Limited Warranty 

Bitcoin ASIC Hardware

For new ASIC hardware an official manufacturer warranty may be provided by the manufacturer of the ASIC mining computer. Upstream Data Inc. will confirm the remaining status of the warranty period on ASIC hardware sold (if applicable). Please refer to the warranty conditions from the ASIC hardware manufacturer's official website.

For Used ASIC hardware no manufacturer warranty shall be included. All used hardware is sold as-is. Upstream Data Inc. will test all used hardware at its facilities prior to shipping to Buyer and a test checklist shall be provided with the sale.

Both New and Used ASIC hardware is expected to have a nominal percentage of hardware failures, as is typical in the industry. This can range anywhere between 1-5% failure rate (dead on arrival) on newly manufactured hardware and higher failure rates on used hardware. 

For both New and Used ASIC hardware the Buyer acknowledges that ASIC computers are sold by Upstream Data Inc. on an “as is where is” condition, with no guarantees or warranties, either expressed or implied.

Upstream Data Inc. Manufactured Goods

Warranty is provided for all products manufactured and sold by Upstream Data Inc. or its distributors for manufactured defects. Warranty on subcomponents supplied by third party vendors which are integrated into Manufactured Goods are passed through to the Buyer using the subcomponent supplier’s warranty terms.

Upstream Data Inc. warrants our manufactured product to be free from defects in workmanship and materials, under normal use and conditions, for a period of one (1) year for the original invoice date. The manufacturer agrees, at its option during the warranty period, to repair any defect in material or workmanship or to furnish a repaired or refurbished product of equal value in exchange without charge (except for a fee for shipping, handling, packing, return postage, and insurance which will be incurred by the Buyer). Such repair or replacement is subject to verification of the defect or malfunction and proof of purchase as confirmed by showing the model number on original dated sales receipt.

Natural Gas Engines, Generating Sets and Related Components

Upstream Data Inc. warrants that it will repair or replace, at its option, any natural gas engine, generator or subcomponent thereof that fails due to a defect in material or workmanship for a period of time up to and including the Warranty Period, provided the Buyer adhere to any and all conditions detailed below under ‘Warranty Eligibility Conditions’.

Engine and Generating Set Warranty Period

• 2500 engine-hours

Warranty Eligibility Conditions

• Buyer must contract Upstream Data Inc. or an Upstream Data Inc. approved subcontractor to install and commission the equipment. 
• A signed off commissioning checklist must be submitted by Upstream Data Inc. and the Buyer.
• Buyer must contract Upstream Data Inc. for all maintenance work for the duration of the warranty period.
• Buyer must not repair or replace any component or use any unauthorized third party to repair or replace any component for the duration of the Warranty Period.

Warranty Coverage and Responsibilities

• Upstream Data Inc. will use new parts for parts repair or replacement that is covered under warranty.
• All warrantied parts are covered 100% under the Warranty for the Warranty Period.
• All labor costs to repair products and parts are covered under Warranty if the repairs are completed at Upstream Data Inc.’s premises.
• All labor that is completed as part of the Warranty work at the Buyers premises shall be covered by the Buyer, including any and all travel expenses such as mileage, hotels and flights. See Upstream Data’s “Rate Sheet” for labor rates by the hour.
• All shipping costs to ship components eligible for Warranty to and from Upstream Data Inc.’s premises for repair shall be borne by the Buyer.

Conditions that Void Warranty

• Any maintenance work completed on the engine or generating set during the warranty period that is not conducted by Upstream Data Inc. or an Upstream Data Inc. approved service provider will void the warranty.
• Damage to components due to improper installation, negligence, alteration (including changes to engine controls), accident, or improper use. 
• Damage caused by lack of proper maintenance as advised by Upstream Data Inc., failure to follow Maintenance Schedule intervals, or failure to use or maintain proper type and levels of fluid, fuel gas, oil, and lubricants recommended by Upstream Data. 
• Damage caused by improper setting of fuel gas pressure and monitoring.
• Damage caused by engine timing misconfiguration, mistimed combustion cycle or high combustion / exhaust gas temperatures.
• Sour gas contamination above zero percent) (> 0% H2S).
• Damage caused or by improper fuel gas quality such as sour gas, excessively high heating value or other contaminants or impurities.
• Damage as a result of overheating, engine oil / coolant contamination or lack of lubrication.

Warranty Limitations

The warranty terms provided above do not cover:

• Damages resulting from any use for which the product was not intended.
• Damages resulting from incorrect or inadequate operating, maintenance or care.
• Damages resulting from misuse, abuse, negligence, accidents or shipping.
• Damages resulting from normal wear and tear.
• Damages incurred during assembly or maintenance.
• Damages to ASIC hardware installed and operated using Upstream Data Inc. manufactured goods.
• Damages including financial losses related to downtime of product, equipment or servers.
• Warranty repairs do not include travel or subsistence to a customer location