Final Sale

All sales are final.

Purchase Price

All bitcoin mining ASIC hardware quoted by Upstream Data Inc. may be re-priced upon order confirmation. ASIC hardware value fluctuates frequently and Upstream Data Inc. cannot supply a firm quote until the purchase order is committed and funds are received. Shipping and relevant customs duties for ASICs are a separate fee unless otherwise noted.

Payment Terms

Payment terms are provided with supplied quotation, if no quotation is supplied payment terms are due upon order confirmation.

All ASIC hardware must be paid 100% in full at the time of order. The order will not be processed until all funds are received. Payment may be made in Canadian dollars, US dollars or bitcoin.

Returns, Refunds & Exchanges

Upstream Data Inc. does not provide refunds, returns or exchanges for ASIC hardware purchases.

Upstream Data Inc. reserves the right to reject and refund payment to the Buyer at any time in such cases where the ASIC hardware inventory or price has changed prior to order commitment. In such cases funds will be returned in full to the Buyer in the currency that was used for payment.

For products manufactured by Upstream Data Inc. Buyers are eligible for refunds at the discretion of Upstream Data Inc. and restocking fees up to 25% may be applied.

Where refunds are approved by Upstream Data Inc. the return of funds will be in the denomination of the currency that was used to pay for the order. For example, orders paid for in bitcoin will be returned in full in bitcoin.

In special cases where return or exchange of defective ASIC hardware is approved by Upstream Data Inc. all related shipping costs to and from Upstream Data Inc. facilities are borne by the Buyer. All returned ASIC hardware must be shipped to Upstream Data Inc. facilities as outlined below. The cost of return shipping is solely the expense of the Buyer.

Upstream Data Inc.

5702 63 Ave, Bay #5

Lloydminster AB T9V 3T7

Shipping and Installation Costs

Buyer shall pay any and all costs, charges, taxes, packaging, duties and other expenses arising from and/or relating to the shipping, importation, and installation of the Goods sold.

 

Transactions at Closing

Title to the product shall transfer immediately upon delivery of the product to the Buyer. The product shall be free and clear of all liens, charges, and encumbrances whatsoever.

 

Tax Obligations

Buyer shall be fully responsible for paying and/or reimbursing Upstream Data Inc. and/or Upstream Data Inc. affiliates for any and all applicable taxes that are or may become payable in connection with the sale of product, including but not limited to sales taxes, use taxes, goods and services taxes, value-added taxes, stamp duties, transfer taxes, or similar consumption-type non-income taxes.  Further, Buyer shall also be fully responsible for self-assessing its tax obligations on the purchase of the product and either (i) remit taxes to the applicable authority when liability exists on the product and is not collected and remitted by Upstream Data Inc.; or (ii) provide Upstream Data Inc. with a certificate or other acceptable proof evidencing an exemption from such liability of tax obligations.

For further information, please see Canada’s Excise Tax Act, Part IX, Goods and Services Tax.

 

Governing Law 

The validity and construction of this Agreement shall be governed by the substantive laws of the Province of Alberta, Canada.

Buyer and Seller Disclosure

Upstream Data Inc. affirms that the information about the product as invoiced is accurate to the best of its knowledge. The Buyer understands that the product is sold by Upstream Data Inc. on an “as is where is” condition, with no guarantees or warranties, either expressed or implied.

Acknowledgement

The Buyer acknowledges by remitting payment, they have read, understand and accept the terms of this policy. The Buyer is confirming they have the authority and capacity to act as an agent of the legal entity they are representing and do so in good faith. 

 

 

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

Definitions

Buyer - a person who buys or agrees to buy goods; thus a party to a contract of sale.

Gas engine - means a positive-ignition engine which is fuelled with natural gas (NG) or liquefied petroleum gas (LPG). 

Generating set - an independent non-road mobile machine that is not part of a power train, primarily intended to produce electric power. 

Hardware - any and all computer and computer-related hardware, including, but not limited to, computers, file servers, facsimile servers, scanners, color printers, laser printers and networks.

Limited Warranty - this warranty is restricted to specific parts, certain types of defects, or other limitations specified in the warranty document. The limited warranty expires after the specified time period has ended. 

Manufactured Goods - goods that are produced and transformed mainly by the application of labor and capital to raw materials and other intermediate inputs.

New - purchased or supplied goods that are governed by the express written manufacturers' warranty.

Payment - the performance of an obligation to pay fiat currency or crypto currency. A person under such an obligation is called a debtor, and a person to whom the obligation is owed is called a creditor. 

Repair - to restore to former condition or to operational soundness.

Replacement (replace) - a new consumer product which is identical or reasonably equivalent to the warranted consumer product.

Sale - the transfer of property or title for a price or the agreement by which such a transfer takes place.

Subcomponent(s) - a part of a component which cannot be further separated into its constituent parts without destroying its integrity.

Supplier - a person or organization that provides a product or service to another business.

Tax Obligation - any amount of Tax owing by a Person to a Taxing Authority.

Used - a good that is bought by or otherwise transferred to a later end user. Any good that is beyond the original manufacturer’s warranty period.