Epson's Responsibilities During the term of this Agreement, Epson America, Inc. ("Epson"), its designees, or Epson Customer Care Centers will provide Service, as defined below, of the products listed on the registration form included with the Epson Service Pak (the "Products"). Customer must return the registration form directly to Epson to activate service. If Service requires replacement of the Product or parts, Epson will supply these on an exchange basis. Exchanged products/parts become Epson's property. The replacement Product or parts may be new or refurbished to the Epson standard of quality.
Services Included
On-Site ExtendedCare: "Service" means the provision of replacement parts and labor, except as excluded below, necessary to service and repair the Product at customer's location for normal use as specified by the manufacturer. On-Site ExtendedCare Service is available for purchase in U.S. or Canada for Products located in U.S. or Canada.
Eligibility Customer must submit its registration form to Epson within thirty (30) days of first Product purchase to be eligible for enrollment. Epson reserves the right to require an inspection of the Product(s) at Customer's expense prior to acceptance of this Agreement and any renewal thereof to verify that each Product is in unaltered, operable condition and in good working order suitable for normal use.
Fee The fee for the initial term of Service is payable in full at the time of purchase. The fee for any renewal term shall be due prior to expiration of the current term and payable on or before the Expiration Date.
How To Obtain Service Customer may obtain Service by following the procedures issued by Epson from time to time.
Services Limited
This Agreement does not modify the terms and conditions of the limited warranty included with the Product at the time of purchase.
On-Site ExtendedCare Customers agree to pay Epson's standard rates if excluded services are necessary to restore units to working condition and to pay such charges upon receipt of invoice. If On-Site ExtendedCare Customers authorize the repair of excluded services, they agree that they will pay the usual and customary fees for such work. Services excluded from this Agreement are:
Service made necessary by misuse, abuse, neglect, improper installation, or improper maintenance.
Any damage caused by using non-EPSON inks or ink cartridges, or any ink delivery system other than the system built into the printer (for example, any bulk ink system).
Installation or removal of non-Epson accessory retrofits, peripheral equipment or computer systems of which the Product may be a part.
Service on covers, lids or other stationary parts, consumables such as batteries, magnetic media, or appearance parts such as interior or exterior finishes or trim.
Service made necessary by any external cause, including disasters such as fire, flood, lightning, theft, alteration, problems arising from software or hardware not supplied or approved by Epson, power failures or shortages, or repairs or services done by persons other than those authorized by Epson to service the Product.
Service made necessary due to any damage from service performed by other than an EPSON Authorized Servicer
Service on Product purchased and/or used outside U.S. or Canada.
Service on third party products not manufactured or sold by Epson which may be installed in or used in connection with the Product.
Service on Product on which the EPSON label or logo or the rating label or serial number has been defaced or removed.
Service made necessary by use of incompatible third party products.
If a claimed problem cannot be identified or reproduced at the service location, Customer will pay servicer its usual and customary fee for defects not found.
Term, Renewal, No Refunds
On-Site ExtendedCare: The term shall be for a period of no less than one year and shall begin on the date of purchase and end on the Expiration Date shown on the Enrollment Confirmation Form issued by Epson.
Renewal of service program may be made any time prior to the Expiration Date (or the end of any renewal period) for up to three additional one-year periods after the Expiration Date upon written agreement by the parties and payment of the renewal fee for each renewal period. Payment of the fee may be made at any Distributor or Authorized Reseller. Epson reserves the right not to agree to renewals, modify the terms and conditions applicable to any renewal, and to increase the renewal fee without prior notice.
Agreement purchases must be made immediately prior to activation of Service.
Warranty Disclaimer EPSON MAKES NO WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES PROVIDED IN THIS AGREEMENT AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
Customer's right to recover damages shall be limited to moneys actually paid by Customer to purchase this Agreement. This limitation shall apply regardless of the form of action. Any action for breach of this Agreement must be brought within six months of termination of this Agreement and any extensions thereof.
Except as provided in this Agreement, neither Epson nor its affiliates or agents shall be liable for (a) any loss, inconvenience, or damage, including direct, special, incidental, or consequential damages, including 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 Products, whether resulting from a breach of any express or implied warranty or any other legal theory, or (b) delay in furnishing or failing to furnish service if such delay is caused by an act of God, strike, governmental action or any cause beyond Epson's reasonable control. Some states do not allow limits on warranties or on remedies for breach in certain transactions. In such states, the limits of this paragraph and the preceding paragraph may not apply.
General
Customer agrees to notify Epson immediately if any Product is sold, lost, stolen, or destroyed.
This Agreement constitutes the entire agreement between the parties. There are no representations, agreements or understandings, expressed or implied, affecting the parties which are not expressly set forth herein or therein. Epson's sales representatives do not have authority to change the terms hereof or thereof. The agreement described herein and therein shall not be supplemented or modified by any course of dealing, trade usage, or any inconsistent terms in any purchase order or confirmation. This Agreement may only be modified by a writing signed by both parties.
Customer may not assign or transfer this Agreement without Epson's prior express written consent. Any other purported transfer or assignment shall be void.
Arbitration, Governing Laws: Any disputes arising out of this Agreement will be settled by arbitration to be conducted before a single arbitrator, in Los Angeles, California, in accordance with the commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This Agreement shall be construed in accordance with the laws of the State of California, except this arbitration clause which shall be construed in accordance with the Federal Arbitration Act.