1. Definitions

1.1 Interpretation

In this Policy, defined terms shall carry the meanings set out below and shall apply equally to singular and plural forms. Where context requires, references to a natural person include a legal entity and vice versa.

1.2 Defined Terms

"Applicable Law" means the laws of India as applicable to MiPhi's operations, products, and customers, including without limitation the Consumer Protection Act, 2019, the Sale of Goods Act, 1930, the Information Technology Act, 2000, and any rules, regulations, or guidelines issued thereunder.

"Authorised Purchaser" means the first end-user who acquires a new, sealed MiPhi Product directly from MiPhi or from an authorised MiPhi distributor or reseller, supported by a valid and original proof of purchase.

"Business Day" means any day other than a Saturday, Sunday, or public holiday in the State of Haryana, India.

"Critical Use" has the meaning given in Clause 8.3.

"Customer", "Purchaser", "User", or "you" means the Authorised Purchaser, or any person seeking to make a warranty claim under this Policy.

"Dispute" has the meaning given in Clause 10.2.

"Hardware" means the physical components of the Product, including all mechanical, electronic, and structural parts manufactured and supplied by MiPhi, including but not limited to the SSD enclosure, controller, printed circuit board, and all integrated components, expressly excluding NAND flash memory.

"MiPhi", "we", "us", or "our" means MiPhi Semiconductors Private Limited, a company incorporated under the laws of India, having its Registered Office at Plot No. 697, Udyog Vihar, Industrial Area, Phase V, Dundahera, Gurugram, Haryana, India.

"Non-Conformity" means a failure of the Hardware to conform to MiPhi's published technical specifications for the Product, arising solely and directly from a defect in MiPhi's materials or workmanship.

"Notice" has the meaning given in Clause 11.1.

"Product" or "Products" means, collectively, the Hardware and Software supplied, manufactured, developed by MiPhi.

"Product-Specific Warranty" has the meaning given in Clause 2.1.

"Registered Office" means Plot No. 697, Udyog Vihar, Industrial Area, Phase V, Dundahera, Gurugram, Haryana, India.

"RMA" means Return Merchandise Authorisation, being the unique reference number issued by MiPhi authorising the return of a Product for assessment.

"S.M.A.R.T." means Self-Monitoring, Analysis and Reporting Technology, the industry-standard diagnostic monitoring system embedded within the SSD.

"Software" means any firmware, embedded software, software applications, management tools, utilities, drivers, diagnostic tools, or software updates supplied by MiPhi in connection with the Hardware, whether pre-installed, downloadable, or otherwise made available to the Customer.

"SSD" means MiPhi's Enterprise Solid State Drive products, including but not limited to models X100P, X100E, X200P, X200E, SA50V, SA50P, SA50E, D100P, D200P, D200E, BA50P, B100P, and aiDAPTIV+, and any other SSD product manufactured or supplied by MiPhi.

"TBW" means Total Terabytes Written, being the maximum cumulative volume of data that may be written to the SSD over its operational lifetime as specified in MiPhi's published product specifications.

"Warranty Period" has the meaning given in Clause 4.1.

2. Product-Specific Warranty: Priority and Displacement

2.1 Precedence of Product-Specific Warranty

Where any MiPhi Product is delivered or sold together with its own dedicated warranty policy, warranty certificate, warranty card, or warranty documentation specific to that Product (a "Product-Specific Warranty"), the Product-Specific Warranty shall govern exclusively and shall take complete precedence over this General Warranty Policy in all matters relating to that Product.

2.2 Displacement of this Policy

In any case where a Product-Specific Warranty applies, this General Warranty Policy shall be entirely displaced and shall have no application whatsoever to those Products. The Customer's sole warranty rights in respect of such Products shall be those expressly set out in the applicable Product-Specific Warranty, and no broader, wider, or additional rights shall be implied or inferred from the existence of this Policy.

2.3 Customer's Responsibility

Customers are solely responsible for reading and retaining any Product-Specific Warranty documentation provided at the time of purchase or delivery. Where no Product-Specific Warranty accompanies a Product or is otherwise issued in writing by MiPhi, this General Warranty Policy shall apply in full.

2.4 Conflict Resolution

For the avoidance of all doubt: (i) in the event of any conflict, ambiguity, or inconsistency between this Policy and a Product-Specific Warranty in respect of a specific Product, the Product-Specific Warranty shall prevail without exception; (ii) the existence of this General Warranty Policy shall not, under any circumstances, be construed to expand, supplement, or modify the terms of any Product-Specific Warranty; (iii) MiPhi shall not be bound by, and shall have no obligation under, this Policy in respect of any Product covered by a Product-Specific Warranty, regardless of whether the Customer has read or acknowledged the Product-Specific Warranty; and (iv) any queries as to whether a particular Product is accompanied by a Product-Specific Warranty must be directed to MiPhi exclusively in writing to customercare@miphi.in. Verbal assurances, trade communications, or representations by distributors or resellers shall have no effect on the operation of this Clause 2.

3. Coverage, Eligibility, and Conditions of Warranty

3.1 Scope of Coverage

Subject always to Clause 2, this Warranty covers only defects in material or workmanship in new, sealed Products sold by MiPhi or an authorised MiPhi distributor or reseller to an Authorised Purchaser, strictly subject to the terms and conditions of this Policy. A defect in material or workmanship means solely a manufacturing defect — being a failure of the Hardware to conform to MiPhi's published technical specifications arising from an error in the materials or manufacturing process for which MiPhi bears sole and direct responsibility.

3.2 Personal and Non-Transferable

This warranty is strictly limited to the Authorised Purchaser and is personal and non-transferable in all circumstances. It does not extend to any subsequent owner, transferee, donee, lessee, assignee, or any other user of the Product.

3.3 Conditions That Void This Warranty

This warranty is immediately and irrevocably void in respect of any Product:

1. on which the original identification information, serial number, model number, manufacturing date code, warranty sticker, anti-tamper seal, or any other original identification, authentication, security, or tracking mark applied by MiPhi or its authorised manufacturing partners has been altered, defaced, obliterated, removed, covered, obscured, relocated, or tampered with in any manner;
2. that has not been handled, stored, transported, installed, integrated, configured, operated, maintained, or packaged at all times strictly in accordance with MiPhi's published guidelines, data sheets, specifications, application notes, installation manuals, user guides, product change notifications, and end-of-life notices, as updated from time to time, and any applicable industry standards for the handling of semiconductor devices, memory modules, SSDs, storage products, and PC systems;
3. that has been sold, marketed, advertised, labelled, or supplied as, or is otherwise represented or treated as, second-hand, used, open-box, refurbished, reconditioned, repaired, demonstration, sample, engineering sample, prototype, pre-production, beta, non-production, not-for-resale, or evaluation-only;
4. that has been exported, resold, transferred, re-transferred, re-exported, brokered, trans-shipped, or otherwise disposed of, used, or dealt with in violation of, or in a manner inconsistent with, any applicable export control, sanctions, or trade compliance laws or regulations of India, the United States of America, or any other jurisdiction that asserts jurisdiction over the Product or transaction;
5. that has been opened, disassembled, de-cased, de-lidded, probed, reverse engineered, modified, or accessed internally, whether physically or by firmware, software, or hardware tools, by any person other than an authorised MiPhi service centre or technician, including by removing covers, heat spreaders, casings, or security shields, attempting component-level repair, or reprogramming firmware, BIOS, controller software, or security features;
6. in respect of which valid and legible original proof of purchase, including a dated invoice, receipt, or other acceptable purchase documentation issued directly by MiPhi or by an authorised MiPhi distributor, reseller, or retail partner, clearly identifying the Product model and quantity, cannot be produced and MiPhi is unable, acting reasonably, to verify the authenticity, date, or source of the purchase through its records;
7. that has been acquired through unauthorised channels, grey-market or parallel imports, or from non-authorised resellers, brokers, online marketplaces, or auction platforms, including where the Product has been diverted from an authorised channel, misappropriated, stolen, or otherwise obtained from a source not expressly approved by MiPhi;
8. that has been subjected to any electrical, mechanical, thermal, or environmental stress outside MiPhi's specified limits, including, without limitation, operation beyond rated voltage, current, power, airflow, or thermal specifications, or exposure to liquid, moisture, corrosive environments, excessive dust, or physical shock, impact, crushing, bending, mishandling, dropping, or improper insertion or removal;
9. that has been damaged or rendered non-conforming as a result of use with incompatible, faulty, or out-of-specification hardware, chipsets, power supplies, enclosures, or accessories, or through improper system integration, including inadequate cooling, insufficient power delivery, or use in non-approved chassis, racks, or enclosures;
10. that has been used in a manner, environment, or application for which the Product is not designed, qualified, or warranted, including mission-critical, safety-critical, or life-support applications, aerospace, defence, weapons, or nuclear applications, automotive, medical, or industrial control applications requiring specific regulatory approvals not held by the Product, or any other use case expressly disclaimed in MiPhi's product documentation;
11. in respect of which the Product's firmware, BIOS, drivers, configuration parameters, security settings, or endurance settings have been altered, overridden, or misconfigured contrary to MiPhi's recommendations or outside published specifications, including unauthorised changes to over-provisioning, write-cache policies, overclocking, power management, or endurance/retention profiles;
12. that has reached or exceeded its specified endurance, write-cycle, or lifetime usage limits, including total bytes written, drive writes per day, program/erase cycles, or similar metrics, or that has been used in a duty cycle inconsistent with the Product's intended usage profile, such as using a consumer-grade device in a data-centre workload;
13. that has been subjected to repair, modification, rework, or any form of service by any person other than MiPhi or a MiPhi-authorised service provider, including component replacement, micro-soldering, connector replacement, or re-casing, or in respect of which any warranty seal or screw-cap sticker has been broken, damaged, or removed; or
14. that has been damaged, lost, or rendered non-functional due to force majeure events, including fire, flood, earthquake, lightning, power surges, brownouts, war, terrorism, civil unrest, or other events beyond MiPhi's reasonable control.

3.4 Finality of MiPhi's Determination

MiPhi's determination as to whether any condition in Clause 3.3 has occurred, or whether any non-conformity falls within the scope of this warranty, shall be final, conclusive, and not subject to challenge or independent review.

4. Warranty Period and Duration

4.1 Hardware Warranty Period

MiPhi warrants that the Hardware of each Product shall conform to MiPhi's published specifications during the Warranty Period only. The Warranty Period means the earlier of:

1. Five (5) years from the date appearing on the original proof of purchase issued to the Authorised Purchaser by MiPhi or an authorised MiPhi distributor or reseller; or
2. The date upon which the cumulative data written to the SSD, as recorded by or derived from the SSD's S.M.A.R.T. Attribute data, equals or exceeds the SSD's rated Total Terabytes Written (TBW) figure as published in MiPhi's product specifications for that model, including but not limited to the date on which the SSD's drive life indicator reaches or passes zero in accordance with the S.M.A.R.T. data — whichever of (A) or (B) occurs first.

4.2 TBW Rating and Customer Responsibility

The TBW figure applicable to each model is published in MiPhi's product datasheets available on MiPhi's official website and may not be altered or negotiated. Customers bear sole responsibility for periodically monitoring S.M.A.R.T. data to track remaining drive life. Once the Warranty Period has expired by operation of either limb above, no warranty claim of any kind shall be accepted, regardless of the nature, severity, or cause of any alleged non-conformity.

4.3 Replacement Hardware — No Fresh Warranty

Any repaired or replacement Hardware shall carry a warranty only for the unexpired remainder of the original Warranty Period and shall not benefit from any fresh, renewed, or extended warranty period. There is no tolling, suspension, or extension of the Warranty Period for any reason, including during the period of any pending RMA or repair process, except as expressly required by mandatory Applicable Law.

4.4 Proof of Purchase Requirement

All warranty claims are conditional upon submission of the original, unaltered proof of purchase — being a valid invoice, receipt, or purchase order — issued directly to the Authorised Purchaser. Where proof of purchase cannot be produced, MiPhi shall calculate the Warranty Period from MiPhi's internal records of the manufacturing or shipment date, and such calculation shall be conclusive.

4.5 Software — Absolute Disclaimer

MiPhi provides absolutely no warranty of any kind, express or implied, statutory or otherwise, with respect to the Software. The Software is provided strictly on an "as-is" and "as-available" basis, without any representation as to its fitness for purpose, accuracy, reliability, or error-free operation. MiPhi may, in its absolute discretion, issue corrections, patches, bug-fixes, or updated versions of the Software, but the provision of any such update: (i) shall not create any warranty obligation; (ii) shall not obligate MiPhi to provide further updates; and (iii) shall not extend, revive, or supplement the warranty applicable to the Hardware in any way.

5. MiPhi's Warranty Obligations and Remedies

5.1 Sole Remedy — Repair or Replacement

Subject strictly to the terms, conditions, and exclusions of this Policy, where MiPhi, following its internal assessment, confirms that a Non-Conformity exists in the Hardware during the Warranty Period and that such Non-Conformity is solely and directly attributable to MiPhi's defective materials or workmanship, MiPhi's entire, maximum, and exclusive obligation shall be, at MiPhi's sole and absolute discretion, to either:

1. repair the non-conforming Hardware; or
2. replace the non-conforming Hardware with the same model or a functionally equivalent product of equal or lesser value as determined by MiPhi.

MiPhi's decision as to whether to repair or replace the Product shall be final and not subject to challenge, negotiation, or override by the Customer.

5.2 No Refunds or Alternative Remedies

Under no circumstances shall MiPhi be obligated to provide a monetary refund, credit note, partial or full reimbursement, price reduction, or any other form of monetary or non-monetary compensation in lieu of repair or replacement, except where expressly required by mandatory provisions of Applicable Law that cannot be excluded by agreement. The repair or replacement remedy in Clause 5.1 constitutes the Customer's sole and exclusive remedy against MiPhi for any Non-Conformity and any loss, damage, or harm arising therefrom.

5.3 Condition and Title of Replacement Products

Any replacement Product supplied by MiPhi may be new or refurbished, at MiPhi's sole and unreviewable discretion. Title to any replaced or returned Product shall vest absolutely in MiPhi upon MiPhi's acceptance of the return. MiPhi shall have no obligation to return any replaced component, part, or Product unit to the Customer.

5.4 Support Services

During the Warranty Period only, MiPhi will provide technical support assistance for the purpose of diagnosing potential non-conformities covered under this Policy. The provision of technical support shall not be construed as an admission that a non-conformity exists or that a warranty claim is valid. MiPhi reserves the right to close any support ticket or decline any claim that does not satisfy the requirements of this Policy. Access to software updates or patches remains entirely at MiPhi's discretion as described in Clause 4.5 and shall not be construed as a warranty entitlement.

6. Exclusions from Warranty

6.1 General Statement of Exclusions

This Warranty shall not apply, and MiPhi shall bear absolutely no warranty obligation whatsoever, in respect of any non-conformity, defect, damage, degradation, failure, or malfunction arising from, connected to, or associated with any of the circumstances set out in this Clause 6. Each exclusion shall constitute a complete and absolute bar to any warranty claim.

6.2 Alteration, Modification, or Misuse

This warranty does not apply to any Non-Conformity arising from any alteration, modification, customisation, improper use, misuse, abuse, neglect, wilful damage, accidental damage, or use of the Product in a manner that exceeds its published operational parameters or deviates from its intended purpose as specified by MiPhi — including overclocking, unauthorised firmware flashing, or any form of performance modification not expressly approved by MiPhi in writing.

6.3 Non-Compliance with MiPhi Instructions

This warranty does not apply to any Non-Conformity arising from any failure, whether negligent or otherwise, by the Customer, any user, installer, maintenance technician, or third party to follow, observe, or comply with MiPhi's installation instructions, operational guidelines, maintenance schedules, storage requirements, handling protocols, or any other MiPhi-issued specification or directive at any time during the life of the Product.

6.4 Customer-Specified Designs or Instructions

This warranty does not apply to any Non-Conformity arising from MiPhi's implementation of, compliance with, or use of any instruction, design, specification, technology, device, material, component, part, software, or firmware that was provided, directed, specified, or expressly approved by the Customer or any of its parent companies, subsidiaries, affiliates, group companies, suppliers, subcontractors, or downstream customers, regardless of whether MiPhi raised any objection to such instruction or specification at any time.

6.5 Third-Party Integration or Combination

This warranty does not apply to any defect, failure, or incompatibility arising from the use, combination, integration, or connection of the Product with any materials, components, parts, hardware, firmware, software, systems, or goods not supplied or expressly approved in writing by MiPhi — including but not limited to third-party enclosures, power supplies, cables, controllers, operating systems, hypervisors, storage arrays, or software environments.

6.6 Patent Troll and IP Assertion Claims

This warranty does not cover any claim, demand, or action brought, threatened, or asserted against MiPhi by any third party that is commonly characterised as a "patent troll", "non-practising entity", "patent assertion entity", or "intellectual property rights assertion entity", regardless of whether such claim relates to the design, manufacture, or sale of the Product.

6.7 NAND Flash Degradation

This warranty does not apply to any defect, failure, performance degradation, error, or data loss attributable to or associated with NAND flash memory, whether used as a standalone component or embedded within the Product. NAND flash memory is an inherently consumable component with a finite number of programme/erase cycles, and its degradation over time and through use is a normal, expected, and inevitable characteristic of the technology. Such degradation shall not constitute a warranty-eligible non-conformity under any circumstances.

6.8 Compliance with Industry Standards

This warranty does not apply to any non-conformity, limitation, or performance characteristic arising solely from MiPhi's compliance with applicable general industry standards, regulatory requirements, or recognised technical norms — including but not limited to JEDEC, SATA, NVMe, PCIe, or other applicable interface or storage industry standards.

6.9 Other Causes Beyond MiPhi's Sole Responsibility

This warranty does not apply to any error, damage, failure, or degradation that is not solely and directly caused by MiPhi's workmanship or materials, including without limitation: normal wear and tear; end-of-life degradation; manufacturing or assembly wastage not solely attributable to MiPhi; operator error; data corruption or loss from any cause; damage caused by computer viruses, malware, ransomware, firmware attacks, or other malicious software or code; unauthorised maintenance, repair, servicing, or disassembly; damage caused by power surges, voltage spikes, electrical faults, or use with incompatible, defective, or non-rated power supplies or uninterruptible power supply systems; environmental damage from exposure to extreme heat, cold, humidity, condensation, liquids, dust, corrosive chemicals, electrostatic discharge, or electromagnetic interference; and physical damage from dropping, crushing, bending, twisting, or any mechanical impact or trauma.

6.10 Force Majeure Events

This warranty does not apply to any failure or damage caused by events beyond MiPhi's reasonable control, including acts of God, floods, fires, earthquakes, pandemics, government actions, war, civil unrest, or any other event of force majeure.

6.11 Automatic Voidance

This warranty shall be immediately and automatically void — without notice, without recourse, and without any obligation on MiPhi's part — upon: (a) any resale, transfer, gift, lease, assignment, or disposal of the Product to any third party; (b) any breach of the eligibility conditions set out in Clause 3.3; or (c) the occurrence of any circumstance described in Clauses 6.2 through 6.10. MiPhi shall have no obligation to notify the Customer when a warranty is voided, and voidance shall be effective from the moment the triggering event occurs.

7. Warranty Claim Procedure

7.1 Mandatory Pre-Conditions for All Claims

No warranty claim shall be considered, assessed, or actioned unless and until all of the following pre-conditions have been strictly and fully satisfied by the Authorised Purchaser: (i) the claim is submitted within the Warranty Period; (ii) the Customer contacts MiPhi's authorised customer support by telephone at +91 8000097678 or by email at customercare@miphi.in; (iii) the Customer provides, in full and without omission: the full legal name and complete contact details of the Authorised Purchaser; the original, unaltered proof of purchase; the Product model number and serial number as printed on the Product label; a detailed, technical description of the claimed Non-Conformity including the circumstances of failure, the operational environment, and any error codes or indicators observed; and a complete S.M.A.R.T. data report or diagnostic output from the SSD at the time of or immediately prior to the claimed failure; and (iv) the Customer has obtained a valid, MiPhi-issued RMA number before returning any Product.

7.2 Return Merchandise Authorisation (RMA)

Products returned without a valid, current RMA number will be refused at the point of receipt, returned to the sender at the Customer's sole cost and risk, and shall be deemed not to have been returned for the purposes of any warranty claim. An RMA number is valid for fourteen (14) calendar days from the date of issue. Any Product received by MiPhi after expiry of this period will be treated as an unauthorised return and shall not be processed.

7.3 Return Packaging and Transit Risk

The Customer bears sole responsibility and all costs and risks of transit for the return of the Product to MiPhi's Registered Office at 697, Udyog Vihar, Industrial Area, Phase V, Dundahera, Gurugram, Haryana 122016, India. Risk of loss, damage, theft, or destruction of the Product during transit from the Customer to MiPhi shall remain exclusively with the Customer until the Product is physically received and signed for by MiPhi at the Registered Office. Products must be returned securely packaged in suitable protective packaging. Products arriving in a damaged condition due to inadequate packaging shall be rejected, and no warranty claim shall be processed in respect thereof.

7.4 MiPhi's Assessment Rights and Process

Upon receipt of a returned Product, MiPhi shall have the right to conduct a full technical inspection and assessment over a period of up to thirty (30) Business Days from receipt. MiPhi's assessment shall be conducted using MiPhi's own internal testing methodologies and equipment, and the results shall be final and conclusive and shall not be subject to challenge, independent verification, or third-party review by the Customer. If MiPhi's assessment determines that the claimed Non-Conformity: (a) does not exist; (b) is attributable to any cause other than MiPhi's sole fault; or (c) falls within any exclusion in Clause 6, the warranty claim shall be rejected in full, the Product shall be returned to the Customer at the Customer's cost, and MiPhi shall bear no liability of any kind.

7.5 Repair and Replacement Turnaround

MiPhi shall use commercially reasonable efforts to complete the repair or replacement of a valid warranty claim within sixty (60) Business Days of receipt of a complete and compliant return. This timeframe is indicative only and shall not constitute a binding obligation. MiPhi shall not be liable for any loss, damage, or expense arising from any delay in completing a repair or replacement.

8. Disclaimer of Warranties

8.1 Exclusion of All Implied Warranties

To the maximum extent permitted by Applicable Law, all warranties, conditions, representations, terms, and undertakings — whether express or implied, statutory or otherwise — including but not limited to implied warranties of merchantability, fitness for a particular purpose, satisfactory quality, title, quiet possession, non-infringement, correspondence with description, and any warranties arising from course of dealing, course of performance, or usage of trade are hereby expressly, completely, and irrevocably excluded and disclaimed by MiPhi in relation to all Products. MiPhi makes no representation that any Product will meet any particular Customer requirement, that the operation of any Product will be uninterrupted or error-free, or that any defect will be corrected. All technical information, performance data, and specifications published by MiPhi are provided in good faith but are subject to change without notice and shall not constitute a warranty.

8.2 No Data Warranty

MiPhi expressly and unconditionally disclaims any warranty that its Products will preserve, protect, retain, or recover any data stored on them. Data storage devices — including SSDs — are inherently subject to failure, error, and loss, and the Customer assumes all risk of data loss arising from any cause. The Customer is solely and exclusively responsible for implementing and maintaining a comprehensive, regular, and tested data backup and recovery strategy at all times. MiPhi shall bear no liability whatsoever for the loss, corruption, deletion, inaccessibility, or destruction of any data, howsoever caused, including where such loss results directly from a warranty-covered Non-Conformity in the Hardware.

8.3 Critical Use Absolute Disclaimer

Unless MiPhi has given express written authorisation signed by a director of MiPhi, MiPhi does not recommend, approve, certify, or warrant its Products for use in any of the following applications (collectively, "Critical Use"): life support systems; life-critical medical devices or equipment; surgical instruments or systems; nuclear facilities or reactors; biological or chemical containment systems; military weapons systems; command and control systems; national defence infrastructure; transportation safety systems (including railway signalling, air traffic control, and maritime navigation); automotive safety systems (unless the specific Product has been expressly designated by MiPhi in writing as an "Automotive Grade Product"); commercial or military aviation and aerospace systems; satellites; financial clearance or settlement infrastructure; or any other application in which a failure or defect of a MiPhi Product could reasonably be expected to result in death, personal injury, physical harm, environmental harm, or the loss or destruction of assets of significant monetary or strategic value. The Customer and all downstream users of any MiPhi Product deployed in a Critical Use application, with or without MiPhi's authorisation, hereby irrevocably assume all risk, responsibility, and liability for any and all consequences arising from such use and shall fully indemnify, defend, and hold MiPhi and its directors, officers, employees, and affiliates harmless from and against any and all claims, actions, losses, damages, penalties, fines, and costs arising from or in connection with such Critical Use.

9. Limitation of Liability

9.1 Absolute Exclusion of Consequential and Indirect Losses

To the fullest extent permitted by Applicable Law, under no circumstances and under no legal theory — whether in contract, tort (including negligence and strict liability), statute, equity, or otherwise — shall MiPhi, its holding company, subsidiaries, affiliates, directors, officers, employees, agents, licensors, distributors, or resellers be liable to any Customer or third party for any of the following, even if MiPhi has been advised of the possibility of such loss or damage: (a) loss of data of any kind, including the cost of recreating, restoring, or recovering any lost data; (b) loss of revenue, turnover, or income, whether actual or anticipated; (c) loss of savings, whether actual or anticipated; (d) loss of profits, whether actual or anticipated; (e) loss of business, contracts, or commercial opportunities; (f) loss of goodwill, reputation, or brand value; (g) wasted expenditure or reliance losses; (h) indirect, special, incidental, consequential, exemplary, or punitive damages of any nature; or (i) any loss arising from the purchase, receipt, installation, use, performance, malfunction, or inability to use any MiPhi Product.

9.2 Aggregate Liability Cap

To the fullest extent permitted by Applicable Law, MiPhi's total aggregate liability to any Customer or third party, arising from any and all causes of action, claims, or demands in connection with this Policy or any MiPhi Product — whether in contract, tort, statute, or otherwise — shall not exceed the actual purchase price paid by the Authorised Purchaser for the specific individual Product unit that directly gives rise to the claim, as evidenced by the original proof of purchase. This cap applies in aggregate across all claims and shall not be refreshed, reset, or increased by reason of multiple claims or incidents.

9.3 Mandatory Law Savings

Nothing in this Policy purports to exclude or limit MiPhi's liability to the extent that such exclusion or limitation is expressly prohibited by mandatory, non-excludable provisions of Applicable Law, including the Consumer Protection Act, 2019 (India) where applicable. In such cases, MiPhi's liability shall be limited to the minimum extent required by such mandatory provisions.

10. Governing Law, Arbitration, and Jurisdiction

10.1 Governing Law

This Policy and all matters arising out of or in connection with it — including its formation, validity, interpretation, performance, breach, termination, and any non-contractual obligations arising in connection therewith — shall be exclusively governed by and construed in accordance with the laws of the Republic of India. The conflict of laws rules or private international law principles of any other jurisdiction shall have no application whatsoever.

10.2 Mandatory Arbitration

Any and all disputes, controversies, differences, or claims arising out of or in connection with this Policy, including any question regarding its existence, validity, interpretation, performance, breach, or termination (each, a "Dispute"), shall be exclusively and finally resolved by binding arbitration conducted in accordance with the Arbitration and Conciliation Act, 1996 (India), as amended from time to time. The arbitration shall be seated and conducted in New Delhi, India. The arbitration shall be conducted before a sole arbitrator, appointed by mutual agreement of the parties within fifteen (15) days of one party issuing a written notice of arbitration to the other. In the event the parties fail to agree on the sole arbitrator within such period, the arbitrator shall be appointed in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The language of the arbitration shall be English. The arbitral award shall be final and binding on the parties and shall not be subject to any appeal, except as expressly permitted under the Arbitration and Conciliation Act, 1996.

10.3 Confidentiality of Arbitration

All arbitration proceedings, documents, evidence, and submissions tendered in connection with any Dispute shall be strictly confidential and shall not be disclosed to any third party without the prior written consent of both parties, except as required by law or as necessary to enforce an arbitral award before a competent court.

10.4 Costs of Arbitration

Each party shall bear its own costs of the arbitration, including legal fees, expert fees, and expenses, unless the arbitral award expressly directs otherwise.

10.5 Class Action Waiver

The parties unconditionally and irrevocably waive, to the fullest extent permitted by Applicable Law, any right to commence or participate in any class action, class arbitration, collective action, or any representative proceeding in connection with any Dispute.

10.6 Supervisory and Enforcement Jurisdiction

For the purposes of any application for interim or emergency relief, for the enforcement of any arbitral award, and for any matter that cannot lawfully be referred to arbitration under Applicable Law, the parties hereby irrevocably and unconditionally submit to the exclusive jurisdiction of the courts located in New Delhi, India. Both parties expressly and irrevocably waive any objection to the laying of venue in such courts, including any objection that such courts constitute an inconvenient forum.

10.7 No Waiver of Arbitration Rights

The right of either party to seek emergency or interim relief from a court of competent jurisdiction shall not be construed as a waiver of the right to arbitrate the underlying Dispute.

11. Notices

11.1 Physical Delivery Requirement — Mandatory

Any notice, demand, claim, communication, or other document required or permitted to be given under or in connection with this Policy ("Notice") shall be valid and legally effective only if it is: (a) in writing; and (b) physically delivered by hand, by registered post with acknowledgement due, or by a nationally recognised courier service; and (c) actually and physically received and acknowledged at the intended address specified in Clause 11.3 below.

11.2 Electronic and Verbal Communications — Expressly Invalid

For the avoidance of all doubt and without exception, a Notice shall not be valid, effective, or deemed given by reason of: (i) transmission by email, facsimile, electronic message, instant messaging platform, or any other form of electronic or digital communication; (ii) posting to any website, online portal, or social media platform; (iii) verbal or oral communication of any kind, whether in person, by telephone, or by any audio or audio-visual medium; or (iv) purported delivery by post or courier that is not actually received by an authorised representative of the intended recipient at the address below. No electronic communication — regardless of whether it is acknowledged, read, or responded to — shall constitute a valid Notice for any purpose under this Policy.

11.3 MiPhi's Address for Notices

All Notices to MiPhi must be addressed and physically delivered to:

MiPhi Semiconductors Private Limited
697, Udyog Vihar, Industrial Area, Phase V, Dundahera, Gurugram, Haryana 122016, India.
Attention: Legal Department / Company Secretary

A Notice to MiPhi shall be deemed received only on the date it is physically received and signed for by an authorised representative of MiPhi at the above address during Business Hours (9:00 AM to 6:00 PM IST on a Business Day).

11.4 Customer's Address for Notices

Notices to the Customer shall be sent to the address provided by the Customer in their most recent purchase order, RMA request, or written communication to MiPhi. It is the Customer's sole responsibility to ensure that MiPhi holds a current and accurate address at all times.

11.5 No Constructive Notice

MiPhi shall bear no liability for any loss, damage, or prejudice arising from the Customer's failure to receive a Notice due to the Customer's failure to maintain an accurate address on record with MiPhi, or due to the Customer's refusal or failure to accept physical delivery.

12. General Provisions

12.1 Entire Agreement

This Policy, together with any applicable Product-Specific Warranty and MiPhi's Terms and Conditions of Sale applicable to the specific transaction, constitutes the complete and entire agreement between MiPhi and the Customer with respect to the warranty and post-sale support of MiPhi Products. It supersedes and extinguishes all prior and contemporaneous negotiations, representations, understandings, arrangements, agreements, warranties, and commitments, whether written or oral, relating to its subject matter. No oral statement, trade communication, pre-contractual representation, or course of dealing shall supplement, vary, or contradict any term of this Policy.

12.2 Strict Construction in Favour of MiPhi

This Policy is intended to be strictly construed in favour of MiPhi. Any ambiguity in the scope of coverage, the availability of a remedy, or the application of any exclusion shall be resolved in favour of MiPhi. No warranty or obligation shall be implied against MiPhi unless expressly and unambiguously stated in this Policy.

12.3 No Waiver

No failure, delay, or omission by MiPhi to exercise any right, power, or remedy under this Policy or under Applicable Law shall operate as a waiver of such right, power, or remedy, nor shall any single or partial exercise of any right preclude any further exercise of that or any other right. No waiver by MiPhi of any breach of this Policy shall be effective unless made in writing and duly signed by a director or authorised officer of MiPhi, and any such waiver shall apply only to the specific instance identified and shall not affect MiPhi's rights in respect of any subsequent breach.

12.4 Severability

If any provision of this Policy is or becomes invalid, unlawful, or unenforceable under Applicable Law, such provision shall be deemed modified to the minimum extent necessary to render it valid, lawful, and enforceable. Such modification shall not affect the validity or enforceability of any other provision, all of which shall remain in full force and effect.

12.5 Amendment

MiPhi reserves the absolute right to amend, modify, supplement, or replace this Policy at any time and without prior notice, by publishing the updated Policy on MiPhi's official website. The Customer's continued use of any MiPhi Product following publication of an amended Policy shall constitute irrevocable acceptance of the amended terms. All warranty claims shall be assessed under the version of this Policy in force at the date of the original purchase of the Product giving rise to the claim.

12.6 No Third-Party Rights

Nothing in this Policy shall confer, or be construed to confer, any right, benefit, or remedy upon any person or entity that is not a party to this Policy — that is, other than MiPhi and the Authorised Purchaser. The provisions of the Contracts (Rights of Third Parties) Act or any equivalent legislation, to the extent applicable, are expressly excluded.

12.7 Relationship of Parties

Nothing in this Policy shall be construed as creating a partnership, joint venture, agency, employment, or fiduciary relationship between MiPhi and the Customer. Neither party has authority to bind the other party to any obligation.

12.8 Force Majeure

MiPhi shall not be liable for any failure to perform or delay in performing any of its obligations under this Policy to the extent that such failure or delay is caused by circumstances beyond MiPhi's reasonable control — including but not limited to acts of God, pandemics, epidemics, war, civil unrest, government action, labour disputes, fire, flood, earthquake, storm, or failure of third-party infrastructure or supply chains. MiPhi shall notify the Customer as soon as reasonably practicable of any such event and shall use commercially reasonable efforts to recommence performance at the earliest practicable opportunity.

12.9 Language

This Policy is prepared and published in the English language, which shall be the sole and authoritative language of interpretation. In the event of any conflict, ambiguity, or inconsistency between the English version and any translation of this Policy into any other language, the English version shall prevail in all respects.

13. Contact Information

13.1 Registered Office and Notices Address

MiPhi Semiconductors Private Limited
697, Udyog Vihar, Phase-V, Industrial Complex Dundahera, Gurugram, Haryana – 122016, India
Attention: Legal Department / Company Secretary
(For formal legal Notices only — physical delivery required as per Clause 11)

13.2 Customer Support

Channel	Details
Telephone	+91 8000097678
Email	customercare@miphi.in
Website	www.miphi.in
Support Hours	Monday – Friday, 9:00 AM – 6:00 PM IST (excluding Haryana and national public holidays)

MiPhi does not guarantee a response within any particular timeframe and shall bear no liability arising from any delay in responding to support enquiries. For the avoidance of doubt, contact through the channels above does not constitute a valid legal Notice under Clause 11 of this Policy.

This Policy is a legally binding document published on MiPhi's official website. © 2026 MiPhi Semiconductors Private Limited. All rights reserved. Unauthorised reproduction, adaptation, or distribution of this Policy, in whole or in part, without MiPhi's prior written consent is strictly prohibited.