Sun's Money Back Guarantee

Sun Microsystems Money Back Guarantee program ("Program"), which applies to the products, configurations and maximum quantities referred to at http://www.sun.com.au/promos/sunselect/moneyback.jsp, ensures that you will be satisfied with your purchase or Sun will refund the price you paid for it up to 60 days after receipt of the product. Sun will not reimburse you for any shipping costs you incur in returning the merchandise. These costs are your responsibility. Sun's obligation to reimburse is subject to the requirements specified in Sections 1, 2 and 3 below. Your rights to receive your money back under this policy is in addition to any rights you may have under the sales agreement between you and Sun covering the sale and purchase of the product.

Requirements for Offering the Guarantee

The Program will only apply to selected products, configurations and maximum quantities referred to at http://www.sun.com/promos/sunselect/moneyback.jsp, and will not cover excluded items as described in Section

The Program will be run for a limited time only and Sun may terminate the Program at any time without notice. Termination of the Program will not affect your rights to obtain a refund on eligible products purchased before the Program is terminated.

The general requirements in order to be eligible for a refund under the Program are:

1. The Program only applies to those products and maximum quantities listed at http://www.sun.com/promos/sunselect/moneyback.jsp. The list eligible of products and maximum quantities will change from time to time and those covered will be those that are on the website at the time the purchase order is received.
2. The purchase order must contain reference to the promotion with "EVALUATION" clearly referenced in the number or the comments on the purchase order.
3. You are only eligible for a refund under the Program if the products have been purchased outright, rather than leased or rented.
4. You must be located in Australia or New Zealand, must be the end user and must have purchased the eligible products from Sun Microsystems Australia Pty Limited or Sun Microsystems (NZ) Ltd, for use in Australia or New Zealand.
5. The Program may also be extended at Sun's discretion to certain Sun authorised partners but only if they agree to extend the Program and offer refunds on eligible products to their customers/end users on no worse terms than these. A list of the eligible partners can be found at http://www.sun.com/promos/sunselect/moneyback.jsp. If you purchase an eligible product from one of these partners you may be entitled to claim a refund from the partner that sold you the product however, Sun suggests that you check with the partner prior to purchasing the product to that it is covered by the Program and if so whether any additional restrictions or conditions apply. This is a matter for you and the partner to resolve. Sun makes no promises that a partner will honour any claim made against it and acceptsno responsibility in the event that a partner fails to honour such a claim.
6. A customer is not entitled to receive refunds on more than 3 items or products during any 12 month period.
7. Sun reserves the right not to offer the Guarantee to specific customers if any prior reimbursement requests have been denied.

Requirements for Honouring Reimbursement Requests

Specific item exclusions. If any of the following exclusions apply you will not be eligible for a refund under the Program:

1. Products that have been damaged by you;
2. Products that are not in the original packaging;
3. Products that have been modified, altered or adapted without Sun's written consent;
4. Products that have been:
1. used in breach of your agreement with Sun;
2. used directly or indirectly in supporting activities prohibited by US, Australian, New Zealand or other national export regulations;
3. used by parties appearing on the most current US export exclusion list;
4. relocated to countries subject to US trade embargo or restrictions; or
5. used remotely to facilitate any activities in the countries referenced above; Packaging is damaged or marked in any way;
5. Products that have been sold and warranted as part of a preconfigured and factory tested system have been dismantled or subdivided;
6. Products that do have the original accessories, manuals and guides; and
7. e-options that are not in original packaging and have been damaged or modified in any way.

Filing a Request for Reimbursement

Reimbursement requests must be filed with Sun or the Sun entity that supplied the product after making an attempt to resolve the issues you have with the products.

For customers that have purchased directly off Sun they may file the request for reimbursement at https://www.sun.com.au/secure/mbg/returnrequest.jsp.

Customers that have purchased from a Sun Partner and not directly from Sun Microsystems must contact the Partner who will manage the returns process and money back guarantee on the customers behalf including the lodgement of the Money Back Guarantee Return Authorisation.

In order to be entitled to receive a refund under the Program you must return the product to Sun or its nominee in accordance with all shipping and courier instructions along with:

1. all of its original packaging and labeling, including the shipping docket;
2. a completed Money Back Guarantee Return Authorisation Form submitted by the end user or Partner (if not purchased directly from Sun) at https://www.sun.com.au/secure/mbg/returnrequest.jsp; and
3. a printout and/or written descriptions of any and all correspondence that has occurred between you and Sun to resolve your concerns.

The returned product must be received by Sun within 60 days of the day that you received it.

Failure to provide all necessary reimbursement request materials may result in denial of the reimbursement.

Payment of Reimbursement Requests

Reimbursements will be made to you by payment or credit note within 45 days of receipt of the returned item in accordance with the requirements detailed above.

Additional Terms

1. Fraud: Under no circumstances will Sun reimburse requests in the event of fraud or misrepresentation by the Customer. In addition, fees will not be refundable in cases of fraud.
2. Exercise of judgment. Customer are expected to exercise due diligence and prudent judgment to avoid or reduce any damage to the covered property. No person or entity other than the Customer shall have any legal or equitable right, remedy, or claim for reimbursement under or arising out of this Guarantee.
3. All decisions are final. All reimbursement request decisions made by Sun are final and cannot be appealed by either the Customer or Sun Certified Partner.
4. It is your responsonsibility to back up all data on any hard drives or storage devices before returning the item to Sun. Sun is not responsible for any data lost or damaged not for any associated data restoration. Further it is your responsibility to ensure that no confidential, proprietary, sensitive, classified or personal information remains on any item before you return it to Sun.
5. Sun may require you to return any system returned by you to the original factory shipped hardware and configuration.

Liability

SUN WILL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE IN CONNECTION WITH OR ARISING OUT OF THIS PROGRAM (INCLUDING WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE DATA, ELECTRONIC BREACH OF CONTRACT OR OTHER ECONOMIC ADVANTAGE), HOWEVER THEY ARISE WHETHER IN BREACH OF CONTRACT, TORT, INCLUDING NEGLIGENCE, OR BREACH OF WARRANTY AND EVEN IF SUN HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Nothing in this section affects any statutory rights of consumers that cannot be waived or limited.