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Legal:Smart Access Gateway Addendum to the Alibaba Cloud International Website Product Terms of Service

Last Updated:Feb 16, 2023

This Addendum applies to you when you purchase Smart Access Gateway Hardware on the Alibaba Cloud Platform and provide a Mainland China shipping address. This Addendum does not apply to you when you purchase Smart Access Gateway vCPE.

1. Shipment: Alibaba Cloud will ship the hardware to you to the shipping address. Alibaba Cloud shall assume transportation costs related to your shipment. You shall receive the hardware at the time agreed with Alibaba Cloud. Risks of losses and damages to the hardware shall be borne by Alibaba Cloud before you receive the hardware, and shall pass to you after your receipt of the hardware.

2. Receipt: You shall check the product name and quantity of the hardware for receipt purpose. If the quantity of goods is incorrect, or the product name fails to match the physical product, or the hardware is not brand new or damaged or destroyed in terms of non-package parts, you shall refuse receipt of the goods. If you do not receive the goods within a specified time limit and do not give feedbacks on reasons for such refusal, you shall be deemed to have received the goods. Alibaba Cloud shall be also entitled to hold the rejected goods in custody for security concern of your hardware. Consequential management fees (e.g. transport, warehousing) shall be borne by you.

3. Tester: Alibaba Cloud may provide you with testers. Testers are not subject to the requirements above. Upon expiration of the testing period, you shall send the hardware back to Alibaba Cloud. If the testers meet requirements, they can be turned into machines officially for sales upon confirmation by both parties.

4. Instances: When you purchase Alibaba Cloud Smart Access Gateway Hardware, Alibaba Cloud will distribute service instances to you in the console. The instance corresponds to the hardware equipment respectively. Once the instance information is deleted, you can no longer use the corresponding hardware equipment. Alibaba Cloud seriously reminds you that you shall be careful in instance deletion.

5. After-sales (applicable to Mainland China only)

5.1. For Smart Access Gateway Hardware newly purchased from Alibaba Cloud, we provide one-year maintenance service for SAG-100WM, and two-year maintenance service for SAG-1000, commencing from your order date. During the maintenance term, the equipment can be repaired or replaced free of charge in the case of non-human damages or malfunction. After the expiration of the maintenance term, if you still need the maintenance service, you shall purchase the extended maintenance service to enjoy repairing or replacing services free of extra charge (“Extension”) The term of Extension shall commence from the date of your Extension service purchase and end on the expiration date specified at the time of purchase, unless you continue purchasing Extension service.

5.2. You may only purchase Extension for equipment that functions in an ordinary manner and in good conditions. We will NOT accept your Extension purchase for the following circumstances:

 (1) The equipment you have repaired;

 (2) The equipment with serious collision marks;

 (3) Short-circuit, burn-through, or puncture of the main board;

 (4) Serious corrosion;

 (5) Lack of components in the machine;

 (6) Other malfunctions or damages which severely affect the normal operation of the equipment.

5.3. Within the original and extended maintenance term, if the hardware you purchase malfunctions, you inform us, and we determine the hardware needs to be repaired, you shall send the malfunctioning components or equipment to our maintenance center in accordance with our notice for free repairing or replacing. If it’s permitted by the laws and regulations, we may, at our own discretion, repair or replace free of charge.

5.4. In order to shorten the time of equipment not available to you due to equipment malfunction, when you notify us of the malfunction, upon negotiation and agreements by both parties, we may send good spare parts from the instant spare parts warehouse (subject to the then current stock) to your malfunctioning equipment location (only within Mainland China). After receiving the good spare parts, you may make spare part replacements on the malfunctioning equipment and send the malfunctioning component to our service center within 3 working days for repair. You shall return the spare machine after the equipment is repaired. Alternatively, you may keep the spare parts for use with our consent and we will not return your equipment.

5.5. We adopt a second working day's policy of spare parts delivery (8x5xNext Business Day) to provide spare parts delivery service to users of instant maintenance services from 09: 00 a.m. to 3: 00 p.m. Monday to Friday (excluding China statutory holidays). Spare parts in good conditions will be released the same day if hardware malfunction confirmation is made before 3: 00 p.m. Good spare parts will be released the following working day if hardware malfunction confirmation is made after 3: 00 p.m. We adopt express service of ordinary express companies for equipment delivery, and make no guarantee on the delivery time of express service by express companies.

5.6. No free maintenance or Extension service will be available in the following circumstances:

 (1) Breakdowns or damages caused by human factors;

 (2) Breakdowns or damage caused by unauthorized use of the Product beyond normal conditions for use (such as abnormal temperature, humidity, anti-static, anti-lightening, stable voltage, dust conditions);

 (3) Use or maintenance of the Product not in accordance with the requirements or instructions of Alibaba Cloud;

 (4) Use of the Product outside mainland China;

 (5) Dismantling, refitting or repairing the Product by someone neither Alibaba Cloud nor a person authorized by Alibaba Cloud;

 (6) Use of the Product for purposes involving frequent moving or disassembling such as experiments and demonstrations;

 (7) Our failure to confirm the consistency of products for repair due to false equipment information or secretly replacing the equipment to be repaired;

 (8) Damage caused by force majeure;

 (9) Other malfunctions or damages not arising from the design, manufacture or quality of the Product.