Epson’s Responsibilities
During the term of this Agreement, Epson America, Inc. (“Epson”), or its designee will provide priority technical telephone support and other services as described in this Agreement (“Service”) for each Printer you have purchased (“Printer” or “Product”). Epson will provide Service, should your Epson SureLab D-Series Printer prove defective during (i) the Initial Plan or before your Printer has reached one hundred thousand (100,000) 6×4-inch sheets, whichever occurs first or (ii) the Second Plan or before your Printer has reached one hundred thousand (100,000) 6×4-inch sheets, whichever occurs first. For purposes of this Agreement, “Initial Plan” means the initial 12-month purchase of the Service and Support Plan and “Second Plan” means the second, successive 12-month purchase of the Service and Support Plan following the Initial Plan. Initial Plan and Second Plan shall individually be defined as “Plan” and collectively be defined as “Plans.” Epson is the seller of these Plans, but you may have purchased this Plan from a dealer of Epson, in which case, the dealer is the seller of these Plans and you should keep the name and address of your dealer on file for your records. Epson is financially and legally obligated to perform service under this Agreement. Epson’s obligations under these Plans are backed by the full faith and credit of Epson, with its principal place of business located at 3131 Katella Ave, Los Alamitos, CA 90720
Fee
The fee for each Plan is payable in full before such Plan will be activated or before the expiration of a Plan then currently in place. Customer is responsible for any taxes arising from the services provided under this Agreement.
Eligibility
The Initial Plan is available for purchase and must be purchased prior to the expiration of the Epson limited warranty for such Initial Plan coverage to apply. The Second Plan is available for purchase and must be purchased prior to the expiration of the Initial Plan for such Second Plan coverage to apply. Customer must be prepared to submit proof of original purchase, a dated sales invoice to the end customer and proof of purchase for the Initial Plan, if the Initial Plan and Second Plan are not purchased at the same time. Customer shall be responsible for any taxes arising from the Services provided under this Agreement. A maximum of two 12-month Plans may be purchased for the same product serial number.
How To Obtain Service Customer may obtain Service by following these procedures:
Once the Plan is activated, please call 888-377-6611 between the hours of 6:00 am to 6:00 pm, Pacific Time, Monday through Friday. 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 defective Product is located, and a description of the problem. An Epson service technician will provide telephone diagnostic support to determine whether the Product requires hardware repair. If repair is required, Service will be provided during the term of the Plan according to the terms and conditions of the Plan. If Service cannot be provided on the Product for any reason during the term of this Plan and Epson no longer sells the same model, Epson will replace the Product with a model of equal or superior value.
Services Limited
Service described in this Agreement is a supplement to the limited warranty provided with the Product at the time of sale. This Agreement does not modify the terms and conditions of that limited warranty.
What Is Covered: Each Plan covers the Epson SureColor SureLab D-Series Printer against defects in workmanship and materials, during, as applicable, the Initial Plan and/or Second Plan coverage period. Each Plan, if used in the United States, Canada, or Puerto Rico, provides either, whichever occurs first, (i) one year of coverage from the Initial Plan Effective Date or the Second Plan Effective Date, as applicable (as defined in Section F below) or (ii), before your Product has reached one hundred thousand (100,000) 6×4-inch sheets, whichever occurs first. A Plan is not transferable. No other kinds of services are included.
What Epson Will Do To Correct Problems: Should your Epson SureLab D-Series Printer prove defective during either, whichever occurs first, the Initial Plan or Second Plan, as applicable, or before your Printer has reached one hundred thousand (100,000) 6×4-inch sheets, an Epson service technician will work with you to try to resolve the problem, and if your Printer needs repair, diagnose the issue and determine what parts may be required. If service is required, the On-Site or Printer Exchange Response service program will be utilized at Epson’s discretion. The technician will provide additional instructions about the program at the time this service is being set up. For highlights of the programs, please see “On-Site Response” and “Printer Exchange.” When service involves the exchange of a unit or its parts, the items replaced become the property of Epson. The new items assume the remaining warranty period of the original Product. The replacement unit and parts may be new or re-manufactured to Epson standards.
On-Site Response: If Epson at its sole discretion determines that a warranted hardware defect requires repair and you are within Epson’s on-site service territory, an Epson Authorized Servicer will be contacted to make the repair at your facility. Epson will usually dispatch repair parts and a technician to your location for the next business day if determination that repair is required occurs prior to 1:00 pm, Pacific Time. If that determination is made after 1:00 pm, Pacific Time, dispatch will usually be for the second 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.
Printer Exchange: Epson may, at its sole discretion, elect to replace a Printer. If the printer is to be exchanged, Epson will replace the Printer with the same or a comparable Printer refurbished to the Epson standard of quality. (The replacement Printer will not include promotional materials, accessories stands, documentation, manuals, software, or cables.) The customer must be able to receive, unpack, and install the replacement Printer, and prepare the defective Printer for return shipment by following the procedures described in the user manual or documentation provided by Epson. The repacked defective Printer will be picked up by a carrier designated by Epson. If the defective product is not returned within seven (7) business days of receipt of the replacement Printer, the customer will be invoiced at the price of the replacement Printer. If the unit is returned damaged because you have not properly packed or shipped it, you will be billed for the damage. It is your responsibility to unpack, re-install optional components, and set up the exchange Printer at your location. Epson does not cover damage caused by improper installation.
What This Plan Does Not Cover: This Plan does not cover damage to the Epson 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 online 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.
Product Specific Exclusions:
There is no Plan coverage once the Printer has reached one hundred thousand (100,000) 6×4-inch sheets, regardless of whether such one hundred thousand (100,000) sheets have occurred during the Initial Plan or the Second Plan.
Any damage caused by improper use, neglect or improper performance of user-level maintenance as documented in the online documentation. See the Maintenance section of your online documentation for in-depth maintenance instructions.
Note: If a claimed defect cannot be identified or reproduced in service, you will be held responsible for costs incurred.
Term, Renewal and Cancellation
The term of the Initial Plan shall begin on the expiration date of the Epson Preferred Limited Warranty (“Initial Plan Effective Date”) and shall expire on the one-year anniversary of such Initial Plan Effective Date. The term of the Second Plan will start on the expiration date of the Initial Plan (“Second Plan Effective Date”) and shall expire on the one-year anniversary of such Second Plan Effective Date.
The total aggregate number of months for the Plans are 24 months (one 12-month Initial Plan and one 12-month Second 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 at any time. 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 sixty (60) days 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 claims have been paid. If your cancellation request is made more than sixty (60) days from the date of purchase or if a claim has been paid, you will receive a pro-rata refund of the purchase price of your Plan, less any paid claims. Epson may also cancel this Plan. In that case, Epson shall provide you with a written notice at least fifteen (15) days 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 pro-rata refund of what you paid for the Plan (for example, for a cancellation occurring half way into the Plan’s term, you will be refunded one-half the amount 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.
DISCLAIMER OF WARRANTIES
EPSON’S SOLE AND EXCLUSIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR EPSON’S FAILURE TO PERFORM IS THAT EPSON WILL, AT EPSON’S OPTION, REPLACE THE EPSON PRODUCT OR REPERFORM THE SERVICE. 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.
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 RETAIL 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.
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 http://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 customer.inquires@ea.epson.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, 3131 Katella Ave, Los Alamitos, CA 90720, 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.
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.
