Service Fees within ninety-five (95) calendar days after we have provided the fee quote and you fail to settled all the outstanding fees and instruct us to ship back your Product (you must pay for the return freight), your Products will be deemed as abandoned by you, and we will notify you (through the contact information you provided in the Repair Ticket System) that we will dispose of your Product, which may include selling your Product at a private or public sale to recover any unpaid fees incurred in connection with your Product. You hereby agree that we should have the mechanics lien to the Products we receive. 5.4 If any Product is stored at our Service Center, 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 [36 th ] 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 Service Fee quote, we will notify you (through the contact information you provided in the Repair Ticket System) that your Product is deemed 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 settle any unpaid fees associated with the Product. You hereby agree that we should have the mechanics lien to the Products we receive.   Article 6 Returns 6.1 Unless you provide alternative instructions, we will return your repaired or Replacement Product to the mailing address you have furnished when you authorize the Services. If your Product is returned to us because delivery could not be completed at the address provided by you, we will attempt to contact you (through the contact information you provided in the Repair Ticket System) for an alternative mailing address. If you do not provide a valid address at which we or our agent may deliver your Product within 60 days after the original delivery attempt, we will notify you that it is deemed that your Product have be abandoned by you. You agree that in that case, we may dispose of your Product, and, specifically, may sell your Product at a private or public sale to settle any unpaid fees associated with the Product. You hereby agree that we should have the mechanics lien to the Products we receive.   6.2 We will use the carrier you have selected on the Repair Ticket to return your Product if practicable. If your preferred carrier is unable to deliver the Product to the address provided in the Repair Ticket, we will deliver the Product using an alternative carrier of our choice. Due to time constraints, we may not provide you with written notice prior to delivering your Product via the alternative carrier. You agree not to hold us liable for any losses and damages arising out of using such alternative carrier to ship back your Products. If you request that your Product be returned by air, we will charge you additional freight. You hereby understand and agree that we will not insure the package when returning the repaired Product unless you expressly request us to do so and pay for the insurance fee first. 6.3 Please note that whether we cover the return freight or not pursuant to this Policy, any local tariffs, taxes and other related custom clearing expenses (if any) shall be solely borne by you. 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.    6.4 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 Third Party Service Centers 7.1 Please note most of the Service Centers authorized to provide the R&M Services under this Policy are not operated by us but are third-party service providers. We have authorized these third-party Service Centers to provide the R&M services in accordance with the terms and conditions of this policy. 7.2 We expect all authorized third-party Service Centers to provide the R&M Services in compliance with this Policy. If you believe that a third-party Service Center is not providing the R&M services in accordance with this policy, please contact our After-sales Customer Service for assistance. Article 8 Limited Liability   8.1 SUCCESSFUL REPAIR AND MAINTENANCE DEPENDS ON THE EXTENT OF DAMAGE TO THE PRODUCT AND WE DO NOT GUARANTEE THAT ALL THE DEFECTIVE PRODUCTS CAN BE REPAIRED. WE WILL MAKE REASONABLE EFFORTS TO REPAIR ANY DEFECTIVE PRODUCT COVERED BY THE WARRANTY. IF WE REASONABLY DETERMINES THAT THE PRODUCT CANNOT BE REPAIRED OR IT IS NOT COST EFFICIENT TO REPAIR THE PRODUCT, WE WILL PROVIDE A REPLACEMENT PRODUCT OF THE SAME OR SIMILAR MODEL AND SPECIFICATIONS AT NO ADDITIONAL COST TO YOU. FOR PRODUCTS THAT ARE OUT OF WARRANTY, WE WILL MAKE REASONABLE EFFORTS TO REPAIR THE DEFECTIVE PRODUCT. IF THE PRODUCT CANNOT BE REPAIRED, WE WILL OFFER TO REPLACE IT AT YOUR REQUEST. HOWEVER, YOU WILL BE RESPONSIBLE FOR PAYING THE APPLICABLE SERVICE FEES AND THE COST OF THE REPLACEMENT PRODUCT. WE CANNOT GUARANTEE THAT WE WILL BE ABLE TO REPAIR OR REPLACE ANY DEFECTIVE PRODUCT. IF A PRODUCT CANNOT BE REPAIRED OR REPLACED, WE WILL NOT BE LIABLE FOR ANY ADDITIONAL COMPENSATION BEYOND WHAT HAS BEEN EXPRESSLY AGREED IN THIS POLICY.   8.2 TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, THE COMPANY DOES NOT ACCEPT ANY LIABILITY BEYOND THE REMEDIES EXPRESSLY 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, THE COMPANY 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 OR IN CONNECTION WITH THE SERVICES PROVIDED BY US, THE COMPANY’S LIABILITY TO YOU SHALL BE CAPPED AT THE TOTAL SERVICE FEES RECEIVED FROM YOU.    8.3 IF, DURING THE SERVICES PROVIDED BY ANY REPRESENTATIVE OF A THIRD-PARTY SERVICE CENTER, YOU EXPERIENCE ANY ISSUES (INCLUDING BUT NOT LIMITED TO HARASSMENT OR IMPROPER BEHAVIOR), YOU AGREE TO CONTACT OUR AFTER-SALES CUSTOMER SERVICE IMMEDIATELY. YOU AGREE THAT THE COMPANY’S SOLE LIABILITY TO YOU IN SUCH CASES SHALL BE TO PROVIDE ROUND-TRIP FREIGHT FOR YOU TO SEND THE DEFECTIVE PRODUCT TO ANOTHER AUTHORIZED SERVICE CENTER OF YOUR CHOICE. YOU AGREE TO SEEK ANY FURTHER RECOURSE OR COMPENSATION FOR ANY ISSUES ARISING FROM THE CONDUCT OF A THIRD-PARTY SERVICE CENTER DIRECTLY FROM THE THIRD-PARTY SERVICE CENTER ITSELF.   Article 9 Force Majeure   9.1 "Force Majeure" means any event or circumstance beyond the reasonable control of the Company, including but not limited to acts of God, natural disasters, wars, riots, civil commotion, acts of terrorism, epidemics, pandemics, quarantines, labor disputes, strikes, lockouts, shortages of or inability to obtain energy, materials, labor, or transportation, governmental actions, changes in laws or regulations, and other similar events or circumstances. If the Company is prevented from, hindered in, or delayed in performing any Services under this After-Sales Policy by reason of Force Majeure, the Company shall not be liable for any failure or delay in performance to the extent caused by such Force Majeure event.   Article 10 Miscellaneous    10.1 This Policy shall be construed, interpreted and enforced in accordance with, and the rights of the Parties shall be governed by, the laws of Singapore. 10.2 Any dispute arising out of or in connection with this Policy or the Services you received from us, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of three (3) arbitrators, one to be appointed by you, one to be appointed by the Company and the third to be appointed by the President of the Court of Arbitration of the SIAC for the time being. The language of the arbitration shall be English. The arbitration cost shall be borne by the losing party. The losing Party shall also compensate the winning Party’s legal fees and other expenses. The Parties also agree that Part 2 of the International Arbitration Act 1994 will apply. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION CLAUSE MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A REPRESENTATIVE OR COLLECTIVE CLASS BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE USER, PERSON, OR ENTITY CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER, PERSON, OR ENTITY. YOU HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A COURT TRIAL IN FRONT OF A JUDGE OR JURY. 10.3 If any term or provision of this Policy is held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, such term or provision shall be severed from this Policy, and the remaining terms and provisions shall continue in full force and effect as if such illegal, invalid, or unenforceable term or provision had never been included.