Service Plan Terms & Conditions

Epson's Responsibilities
During the term of this Agreement, Epson America, Inc., ("Epson") or its designee will provide priority telephone technical support and the other service described in these Terms and Conditions (the "Service") for each Projector for which you have purchased this extended service coverage (referred to as the "Projector" or the "Product" in this document). Epson is financially and legally obligated to perform Service under this Agreement.
How To Obtain Service
1. You may obtain Service for the Product, or request additional information, by contacting the EPSON Connection(SM) at (800) 637-7661.
2. This Agreement, or a copy, must be presented when you request Service for the Product.
Service Provided
1. Under this Agreement Epson will ship you a new or refurbished replacement unit, freight prepaid. You are responsible for returning the defective Product within five (5) working days of receipt of the replacement unit. You will need to provide a credit card number to secure the cost of the replacement Product, in the event that you fail to return the defective one. Epson will be responsible for shipping costs to and from Epson
2. It is your responsibility to unpack, re-install optional components and set up the exchange Product at your location. It is also your responsibility to properly repack the defective Product in the exchange unit box and return it to Epson using any instructions provided by Epson. You will need to remove any optional components prior to its return. (For details on packaging and shipping see the documentation that came with your Projector.)
3. Upon verification of security, Epson will ship the replacement unit promptly, typically via next business day delivery for most business locations. Shipments to more remote locations and to residential addresses and shipments to Canada or Puerto Rico, may be shipped for later delivery. For calls completed prior to 1 pm Pacific Time the exchange unit will usually ship the same day. For calls completed after 1 pm Pacific Time the exchange unit will usually ship the following day.
4. At our option, we may replace a Product with one of like kind and quality. Our liability for replacement of the Product will not exceed the original retail selling price of the Product. The replaced Product or part shall become Epson property. Exchange or replacement Products and parts assume the remaining coverage period under this Agreement
5. All Service provided under this Agreement shall be performed by Epson or its designee.
6. Please retain copies of all shipping documentation for a minimum of 90 days. You may need to provide copies to Epson, if requested.
Services and Parts Excluded
1. This Agreement excludes:
2. If you authorize an Epson Customer Care Center to perform any services excluded under this Agreement, you agree to pay the Customer Care Center its usual and customary fees for such work.
3. If a claimed problem cannot be identified or reproduced in Service, you agree to pay for costs incurred upon receipt of an invoice
Eligibility
1. We reserve the right to require an inspection of the Product at your expense prior to the acceptance of this Agreement to verify that the Product is in unaltered, operable condition and in good working order suitable for normal use.
2. Acceptance of this Agreement is expressly conditioned upon prior payment by you of the full Epson Extended Service Plan fee and any applicable taxes.
Term, Renewal, No Refunds
1. The term of this Agreement shall begin on the date your original warranty coverage ends and continue one year or two years thereafter, depending on the length of coverage purchased.
2. We may renew the service plan; however, we are not obligated to do so, nor to accept a service plan order, in the event you tender one. We also reserve the right to modify the terms and conditions applicable to any renewal and to change the renewal fees. No renewal of extended service is available if your previous service contracts plus the original warranty has reached five years.
3. 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.
4. You will not receive a refund in the event of the Product being returned, sold, lost, stolen, or destroyed.
Warranty Disclaimer
EPSON MAKES NO WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE PREFERRED PLUS SERVICE AND SUPPORT PLAN SERVICES PROVIDED IN THIS AGREEMENT AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
1. Your right to recover damages shall be limited to moneys actually paid by you 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 extension thereof.
2. 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 Product, whether resulting from a breach of any expressed or implied warranty or any other legal theory, or (b) delay in furnishing or failing to furnish Service if such a delay is caused by an act of God, strike, governmental action or any cause beyond Epson’s reasonable control. Some jurisdictions do not allow limits on implied warranties or on remedies for breach in certain transactions. In such jurisdictions, the limits of this and the preceding paragraph may not apply.
General
1. This Agreement is the complete and exclusive Agreement between the parties. No Epson employee or other person is authorized to make any representations or statements, which are inconsistent with this Agreement. Any such representations or statements are void.
2. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in the County of Los Angeles, California, before a single arbitrator 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. The arbitrator’s decision shall be final and binding. Neither party shall assert, participate in, or join class action or representative action claims against the other in arbitration or otherwise; a party shall only submit its own, individual claims in arbitration and not seek to represent the interests of any other person or entity. The arbitrator shall have no authority to decide any class or representative claim. This Agreement shall be construed in accordance with the laws of California except the arbitration clause which shall be enforced pursuant to the Federal Arbitration Act.
3. To the extent any provision of this Agreement is not enforceable under applicable law, such provision shall be deemed null and void and shall have no effect on the remaining portions of this Agreement.