Core Scientific Repair Terms and Conditions

By submitting a request for repair to Core Scientific, Inc. (“Core”), you (and your employer, if you are an employee acting on behalf of your employer), (collectively “You”) are agreeing to be bound by the following terms and conditions (the “TAC”).

 

1. Authorizing Work

1.1 You authorize Core to perform the work described in the Repair Estimate (“Repair”) emailed to You on the device identified in the Repair Estimate (“Your Device”), subject to these TAC. If Your Device is under any applicable manufacturer’s warranty, then the terms of Core’s Limited Warranty (see below) also apply and will control if there are any conflicts with these terms. In particular, if the Warranty Status of Your Device is shown on the Repair Authorization as “In Warranty”, and Core determines on further inspection that the issue with Your Device is not covered by the Limited Warranty (for example, there is physical damage due to shipping), then additional charges not shown in the Repair Estimate may apply. In that case, Core will notify You of the additional charges prior to starting work on Your Device. Repair of Your Device will not begin unless and until You authorize the additional charges.

1.2 While Core may provide You with an estimated repair date or date range, Core’s ability to repair Your Device may depend on a number of factors outside Core’s control, including the availability of parts from the manufacturer, shipping times, the number of other repairs in queue, etc. For these reasons, Cores does not guarantee a turnaround time for repairs.


2. Data on Device

2.1 You are solely responsible for backing up any data on Your Device. Core may reset or change Your Device settings (e.g., pool configurations) as part of the repair and testing process. Core will not back up or restore Your data and is not responsible for any data that is lost or corrupted. Core will not treat data on Your Device as confidential and disclaims any agreement with You or other obligation to do so.


3. CONFIDENTIALITY

3.1 To the extent You receive any confidential information from Core, for example, price quotes or lists, or software or information about Core’s repair methods (“Confidential Information”), You agree not to disclose it except: (a) to Your co-workers, employees, directors, officers, legal advisors, or auditors having a need to know such Confidential Information; (b) in accordance with a judicial or other governmental order or when such disclosure is required by law, provided that prior to such disclosure You notify Core and comply with any protective order or equivalent; or (c) in accordance with a regulatory audit or inquiry, without prior notice to the disclosing party, provided that the receiving party shall obtain a confidentiality undertaking from the regulatory agency where possible. You may not make use of any Confidential Information except for the purposes of the Repair. However, You shall have no obligation to maintain the confidentiality of information that: (a) You received rightfully from another party prior to its receipt from Core; (b) Core discloses generally without any obligation of confidentiality; (c) is or subsequently becomes publicly available without Your breach of any obligation owed to Core; or (d) is independently developed by You without reliance upon or use of any Confidential Information. The obligations under this clause shall survive for a period of four (4) years following receipt of the Confidential Information.


4. SHIPPING

4.1 You are responsible for shipping charges to and from Core’s facility and any damages that occur during shipping. Shipping charges will be added to the final invoice. Core does not ship internationally.


5. CORE RESPONSIBILITIES & LIMITED WARRANTY

5.1 Core may use rebuilt, reconditioned, or new parts or components when repairing Your Device. Core will thoroughly test Your Device to ensure that the repair performs as intended.

5.2 For repairs by Core covered under Your Device’s manufacturer warranty, those manufacturer warranty terms will apply. For repairs not covered, Core’s Limited Warranty shall apply as follows. Core warrants its repairs for a period of fifteen (15) days after You receive Your Device (the “Warranty Period”). To use this warranty, You must notify Core that Your Device has experienced a failed repair by filling out a new Repair Request no later than the end of the Warranty Period and specifically request repair under the Core Limited Warranty. You must then ship Your Device back to Core. Core's Repair Department will diagnose Your Device upon receipt. If Your Device is found to be non-operational due to failure of the component(s) that Core previously repaired or replaced (e.g., same failed board), Core will re-repair or replace those component(s) again at no charge, including shipping. If the same failure recurs yet again within fifteen (15) days of Your receipt of Your Device, Core may designate Your Device irreparable and refund the fees You paid for the failed Repair. This warranty does not apply to defects unrelated to the repair Core performed, nor does it apply to defects resulting from shipping damage or any action by You, including but not limited to mishandling, physical damage, water damage, non-OEM firmware, operation outside of design limits, improper repair by someone other than Core, or unauthorized modification. This warranty is VOID if Your Device shows evidence of having been tampered with (e.g., broken seal) or shows evidence of being damaged as a result of excessive corrosion; excessive current, heat, moisture or vibration; improper firmware or settings; misuse; overclocking; abuse or other operating conditions outside of Core's control. Core reserves the right to VOID its warranty if any improper software installations or modifications have been made after Your Device has left Core.

5.3 Unless otherwise required by law, all replaced devices, parts, components, boards, and equipment will become the property of Core, and You waive all rights You may have under state or other laws to the replaced device or repaired or replaced parts.

5.4 Subject to paragraph 2.1 above regarding data, Core will be responsible to the extent provided under applicable law for the physical safekeeping of Your Device while in Core’s possession for Repair. You are responsible for Your Device during transit, and You are responsible for procuring shipping insurance if desired. If Your Device is lost or damaged while it is in Core’s possession for Repair, Core will repair Your Device or replace it with an equivalent device, which at Core’s option may be new or refurbished.

5.5 If You fail to make payment for any charged repairs or return shipping after repeated efforts to contact You, after thirty (30) days following the completion of repairs Core will treat the device as abandoned and may dispose of the property in its sole discretion in accordance with applicable provisions of law, including selling or scrapping to recoup administrative and repair costs.


6. LIMITATION OF LIABILITY/INDEMNITY

6.1 THE LIMITED WARRANTY STATED ABOVE SETS OUT THE FULL EXTENT OF CORE’S RESPONSIBILITIES, AND THE EXCLUSIVE REMEDY REGARDING WORK PERFORMED OR PARTS SUPPLIED BY CORE IN CONNECTION WITH THE REPAIR OF YOUR DEVICE. ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THE LIMITED WARRANTY. IN NO EVENT WILL CORE BE LIABLE FOR DAMAGES IN EXCESS OF THE TOTAL AMOUNT DUE FOR THE REPAIR OR $100, WHICHEVER IS GREATER, INCLUDING WITHOUT LIMITATION, COMMERCIAL LOSS OF ANY SORT; LOSS OF USE, TIME, DATA, REPUTATION, OPPORTUNITY, GOODWILL, PROFITS OR SAVINGS; INCONVENIENCE; INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES; OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE PRODUCT. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE DISCLAIMER OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. CORE IS NOT LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE TO THE EXTENT CAUSE BY CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL. YOU AGREE TO INDEMNIFY CORE FROM AND AGAINST ANY CLAIMS BROUGHT AGAINST IT ARISING FROM YOUR BREACH OF APPLICABLE LAW OR THESE TERMS AND CONDITIONS.


7. METADATA, PERSONAL INFORMATION, AND REVIEWS

7.1 You understand and agree Core may collect metadata logs during diagnostic evaluation of Your Device to facilitate repairs and to improve Core’s repair process. The data collected may be shared with Core affiliates and will not be distributed further without Your consent. Data types that may be collected from Your Device include for example the following: device manufacturer, device model number, device serial number, device firmware type, and kernel logs.

7.2 Personal information that You provide to Core in connection with Your requested Repair (such as name, email address, shipping address) will be used to fulfill the Repair You have requested and as otherwise permitted in our Privacy Policy. Core will not sell, rent, or otherwise disclose such information (except as required by Your Device’s manufacturer for warranty purposes, to Core’s service contractors or vendors, or as permitted in our Privacy Policy) without Your prior approval.

7.3 If You complete a post-Repair survey or review, You agree that Core may use all or portions thereof in Core’s marketing of its repair services, including on Core’s website.


8. MISCELLANEOUS

8.1 Entire Agreement. To the extent permitted by applicable law, these TAC state all terms agreed by the parties and supersede all other agreements by the parties relating to its subject matter.

8.2 No Modification. No agent, employee, dealer, representative or reseller is authorized to modify these TAC, to extend or change the Limited Warranty above, or to make binding representations or claims, whether in advertising, presentations or otherwise, on behalf of Core regarding the Repair.

8.3 Severability. You and Core agree that it is our intention that these TAC be enforceable in accordance with their terms to the fullest extent permitted by law. You and Core agree that if any portion of these TAC are adjudged by a court to be invalid or unenforceable, that adjudication will not invalidate the remainder of these TAC and they will be fully enforceable.

8.4 Non-Waiver. Core’s or Your failure to exercise or enforce any right or provision of these TAC will not constitute a waiver of the right to subsequently enforce such provision or any other provisions herein.

8.5 Notices. Any notice required or permitted to be sent hereunder shall be in writing and shall be sent in a manner requiring a signed receipt such as authenticated email with read receipt, overnight courier delivery, or if mailed, then mailed by registered or certified mail, return receipt requested. Notices shall be sent to (i) You at the address entered by You in Your request for repair, and (ii) Core at 2800 Northup Way #220 Bellevue, WA 98004, provided that either party may change its address by notice given pursuant to this Section.

8.6 Choice of Law and Forum. THESE TERMS AND CONDITIONS ARE GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF WASHINGTON, WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THESE TERMS AND CONDITIONS MUST BE BROUGHT IN THE FEDERAL OR STATE COURTS LOCATED IN KING COUNTY, WASHINGTON, AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.

8.7 Waiver of Jury Trial. BOTH CORE AND YOU WAIVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE RIGHT TO A JURY TRIAL.