Western Digital
Terms and Conditions

If you have purchased your WD Care Service Plan from Jan 1st 2013:

The WD Care Extended plan (“WD Care Extended Plan”) or WD Care Express plan (“WD Care Express Plan” and together with WD Care Extended Plan, the “Service Plans”) you purchase, are governed by these Terms and Conditions.  These Terms and Conditions govern the provision of each Service Plan for the WD hard drive listed in your Service Plan's Activation Confirmation ("Product") and constitute your contract with Western Digital Technologies, Inc. ("WD") for such Service Plan(s).

  1. Scope.  This is an additional agreement between you and WD and does not affect any rights that you may have under statutory law against the seller of the Product.

  2. Consumer Rights.  IN ADDITION, WHERE THE PRODUCT AND SERVICE PLAN IS PURCHASED BY CONSUMERS, THESE TERMS AND CONDITIONS DO NOT AFFECT THE LEGAL RIGHTS YOU HAVE UNDER ANY CONSUMER PROTECTION LAWS.  FOR THOSE CONSUMERS WHO HAVE THE BENEFIT OF CONSUMER PROTECTION LAWS OR REGULATIONS IN THEIR STATE, REGION, PROVINCE OR COUNTRY OF PURCHASE OR, IF DIFFERENT, THEIR STATE, REGION, PROVINCE OR COUNTRY OF RESIDENCE, THE BENEFITS CONFERRED BY A SERVICE PLAN ARE IN ADDITION TO ALL RIGHTS AND REMEDIES CONVEYED BY SUCH CONSUMER PROTECTION LAWS AND REGULATIONS. SOME COUNTRIES, STATES, REGIONS AND PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSIONS OR LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS AND CONDITIONS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY BY COUNTRY, STATE, REGION OR PROVINCE. 

  3. Country Specific Terms.  Additional and/or different terms may apply depending on your country, province, region or state of residence. Please refer to Section 12 entitled "Country Variations" for further information.

  4. Purchase and Activation. Purchase of a Service Plan must be made within one (1) year after the purchase date of the Product.  To activate any Service Plan and receive your activation confirmation ("Activation Confirmation"), you must promptly register such Service Plan's unique activation code as described in the instructions included in each such Service Plan's packaging. You must complete activation of any Service Plan within thirty (30) days of purchase of such Service Plan (“Activation Period”).

  5. Coverage.   WD's obligations under a Service Plan are limited, and are as set forth herein.
    1. If, during the Service Plan Term (as defined below) and in the course of the Product’s normal use, the Product has a defect in material or workmanship or does not perform to WD’s published specifications, WD will, at its option and in its sole discretion, (i) repair the Product using new or previously used parts that are equivalent to new in performance and reliability, (ii) replace the Product with a new or recertified product that is equivalent to or better than the Product, or (iii) exchange the Product for a refund of your purchase price.
    2. A Service Plan is available for purchase only by the original purchaser of the Product, or, to the extent the original purchaser of the Product is an authorized consultant or other agent of the initial end user of the Product, then by the initial end user of the Product. The Service Plan must be initially purchased within the applicable standard limited warranty period of the Product. The Service Plan may only be purchased once, and is not renewable. Other than as set forth below in this Section 5(b), a Service Plan may not be transferred to another party and may only be accessed and used by the original purchaser of the Service Plan.
    3. The applicable services under a Service Plan begin on the date you purchase and activate the Service Plan and end on the date specified in your Activation Confirmation (such term, the "Service Plan Term").   To the maximum extent permitted by applicable law, the repair and replacement services described in Section 5(a) shall extend to repaired or replaced Products for the balance of the Service Term Plan or ninety (90) days from the date of shipment of a repaired or replaced Product, whichever is longer.
    4. Service options, parts availability and response times will vary according to state/region/country. Depending on the Service Plan you have purchased, you may be responsible for shipping and handling charges if the Product cannot be serviced in the state/region/country it is in.

  6. Your Responsibilities. To receive service or support under any Service Plan, you agree to acknowledge and comply with the following:
    1. Provide proof of purchase of the Product and Service Plan, your Activation Confirmation and serial number of the Product;
    2. Provide information about the symptoms and causes of the problems with the Product;
    3. Respond to requests for information, including but not limited to the Product serial number, model, version of the operating system and software installed (if applicable), any peripherals devices connected or installed on the Product (if applicable), any error messages displayed, actions taken before the Product experienced the issue and steps taken to resolve the issue;
    4. Follow instructions WD gives you, including but not limited to refraining from sending WD products and accessories that are not subject to repair or replacement service or Service Plans and packing the Product in accordance with WD’s reasonable shipping instructions; and
    5. Make sure, before delivering the Product for services by WD, that you keep a separate backup copy of all data, and disable any security passwords. While the Product is being serviced by WD, the data contained on the Product may be erased, lost or damaged. WD is not responsible for any erased, lost or damaged data. You are responsible for reinstalling all such software, data and passwords

  7. Obtaining Services; Product Repair Process
    1. Obtaining Service. To obtain service under a Service Plan, you may contact WD through its website or by telephone (see http://support.wdc.com/contact/). Telephone numbers may vary according to your location. When accessing the website, follow the instructions for requesting repair service provided by WD. If calling, a WD technical support representative will answer, request necessary confirmations for purchase of a Service Plan, advise you and determine what service is necessary for the Product. All service is subject to WD's prior approval. Location of service may vary due to your location. Keep your Activation Confirmation document and the original sales receipt for your Product and your Service Plan.
    2. Product Repair Process; RMA. If your Product is under the term of an effective Service Plan, and is defective, you may contact WD via its website or by telephone (see (see http://support.wdc.com/contact/ for telephone numbers). You are required to provide your Product serial number, date of Product purchase, date of Service Plan purchase and activation, description of the performance of the Product, and any other information reasonably requested by WD, and follow instructions reasonably given by WD. No Product may be returned directly to WD without first obtaining an RMA number. To obtain an RMA number and make a claim please visit http://support.wdc.com/warranty/. If it is determined that the Product may be defective and it is necessary for it to be returned, you will be given an RMA number and instructions for Product return. An unauthorized return, i.e. one for which an RMA number has not been issued and/or one that does not conform to the instructions given for Product return, will be returned to you at your expense. 
    3. Express Service.  If you have purchased a WD Care Express Plan and (i) submit a complete and valid RMA request and (ii) receive a RMA number by 12:00pm CET, WD will turn-around such RMA claim within one (1) business day.  If you receive a RMA number from WD after 12:00pm CET, WD will turn-around such RMA claim within two (2) business days.    To receive a RMA number you will be required to provide a valid credit card number.  Turn-around times do not include shipment times.  RMA turn-around and shipment times will vary and are subject to (I) holidays observed by WD and the city/country in which the replacement drive must be shipped and (II) service interruptions or failures caused by events beyond the control of WD.  You will have thirty (30) days from the date you receive your RMA number to return the defective Product.  If no defective Product is returned within that time, you will be billed approximately thirty (30) days from the date the replacement product was shipped by WD for an amount equal to the purchase price of the replacement drive as of the date of the applicable RMA claim.  
       
  8. Exclusions and Limitations.
    1. Service Plans are not provided for any non-Products, including, without limitation, any third party hardware products or any software, even if packaged or sold with WD hardware. Manufacturers, suppliers, or publishers other than WD may provide their own guarantees and warranties to the end-user purchaser, but WD, to the extent permitted by law, is not responsible for such guarantees or warranties of these other parties. Software distributed by WD with or without the WD brand name (including, but not limited to system software) is not covered under a Service Plan. Refer to the licensing agreement accompanying the software for details of rights with respect to its use. WD is not responsible for damage arising from failure to follow instructions relating to the Product's use and/or storage.
    2. WD shall have no liability nor provide service for any Product returned if WD determines that (i) the Product was not purchased from an authorized distributor or authorized reseller in the region in which the Product was first shipped, (ii) stolen from WD, or (iii) that the asserted defect (I) is not present, (II) cannot reasonably be rectified because of damage occurring before WD receives the Product, or (III) is attributable to misuse, improper installation, alteration (including removing or obliterating labels and opening or removing external enclosures, including the mounting frame, unless the product is on the list of limited user-serviceable products and the specific alteration is within the scope of the applicable instructions, as found at http://support.wdc.com), accident or mishandling while in the possession of someone other than WD. 
    3. Service Plans also do not cover: (i) damage caused by use with equipment, hardware or software that is not a Product; (ii) damage caused by operating the Product outside the permitted or intended uses described by WD; (iii) damage caused by flood, fire, earthquake or other external causes; (iv) Products upon which the WD serial number, or portion thereof, has been removed, altered or defaced; (v) service necessary to comply with the regulations of any government body or agency arising after the date of retail purchase by you; (vi) Product that is lost or stolen, or is otherwise not received by WD in its entirety; (vii) damage caused by normal wear and tear, and by normal aging, including, without limitation, cosmetic damage; or (viii) preventative maintenance on the Products.
    4. TO THE EXTENT PERMITTED BY LAW, AND EXCEPT AS MAY BE PROVIDED PURSUANT TO WD'S STANDARD LIMITED WARRANTY, THE SERVICE PLANS AND THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED, AND WD SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABLE QUALITY, AND THOSE AGAINST HIDDEN OR LATENT DEFECTS. IF WD CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES AND CONDITIONS, THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE STANDARD LIMITED WARRANTY PERIOD AND TO REPAIR OR REPLACEMENT SERVICE AS DETERMINED BY WD IN ITS SOLE DISCRETION. No WD reseller, agent, or employee is authorized to make any modification, extension, or addition to the Service Plans or any portion thereof
    5. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WD AND ITS EMPLOYEES AND AGENTS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF WD'S OBLIGATIONS PURSUANT TO THE SERVICE PLANS, OR WD ACTIONS OR INACTIONS RELATED TO THE WD SERVICE PLANS, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, OR CORRUPTION OF, DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH THE PRODUCT(S) AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT(S). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMIT OF WD AND ITS EMPLOYEES AND AGENT'S LIABILITY TO YOU ARISING UNDER A SERVICE PLAN SHALL NOT EXCEED THE ORIGINAL PRICE PAID FOR SUCH SERVICE PLAN. THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS. WD DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY PRODUCT UNDER A SERVICE PLAN OR MAKE A PRODUCT EXCHANGE WITHOUT RISK TO OR LOSS OF THE PROGRAMS OR DATA.

  9. Backing Up Data/Data Security. You should make daily backup copies of the data and programs contained on the Product to protect your data and as a precaution against possible operational failures. Neither WD nor its authorized resellers are liable for any damage to or loss of any programs, data, or other information stored on any media, or any non-Product or part not covered by the Service Plans. Recovery and reinstallation of system, application software, and user data are not covered under the Service Plans.

  10. Cancellation.  You may cancel and return a Service Plan to the point of purchase for up to a period of (i) thirty (30) days of your Service Plan's purchase or (ii) fifteen (15) days after activation of your Service Plan (provided such activation has occurred within the requisite Activation Period), whichever is later, at your expense, and you will receive (unless local law provides otherwise): a full refund less the value of any services provided under your Service Plan. This does not affect your statutory rights that you may have as a consumer towards the person from whom you purchased the Service Plan. 

  11. General Terms.
    1. To the extent permissible by law, these Terms and Conditions shall be, in all respects, governed by and construed under the laws of the State of California, without regard to its conflict of laws provision, and the parties submit to exclusive jurisdiction of the courts of Orange County, California.  The information contained herein is subject to change to comply with applicable law without notice. To the extent terms are added, removed or revised other than in order to comply with applicable law, and such change(s) is materially adverse to you, WD shall provide you with advance notice through e-mail or otherwise regarding such change. The only warranties for WD products and services are set forth in the warranty statements accompanying the products and services. Nothing herein should be construed as constituting an additional warranty. WD shall not be liable for technical or editorial errors or omissions contained herein.
    2. WD is not responsible for any failures or delays in performing under a Service Plan that are due to events outside of WD's reasonable control, including, without limitation, (i) any act of government, judicial action, war, civil disturbances, insurrection, sabotage, act of public enemy, labor difficulties or disputes, failure of or delay in delivery by WD's suppliers or carriers, commercial impracticability (irrespective of foreseeability at time of contracting), shortage of energy, raw materials, labor or equipment, inadequate yield of product despite WD's reasonable efforts, fire, flood, storm or other act of God, or (ii) your fault or negligence.
    3. WD may subcontract or assign performance of its obligations to third parties but shall not be relieved of its obligations to you in doing so.
    4. You are required to perform preventative maintenance on the Product to receive service under the Service Plan.
    5. You agree that any information or data disclosed to WD under the Service Plan is not confidential or proprietary to you. Furthermore, you agree that WD may collect and process data on your behalf when it provides services. This may include transferring your data to affiliated companies or service providers located in countries where data protection laws may be less comprehensive than your country of residence.
    6. These Terms and Conditions prevail over any conflicting, additional, or other terms of any purchase order or other document, and constitute your and WD's entire understanding with respect to the Service Plan.
    7. In the event any provision of these Terms and Conditions is determined to be invalid or unenforceable under applicable law, the validity of the remaining portions of these Terms and Conditions shall be unaffected and shall continue in full force and effect.
    8. The Services Plans are provided by, and the related financial obligations are backed by, WD, with its principal place of business located at 3355 Michelson Drive, Suite 100, Irvine, California 92612

  12. Country Variations.
    The following country variations will prevail if inconsistent with any provisions of these Terms and Conditions:

    Denmark
    FOR THE AVOIDANCE OF DOUBT, ALL SERVICES COVERED BY THIS AGREEMENT ARE ADDITIONAL TO AND SEPARATE FROM THE WD STANDARD TWO (2) YEAR LIMITED WARRANTY. NOTHING IN THIS AGREEMENT CONSTITUTES A “GUARANTEE” AS MENTIONED IN THE DANISH MARKETING PRACTICES ACT (CONSOLIDATED ACT 2012-01-20). A “WARRANTY” REFERS TO THE RIGHT TO COMPLAIN (“REKLAMATIONSRET”) AS MENTIONED IN THE DANISH SALE OF GOODS ACT (CONSOLIDATED ACT 2003-03-28 INCLUDING LATER AMENDMENTS).

    Section 7(e) - TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WD AND ITS EMPLOYEES AND AGENTS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF WD'S OBLIGATIONS PURSUANT TO THE SERVICE PLANS, OR WD ACTIONS OR INACTIONS RELATED TO THE WD SERVICE PLANS, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, OR CORRUPTION OF, DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH THE PRODUCT(S) AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT(S). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMIT OF WD AND ITS EMPLOYEES AND AGENT'S LIABILITY TO YOU ARISING UNDER A SERVICE PLAN SHALL NOT EXCEED THE ORIGINAL PRICE PAID FOR SUCH SERVICE PLAN. THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS. WD DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY PRODUCT UNDER A SERVICE PLAN OR MAKE A PRODUCT EXCHANGE WITHOUT RISK TO OR LOSS OF THE PROGRAMS OR DATA.

    Section 11(a) - These Terms and Conditions shall be, in all respects, governed by and construed under the laws of Denmark, and the parties submit to jurisdiction of the courts of Denmark.

    Finland

    If you are consumer, the Finnish regulations on product defect(s) and warranties are applied to the Product(s) purchased and nothing stated herein may restrict your rights as a consumer. 

    Poland

    FOR THE AVOIDANCE OF DOUBT, ALL SERVICES COVERED BY THESE TERMS AND CONDITIONS ARE ADDITIONAL TO AND SEPARATE FROM WD’S STANDARD TWO (2) YEAR LIMITED WARRANTY ON THE PRODUCTS.  NOTHING IN THIS AGREEMENT CONSTITUTES A ‘WARRANTY’ AS DEFINED IN THE POLISH ACT ON SPECIFIC TERMS AND CONDITIONS OF CONSUMER SALE OF 27 JULY 2002.

    Section 11(a) - These Terms and Conditions shall be, in all respects, governed by and construed under the laws of Poland, and the parties submit to jurisdiction of the courts of Poland.

    Republic of Ireland

    The purchase of the Service Plans is optional. If you are a consumer, the Service Plans may not provide you extra protections, as Irish regulations on product guarantees may, under certain circumstances, provide same or similar right and remedies for your Product(s).

    Sweden

    The purchase of the Service Plan is optional. If you are a consumer, the Service Plans may not provide you extra protections, as Swedish consumer protection laws may provide same or similar rights and remedies for your Product(s). The rights and obligations set forth in the Service Plans do not affect the rights you may have under mandatory Swedish laws.

    If you are a consumer, Swedish laws shall apply and any dispute regarding these Terms and Conditions shall be submitted to Swedish jurisdiction.