EPSON's Responsibilities: During the term of this Agreement, Epson America, Inc., ("Epson") or its designee will provide priority telephone technical support and Service (as defined below) for EPSON Stylus Pro 5000 printer (the "Printer"). Epson is financially and legally obligated for performing Service under this Agreement. Epson's address is 3131 Katella Ave, Los Alamitos, CA 90720.
Fee: The fee for the Preferred Plus Plan is payable in full before the Preferred Plus Plan will be activated and is non-refundable. Customer is responsible for any taxes arising from the Services provided under this Agreement.
Eligibility: Customer must purchase the Preferred Plus Plan within 10 months of the time of purchase of the Printer to be eligible for enrollment. Customer must be prepared to submit proof of original purchase when purchasing the Preferred Plus Plan.
How To Obtain Services: Service included in the Preferred Plus Plan is set forth below. Customer may obtain Service by following these procedures:
Once the Preferred Plus Plan is activated, please call Epson when the Printer requires repair by using the same toll-free number identified in the EPSON Preferred Warranty booklet included with the Printer at the time of purchase and by entering the Unit ID number. The toll-free number will be answered between the hours of 6:00 AM and 8:00 PM Pacific Time, Monday through Friday and between 7:00 AM and 4:00 PM Pacific Time on Saturday and Sunday (excluding Epson recognized holidays). Weekend support hours are subject to change without notice.
Customer must provide Epson with the model and serial numbers of the Printer, the address where the defective Printer is located, and a description of the problem. An Epson service technician will provide telephone diagnostic services to determine whether the Printer requires repair. If repair is required, Service will be provided during the term of the Preferred Plus Plan according to the terms and conditions of the Expedited Exchange or Return Options set out in the limited warranty program included with the Printer at the time of purchase. Please refer to the Limited Warranty statements for details. If Service cannot be provided on the Printer for any reason during the term of this Agreement and Epson no longer sells the same model, Epson will replace the Printer 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 Printer at the time of sale. This Agreement does not modify the terms and conditions of that limited warranty. No other kinds of services are included.
This Agreement excludes those services listed below. Customer agrees to be billed at Epson's standard rates if excluded services are necessary to restore the Printer to working condition and to pay such charges upon receipt of invoice. Services excluded from this Agreement are:
Service made necessary by misuse, abuse, neglect, improper installation, or improper maintenance;
Installation or removal of non-EPSON accessory retrofits, peripheral equipment or computer systems of which the Printer may be a part;
Service on covers, lids, or other stationary parts, consumables, or appearance parts such as interior or exterior finishes or trim;
Service made necessary by 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;
Service on Printer purchased and/or used outside the United States and Canada;
Service on third party products not manufactured or sold by Epson which may be installed in or used in connection with the Printer;
Service on Printer on which the EPSON label or logo, rating label, or serial number have been defaced or removed;
Service made necessary by use of incompatible third party products.
Term, Renewal and Cancellation:
The term of this Agreement shall begin on the expiration date of the limited warranty included with the Printer and expire on the 2-year anniversary date.
Customer will not receive a refund in the event the Printer is returned, sold, lost, stolen, or destroyed.
Warranty Disclaimer: EPSON MAKES NO WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE PREFERRED PLUS PLAN 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 extension 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 Printer, 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:
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.
Any controversy or claim arising out of or relating to this Agreement, or the breach hereof, shall be settled by arbitration to be conducted 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(s) may be entered in any court having jurisdiction thereof. 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.