Epson One-Time Service Plan–One-Time Repair for the Epson® SureColor® P-Series 44-inch or Epson Stylus® Pro 9900 Printers
TERMS AND CONDITIONS
A. Epson’s Responsibilities
During the Term (as defined in Section F below) of this Plan, Epson America, Inc. (“Epson”), or its designee will provide priority technical telephone support and one-time, on-site repair services (“Service(s)”) for the issue diagnosed over the phone with Epson’s service technician (“Primary Issue”) on your Epson SureColor P-Series 44-inch or Epson Stylus Pro 9900 Printer “Product”). Epson is the seller of this post-warranty one-time repair service plan (“Plan”) and Epson is financially and legally obligated to perform service under this Plan. Epson’s obligations under this Plan are backed by the full faith and credit of Epson, with its principal place of business located at 3840 Kilroy Airport Way, Long Beach, CA 90806.
The fee for each Plan is for repair of one Primary Issue, payable in full after the Primary Issue diagnosis and before on-site service repair for the Product. Customer is responsible for any taxes arising from the services provided under this Agreement.
The Plan is available for purchase at Epson’s discretion and must be purchased after the Primary Issue diagnosis and prior to the on-site service repair for the Product. You must receive a diagnosis of the Primary Issue from Epson’s service technician prior to on-site service repair.
D. How To Obtain Service
Customer may obtain Service by following these procedures:
- Once you agree to purchase the Plan, Epson will email you the Plan’s terms and conditions. To activate the Plan, you must reply to the email and attach a signed copy of this Plan. Once Epson receives the signed copy of the Plan, an Epson agent will contact you to receive your payment information and activate the Plan. Please call 888-337-6611 between the hours of 6:00 am to 6:00 pm, Pacific Time, Monday through Friday, for Plan assistance. Support hours are subject to change without notice.
- Customer must provide Epson with the model and serial number of the Product, the address where the Product is located, Plan proof of purchase, and a description of the problem. An Epson service technician will provide telephone support to diagnose the Primary Issue and, upon Plan activation, dispatch the repair technician to Service the Primary Issue. Service will be provided during the Term of the Plan according to the terms and conditions of the Plan.
E. Services Limited
- What Is Covered: This Plan covers the Epson SureColor P-Series 44-inch or Epson Stylus Pro 9900 Printer for onetime, on-site repair services for a diagnosed Primary Issue. The Services provided for the Primary Issue will be warranted for 90 days from the date Services were first provided for the Primary Issue.
If, while performing Services for a Primary Issue, a repair technician discovers a new, secondary issue separate and distinct from the Primary Issue, whether or not caused by or related to the Primary Issue (“Secondary Issue”), such Secondary Issue shall not be covered under this Plan. You will need to purchase a separate Plan to Service the Secondary Issue.
Epson does not guarantee, represent, or warrant that it or its designee will be able to resolve, repair, or otherwise fix a Primary Issue.
This Plan covers the Epson SureColor P-Series 44-inch or Epson Stylus Pro 9900 Printer for one-time, on-site repair services for a Primary Issue if used in the United States, Canada, or Puerto Rico. A Plan is not transferable. No other services or products are included.
- What Epson Will Do To Correct Problems: If your Product has been diagnosed with a Primary Issue, Epson will dispatch a repair technician to Service the Primary Issue. Any replaced parts become the property of Epson. The parts replaced have a 90-day warranty period. Parts may be new or remanufactured to Epson standards.
- On-Site Response: If Epson at its sole discretion, determines that a Product requires on-site repair and you are within Epson’s on-site service territory, an Epson authorized technician will be contacted to make the repair at your facility. Epson will usually dispatch repair parts and a technician to your location for the third business day if Plan activation occurs prior to 1:00 pm Pacific Time. If Plan activation is made after 1:00 pm Pacific Time, dispatch will usually be for the fourth business day. An adult must be available to accept the parts delivery and be present at all times while a technician is on-site. Epson’s shipment of service parts does not imply that replacement is required. If the repair for the Primary Issue is unsuccessful, Epson will refund 100% of the purchase price of the Plan.
- What This Plan Does Not Cover: This Plan does not cover damage to the Product caused by parts or supplies not manufactured, distributed, or certified by Epson. Consumables, supplies, accessories, other expendable items such as rollers or pads, and items identified as being replaceable by the user in the User’s Guide/documentation, are not covered under this Plan. Consumables are items that wear out under normal use and must be replaced by the end user as needed. Other items that are not covered are excluded below. This Plan excludes those services listed below. Customer agrees to be billed at Epson’s standard rates if the excluded services are necessary to restore Product to working conditions and to pay such charges upon receipt of invoice. Services not covered by or excluded from this Plan are:
- Any damage caused by misuse, abuse, improper installation, neglect, failure to maintain, improper packing or shipping, disasters such as fire, flood, lightning, improper electrical currents, software problems, or interaction with non-Epson products.
- Any damage caused by use of non-Epson inks, ink cartridges, or ink delivery systems in the Printer.
- Any damage caused by using non-Epson media (except for media expressly recommended by Epson).
- Any damage, maintenance, or service arising from excessive or continuous use.
- Any damage caused by, or any service for, third-party software, applications, parts, components, or peripheral devices added to the product after its shipment from Epson, e.g. dealer or user-added boards, components, or cables.
- Any damage caused by installing the Printer next to a heat source or directly in the path of an air vent or air conditioner.
- Service when the Printer is used outside the U.S., Canada, or Puerto Rico.
- Service where the Printer label, logo, rating label, or serial number has been removed.
- Any damage from service performed by other than an Epson Authorized Servicer.
- Any service or replacement of consumable items or maintenance consumables such as ink cartridges, ink supply units, ink packs, pick-up rollers, ADF rollers, etc.
- Any cosmetic damage or wear to product casings or covers.
- Any color change or fading of printed media, garments, or reimbursement of materials or services required for reprinting.
- Any product or parts purchased as used, refurbished, or reconditioned.
- Any damage caused by using improper packaging materials or improper packaging and shipping when returning a product for repair or replacement. You will be invoiced for such shipping damages to product.
- Damaged pressure roller mechanisms.
- Damaged paper feed roller (bushings, crushed ceramic coating).
- Any damage to the linearity of the frame (platen parallelism, carriage rail parallelism).
F. Term, Renewal and Cancellation
The term of the Plan shall begin on the date Services were first provided for the Primary Issue and shall expire 90 days after such date (“Term”).
- There is no renewal of this plan.
- You may not assign or transfer this Agreement without the prior and express written consent of Epson. Any other purported transfer or assignment shall be void.
- You may cancel this Plan by informing Epson of your cancellation 24 hours after purchase. The right to cancel only applies to the original purchaser of this Plan and may not be transferred or assigned.
- You may cancel this Plan by informing Epson of your cancellation request within 24 hours of the purchase of the Plan and you will receive a one hundred percent (100%) refund of the full purchase price of your Plan, provided no service has been performed. Epson may also cancel this Plan. In that case, Epson shall provide you with a written notice prior to such cancellation at your last known address, with the effective date for the cancellation and the reason for cancellation. Prior notice is not required if the reason for cancellation is non-payment of the purchase price of the Plan, a material misrepresentation or substantial breach of duties by you relating to the covered property or its use. If Epson cancels the Plan, you will receive a refund of what you paid. If you cancel the Plan as permitted by this Plan Agreement and applicable law, and Epson fails to refund the applicable amount to you within thirty (30) days, then Epson is also required to pay you a penalty of ten percent (10%) per month for the unpaid amount due and owing to you. The right to cancel and receive a refund and this penalty payment only applies to the original purchaser of this Plan and may not be transferred or assigned.
G. DISCLAIMER OF WARRANTIES
EPSON’S SOLE AND EXCLUSIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR EPSON’S FAILURE TO PERFORM IS THAT EPSON WILL REFUND YOU THE AMOUNT PAID FOR THE PLAN. THE WARRANTY AND REMEDY PROVIDED ARE EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESSED OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. SOME LAWS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IF THESE LAWS APPLY, THEN ALL EXPRESS AND IMPLIED WARRANTIES ARE LIMITED TO THE TERM OF THIS AGREEMENT. UNLESS STATED HEREIN, ANY STATEMENTS OR REPRESENTATION MADE BY ANY OTHER PERSON OR FIRM ARE VOID. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG IMPLIED WARRANTIES LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
H. EXCLUSION OF DAMAGES; EPSON’S MAXIMUM LIABILITY
IN NO EVENT SHALL EPSON OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY LOST PROFITS, COST OF SUBSTITUTE EQUIPMENT, DOWNTIME, CLAIMS OF THIRD PARTIES, INCLUDING CUSTOMERS, OR INJURY TO PROPERTY, RESULTING FROM THE USE OR INABILITY TO USE THE EPSON PRODUCT OR OBTAIN SERVICE UNDER THIS AGREEMENT, WHETHER RESULTING FROM BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY. IN NO EVENT SHALL EPSON OR ITS AFFILIATES BE LIABLE FOR DAMAGES OF ANY KIND IN EXCESS OF THE ORIGINAL PURCHASE PRICE OF THE PLAN. SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
I. Disputes, Arbitration, Governing Laws
- Both you and Epson agree that any controversy or claim arising out of or relating to Epson products or services or this Agreement, shall be resolved by arbitration on an individual, non-class, non-representative basis, rather than in court. The arbitration shall be governed by the rules of JAMS that are in effect when the arbitration is filed, excluding any rules that permit arbitration on a class or representative basis and under the rules set forth in this Agreement. The arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation, including but not limited to, any claim that all or any part is void or voidable. JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. If you wish, you may appear at the arbitration by phone. The arbitrator is bound by the terms of this Agreement.
- Pre-Arbitration Steps and Notice. Before submitting a claim for arbitration, you agree to try, for sixty (60) days, to resolve any dispute informally by contacting us at email@example.com. Please include your name, address and contact information, the facts giving rise to the dispute, and the relief requested. You agree to act in good faith to resolve the dispute, but if you and Epson do not reach a resolution within the sixty (60) days, you may commence an arbitration.
- Opt-out. You may elect to opt out (exclude yourself) from the final, binding, individual arbitration procedure and waiver of class and representative proceedings specified in this Agreement by sending a written letter to Epson America, Inc., ATTN: Legal Department, 3840 Kilroy Airport Way, Long Beach, CA 90806, within thirty (30) days of your purchase of the Epson products and/or services that specifies (i) your name, (ii) your mailing address, and (iii) your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section I. In the event that you opt out consistent with the procedure set forth above, all other terms shall continue to apply, including the requirement to provide notice prior to litigation.
- There is no judge or jury in arbitration and your grounds for appeal are limited, however, the arbitrator is empowered to grant relief and award you the same damages as a court could, including declaratory or injunctive relief. Judgment on the arbitration may be entered in any court having jurisdiction.
- Notwithstanding the foregoing, you may bring an individual action in a small claims court of your state or municipality if the action is within that court’s jurisdiction and is pending only in that court.
- Notwithstanding the foregoing, we also both agree that you or we may bring suit in court to enjoin infringement or other misuse of trademark, patent infringement, copyright, or trade secret.
- Any action must be brought within one (1) year of the expiration or termination of the Plan.
- If any provision in this Section I is found to be unenforceable, that provision shall be severed with the remainder of this Agreement remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions. This means that if Section I (9) (below) is found to be unenforceable, the entire Section I (but only Section I) shall be null and void.
- We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
- This Section I is governed by the Federal Arbitration Act.
J. Other Provisions
- Other Rights You May Have: This Plan gives you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
- Governing Law: Except for claims subject to arbitration pursuant to Section I, you and Epson agree that the law of the state or country where you reside shall govern.
- Jurisdiction: Except for claims subject to arbitration pursuant to Section I, in the event of a dispute you and Epson both consent to the jurisdiction of the courts in your state of residence or, if you do not reside in a state, then of the courts in Los Angeles County, California.