After-sales Advance Replacement Service Terms

The service terms (the “Service Terms”) contained herein is the agreement concluded by and between the customer (the “Customer” or “You”) and the BITMAIN Technologies Limited (the “BITMAIN” or “We”, together with Customer, the “Parties”), the owner of the website (https://shop.bitmain.com/, the “Website”) with respect to your application to BITMAIN for the after-sales advance replacement service (the “ASAR Service”) and other matters in relation with the products purchased by You from us; You acknowledge that, unless it is otherwise mandatorily required by law or agreed upon by the Parties, in which case it shall be subject to such mandatory requirements or mutual agreement, this Service Terms shall be the basis for handling the rights and obligations of both Parties and shall remain in full force and effect in all times.

Please read these Service Terms carefully, and your clicking “agree” represents that You have fully read, understood and agreed to be bound by these Service Terms on a voluntary basis. BITMAIN has the absolute discretion to modify these Service Terms at any time and make announcements thereof on the Website. The modified terms shall come into effect automatically upon announcement on the Website. If You disagree with relevant modification, You must stop using ASAR Service.

Special Reminders:

Prior to agreeing with these Service Terms, You should carefully read the same. Please be sure to prudently read and fully understand the contents of each and all terms, in particular those relating to the exemption or limitation of liabilities. Terms exempting or limiting liabilities may be shown in bold characters, which you should read with extra care and attention. Should You have any doubt about any of the terms, please consult with our after-sales service support staff via the Website.

Please duly take care of your user name and password, and do not provide it to any third party. Any liability arising from the disclosure of your user name and password for reasons on your part should be undertaken solely by You.

Article 1 Definition of the ASAR Service

With respect to the machine repair ticket created on the Website(the “Repair Ticket”), our after-sales department (hereinafter the “After-Sales Department”) will usually return the machine(s) after the receipt and maintenance thereof. ASAR Service, i.e. after-sales advance replacement service,  refers to an after-sales service mode, whereby, if You create a machine  Repair Ticket on the Website, after You have mailed the machine(s) to be maintained (hereinafter the “Machine(s) for Maintenance”) and the relevant logistics information can be tracked on the corresponding logistics website, the After-Sales Department will mail to you our machine(s) for replacement in advance (hereinafter the “Advance-Replacement Machine(s)”); that’s to say, it is to replace the Machine(s) for Maintenance rather than directly repair them.

Article 2 ASAR Service Process

2.1  Forms of ASAR Service

So far, there are two forms of ASAR Service, namely the deposit-based ASAR Service and the credit-based ASAR Service:

The deposit-based ASAR Service means the form in which the Customer should pay the deposit (hereinafter the “ASAR Deposit”) as per a certain proportion (such proportion is 120% at present) to the total price of a new machine of the same model as the Machine(s) for Maintenance listed on the Website ASAR Service shall be provided after the receipt of ASAR Deposit.

The credit-based ASAR Service means the form in which we grant certain Customer certain credit lines and provide the ASAR Service within such credit line granted. Customers who meet the following requirements may apply for credit-based ASAR Service: the historical purchase amount of the Customer shall exceed USD 1.5 million according to the Website’s record; and no fraud, cheating or breach record, and no other misconduct in the process of previous transactions. We will freeze the corresponding credit line of the Customer (hereinafter the “Occupied Credit Line”) according to the deposit amount payable for such ASAR Service. Where the credit line is insufficient to cover the ASAR Service, the Customer should supplement the insufficient part of the deposit for ASAR Service, or apply for ASAR Service within the credit line. We have the absolute discretion to adjust the credit line granted to the Customer at any point of time.

Regardless of applying for deposit-based ASAR Service or credit-based ASAR Service, You should complete the “Know Your Customer” (“KYC”) at the following website https://account-kyc.bitmain.com/ as instructed before You submit ASAR Service Repair Ticket.

You may be required to provide certain materials to complete KYC, including but not limited to: for individual customer, a photo for personal identity certificate,  a half-length photo with the identity certificate holding in hand, the personal credit report issued by credit reporting agencies Experian, Equifax, or TransUnion, and the application form for individual credit granting; for enterprise customer, the business license,  the  enterprise credit report issued by credit reporting agencies Experian, Equifax, or TransUnion, and the application form for enterprise credit granting. All materials shall be provided in English, and consistent with the real-name authenticated information; otherwise, we have the right of refusing to provide the ASAR Service, and all the expenses incurred should be solely borne by the Customer.

2.2  Mailing the parcel and duly submitting the Repair Ticket.

The Customer shall pay the freight when mailing the Machine(s) for Maintenance.

After mailing the Machine(s) for Maintenance, the Customer shall duly submit the Repair Ticket and shall be liable for any result (including but not limited to that We may refuse to provide ASAR Service) of any unconformity and/or error in the Repair Ticket.

2.3  Choosing the form of ASAR Service or credit-based ASAR Service, and paying the deposit or contacting the customer service to apply for credit respectively.

The Customer must contact the customer service after paying the deposit or applying for the credit-based ASAR Service so that the customer service can confirm the application of ASAR Service in a timely manner. In the event that the balance of the credit line or the deposit is insufficient, please contact the customer service to supplement the relevant amount in a timely manner; otherwise, the ASAR Service progress might be delayed.

2.4  Providing the logistics information. 

The Customer, after having tracked the shipment of Machine(s) for Maintenance on the corresponding logistics website, should contact the customer service in a timely manner and provide the logistics tracking number of the Machine(s) for Maintenance. Otherwise, the shipment time of the Advance-Replacement Machine(s) will be postponed accordingly.

2.5  Mailing the Advance-Replacement Machine(s).

The After-Sales department will usually arrange the shipment of Advance-Replacement Machine(s) within three (3) working days after confirming the logistics information of the Machine(s) of Maintenance. We make no guarantee on the arrival date of the Advance-Replacement Machine(s). Under no circumstance should we be responsible for any statement of estimate on the arrival date of the Advance-Replacement Machine(s).

2.6  Confirming the receipt of Machine(s) for Maintenance

The Customer shall track the logistics status of the Machine(s) for Maintenance from time to time, and shall remind the After-Sales Department to receive the Machine(s) for Maintenance timely when the logistics information indicates that the same is about to be delivered. The After-Sales Department will inform the Customers after the receipt of Machine(s) for Maintenance.

2.7  Fees and the release of the occupied credit line

After the receipt of Machine(s) for Maintenance, After-Sales Department will carry out inspection and maintenance on the Machine(s) for Maintenance. Please refer to Article 5 hereof for details on the fees. After completion of the ASAR Service and You have paid off Fees (defined in Article 5), You can apply for the release of the relevant Occupied Credit Line or for the refund of deposit in accordance with Article 6 hereof.

Article 3 Title and risk of the Advance-Replacement Machine(s)

3.1  In the event that we have mailed the Advance-Replacement Machine(s) as agreed in Article 2.5 above, yet still not received the Machine(s) for Maintenance from the Customer within fifteen (15) days thereafter, it should be deemed as the timeout return of the Customer’s Machine(s) for Maintenance (hereinafter the “Timeout Return”). In the event of Timeout Return, We shall retain the title of the Advance-Replacement Machine(s). We will send the notice of Timeout Return to the Customer, and the Customer shall deliver the Advance-Replacement Machine(s) to the carrier within three (3) days after receiving the said notice and instruct the carrier to mail the Advance-Replacement Machine(s) to the address designated by us. 

3.2 In the event that we determine that the Machine(s) for Maintenance meet the Non-maintenance criteria, as well as the Machine(s) for Maintenance are not entitled to Maintenance free of charge based on After-Sales Maintenance Policy, if the Customer chooses not to maintain the machine(s), then we will retain the title of the Advance-Replacement Machine(s) and the Customer shall, within three (3) days after making the said choice, deliver the Advance-Replacement Machine(s) to the carrier and instruct the carrier to mail the Advance-Replacement Machine(s) to the address designated by us.  

3.3 In the event that we have received the Customer’s Machine(s) for Maintenance and confirmed that such maintenance is exempted from any Fees, the title of your Machine(s) for Maintenance will be transferred to us and that of our Advance-Replacement Machine(s) will be transferred to You; by then, the maintenance of the Customer’s Machine(s) for Maintenance should be deemed as having been completed.

3.4 In the event that we have received the Customer’s Machine(s) for Maintenance and the Customer should pay Fees, upon the Customer’s paying off of such Fees, the title of your Machine(s) for Maintenance will be transferred to us and that of our Advance-Replacement Machine(s) will be transferred to You. Prior to the Customer’s paying off of such fees, we will retain the title of the Advance-Replacement Machine(s).

3.5  The risks of the damage and loss of the Advance-Replacement Machine(s) will be transferred to You upon our delivery of the parcel to the carrier; for damage or loss of the  Advance-Replacement Machine(s) in transit, You should handle it with the carrier on your own. With regard to the risk transfer of the Machine(s) for Maintenance, please refer to the After-Sales Maintenance Policy.

Article 4 Circumstances in which We have the right to refuse to provide the ASAR Service 

In any of the following circumstances, we shall have the right to refuse to provide the ASAR Service to the Customer:

4.1  The Customer has insufficient credit balance or deposit balance in the account;

4.2  The Customer fails to settle all the maintenance fees, freight, storage fees, etc.;

4.3  The Customer fails to pass the KYC, or the KYC information provided by the Customer is not in conformity with the Customer’s real-name authenticated information;

4.4  There is any abnormality in the ASAR Service historical record of the Customer, including but not limited to the failure of returning the machine that should be returned, and mistakes or false information in the ASAR Service Repair Tickets, etc.

4.5  Other situations in which in our discretion We should refuse to provide the ASAR Service.

Article 5 Fees

5.1  We will maintain the Machine(s) for Maintenance and collect the relevant fees, including but not limited to maintenance fees, freight, storage fees, etc.(collectively the “Fees”), after the receipt thereof from the Customer. For the Fees for the Machine(s) for Maintenance, the article How much does a repair cost? is available for reference, while the specific Fees will be subject to the actual quotation. The Customer should make the payment within three (3) days after receiving our bill for the Fees. In the event that the said period is different from the term of payment as listed in the bill for Fees, the latter should prevail.

5.2  With regard to the freight of the Machine(s) for Maintenance, please refer to the After-Sales Maintenance Policy .

5.3  All taxes and tariffs involved in the ASAR Service and maintenance service should be solely borne by You.

5.4  The relevant Fees and deposit should be paid in [US dollar]. You can pay the relevant Fees and deposits via bank transfer in US dollars.

Article 6 Refund of deposit and release of the Occupied Credit Line

6.1  Process of refunding the deposit

Upon completing the ASAR Service and that You have paid off the Fees, the Customer needs to contact the After-Sales Department and customer service for deposit refund, and the customer service will make the refund within nine (9) working days after confirming the Customer’s request.

The Customer needs to provide the customer service with the information of the original payment bank when applying for a deposit refund. The Customer shall be solely liable for any refund mistake arising from the wrong account information provided by the Customer and shall be solely liable for any refund delay arising from the failure to provide the above-mentioned information in a timely manner.

6.3  Releasing the Occupied Credit Line  

Upon completing the ASAR Service and that You have paid off the Fees, the Customer needs to contact the After-Sales Department and customer service for the release of the Occupied Credit Line. The customer service will release the Occupied Credit Line after confirming the Customer’s request.

Article 7 Liabilities for breach of these Service Terms

7.1 In the event of the situation as described under Article 3.1 hereof, i.e. the Timeout Return, and the Customer fails to deliver the Advance-Replacement Machine(s) to the carrier within the time limit as required by us, for each calendar day delayed, the Customer should pay us a penalty equal to 3‰ of the ASAR Deposit payable. For the Customer adopting the deposit-based ASAR Service mode, we shall have the right to deduct the said penalty directly from the  ASAR Deposit after notifying the Customer of the same.

7.2 In the event that the Customer is in a situation as described in Article 3.2 hereof, i.e. the Customer chooses not to make maintenance for the Machine(s) for Maintenance, the Customer should return the Advance-Replacement Machine(s) to us in the meantime of making such choice; in the event that the Customer fails to mail the Advance-Replacement Machine(s)  to us within seven (7) days after making such choice, for each calendar day delayed, the Customer should pay us a penalty equal to 3‰ of the ASAR Deposit payable. For the Customer adopting the deposit-based ASAR Service mode, we shall have the right to deduct the said penalty directly from the ASAR Deposit after notifying the Customer of the same.

7.3 In the event that the Customer fails to pay the Fees within the time as agreed upon, for the Customer adopting the deposit-based ASAR Service, we shall have the right to deduct the Fees directly from the Customer’s ASAR Deposit after notifying the Customer of the same. Where the balance of the ASAR Deposit is insufficient to offset the Fees, or where the Customer adopting the credit-based ASAR Service mode, for each calendar day delayed, the Customer should pay us a penalty equal to 3‰ of the late payment amount.

7.4 In the event that the situations described in Article 3.1 or Article 3.2 hereof occur, and the Customer fails to return to us the Advance-Replacement Machine(s) within two (2) months, we should have the right to deem that the Customer has agreed to purchase the Advance-Replacement Machine(s) at the highest selling price for a new machine of the same model (please refer to our official website at https://shop.bitmain.com/ for the selling prices) in a period of two (2) months after we have mailed the Advance-Replacement Machine(s) (“Deemed Purchase”), in which case, the Customer should pay us the price for the Advance-Replacement Machine(s) in a lump sum within three (3) days after receiving our notice. In the event that the Customer fails to do so, for the Customer adopting the deposit-based ASAR Service mode, we shall have the right to deduct the price for the Advance-Replacement Machine(s) from the ASAR Deposit. Where the balance of the ASAR Deposit is insufficient to offset the price for the Advance-Replacement Machine(s), or where the Customer adopting the credit-based ASAR Service mode, we shall have the right to continue to ask the Customer to pay the outstanding price for the Advance-Replacement Machine(s); meanwhile, for each calendar day delayed, the Customer should pay us a penalty equal to 3‰ of the late payment amount.

7.5 In the event of the Deemed Purchase as described in Article 7.4 occurs, the title of the Machine(s) for Maintenance should still belong to the Customer. Upon that the Customer has paid off the relevant Fees, we will return the Machine(s) for Maintenance to the Customer.

7.6 In the event of any of the situations as described in this Article, in addition to the penalties in accordance with foregoing provisions, we shall have the right to adopt measures including but not limited to suspending the ASAR Service Repair Ticket of the Customer, lowering the credit line or even canceling the credit granted, taking back the Advance-Replacement Machine(s) or claiming against the Customer for the Fees and other fees by legal means. The Customer should bear the travel expenses, communication fees, attorney fees, and litigation costs, etc. that have reasonably incurred by us for realizing our right as a creditor.

Article 8 Miscellaneous

8.1  These Service Terms, the After-Sales Maintenance Policy and the Repair Guide constitute the integral parts and shall have the same legal force and effect.

8.2  In case of any conflict between these Service Terms and the After-Sales Maintenance Policy and/or the Repair Guide, these Service Terms shall prevail.

8.3  For any matter not covered in these Service Terms, it shall be subject to the provisions as set forth in the After-Sales Maintenance Policy and the Repair Guide.

8.4  The right for interpreting these Service Terms belongs to and is reserved by BITMAIN Technologies Limited.