Sunteți pe pagina 1din 10

Dell|Accid dentalDamag geServ vice ustome ers forConsumerCu

Se erviceDescriptio onU.S S.
BY ACC CEPTING THE E SERVICES AND SUPPOR RT DESCRIBE ED ON YOUR R INVOICE, Y YOU AGREE TO BE BOUND BY AND ACC CEPT THE TER RMS AND CON NDITIONS HER REIN. PLEASE E READ THIS AGREEMENT T IN ITS T AND CONDITIONS S (THIS AGR REEMENT) W WILL SUPPLE EMENT, AND IF IN ENTIRETY. THESE TERMS CONFLICT WITH WILL W CONTRO OL, THE TER RMS AND C CONDITIONS OF ANY AP PPLICABLE S SIGNED MENT BETWE EEN YOU AN ND DELL (INC CLUDING WIT THOUT LIMITA ATION, DELLS STANDARD KEY AGREEM CUSTOM MER PURCHA ASE AGREEM MENT) OR, IN THE ABS SENCE OF S SUCH AN AG GREEMENT, D DELLS STANDA ARD U.S. CO ONSUMER TE ERMS OF SAL LEDIRECT F FOR CONSUM MER CUSTOM MERS PURCH HASING DIRECT TLY FROM DE ELL OR DEL LLS RETAIL PURCHASER END-USER AGREEMENT T FOR CONS SUMER CUSTOM MERS PURCH HASING THRO OUGH A THIR RD PARTY RE ETAILER (see http://www.dell.com/terms). D DELLS STANDA ARD INVOICE E CONTAINING G A DESCRIP PTION OF TH HE PRODUCT T YOU PURCHASED IS HE EREBY INCORP PORATED BY Y REFERENCE E IN ITS EN NTIRETY INTO O THIS AGRE ENT IS EEMENT. THIS AGREEME BETWEE EN YOU AN ND DELL MARKETING M L.P. L OR TH HE DELL EN NTITY AS SPECIFIED IN N THE AFOREM MENTIONED SIGNED AG GREEMENT OR THE A APPLICABLE STANDARD DELLTERMS S AND CONDIT TIONS (DELL , WE, US, OR OUR). ALL A CAPITALIZ ZED TERMS A AND CONDITI IONS NOT DE EFINED HEREIN N SHALL HAV VE THE MEAN NING SPECIF FIED IN THE AFORMENTIO ONED SIGNED D AGREEMEN NT OR DELLS STANDARD INVOICE TER RMS AND CO ONDITIONS. THIS AGREE EMENT REQU UIRES THE USE OF RATION ON AN A INDIVIDUA AL BASIS TO RESOLVE D DISPUTES, RA ATHER THAN N JURY TRIALS OR ARBITR CLASS ACTIONS. 1. Serv vice Overview w

For your r one-time payment to Dell as specified on your invoice, information pa age, or other order confirmati ion (the Total Price P ) for each h product (Sup pported Produ uct) plus any applicable sale es or similar ta axes, Dell will provide the Dell Accidental Dam mage Service (Service) in accordance a wit th this Agreem ment for the term m of Service sp pecified mation page, or r other order co onfirmation. D Dell Marketing L.P., One Del ll Way, Round d Rock, on such invoice, inform Texas 78682, is the only party oblig gated to provide service un nder this Agree ement. As further described below, b we will repair the Su upported Prod uct as necess sary to correct t any damage to the Supporte ed Product whi ich occurs duri ing the usual and a customary usage of the S Supported Prod duct and is cau used by either ac ccidental damage from handling (including drops d and spills s) or an electric cal surge. If we de ecide that it is necessary to t replace the e Supported P Product rather than repair it t, you will rec ceive a replacem ment device tha at is equivalent to or better th han the Suppo orted Product y you originally p purchased from m us, as determin ned by us in our o sole and re easonable disc cretion. For a S Supported Pro oduct that is cl lassified by De ell as a smart ph hone or tablet (a ( Mobility Pro oduct), within any consecutiv ve twelve-mont th period within n the term of S Service, this Serv vice will provide e a maximum of o two (2) replacement device es for each Mob bility Product th hat is properly entitled to this Service at the tim me of a Custom mers request for f a replaceme ent device. Th he twelve mont th period is calculated based on o the date of f first replacem ment; thus, Customer will b be entitled to a maximum o of one (1) ad dditional replacem ment during: a) the twelve months m followin ng Customers first and/or pr revious replacement or b) th he time remainin ng in the term of o Service; whic chever is shorte er. This is not a contract of insurance. Please P read this s Agreement ca arefully. 2. Cov vered Support ted Products: You must pay y a separate To otal Price for e each Supported d Product you wish to be covered c by this s Agreement. For F example, a printer purcha ased with a not tebook system is not covered d by the note ebook systems s service contr ract. Instead, the printer an nd the noteboo ok will each ne eed their own service cont tract. With re egard to each Supported Pro oduct covered d by this Agree ement the follo owing general terms, cond ditions and exc clusions shall apply: a Scope. Only O parts built t in or on the ba ase unit of the Supported Pro oduct, including g parts or acce essories that are required r for reg gular operation n of the base u unit and shippe ed at point of s sale, such as internal memory, built-in LCD, internal compo onents/switches s, built-in butto ons, drawers, lids or panels, remote controls, or cables are covered. c

Accidenta al Damage Servic ce for Consumer r Customers Rev: 1.0A ADSCC Ed: 09.07 7.2012ADSCC

Limitatio ons. This Agr reement does not cover exte ernally-attache ed computers, peripherals, o or other devices that may work in conjunction with the Suppo orted Product, and this Agree ement does no ot cover compone ents, cases, television or mon nitor wall moun nts, wiring, or items classified as accesso ories or consuma ables and not built in or on th he base unit of f the Supported d Product, such h as batteries t that are out of wa arranty, light bu ulbs, disposabl le/replaceable print/ink cartrid dges, print or p photo paper, m memory disks, me emory cards, SIM cards, dispo osable memory y devices, wire e connections, carrying cases s, stylus pens, doc cking stations, external mode ems, external speakers, gam me devices, ga ame disks, sec condary monitors, external mou use for notebo ooks, externall keyboard for notebooks, or other input t/output devices, any other com mponents not internal to th he Supported Product for w which you pur rchased o other parts/c components requiring regular r user maintena ance. Service, or Hardware Only. This Agreement is for hardware o only. This Ser rvice does not cover software e. This software exclusion incl ludes but is not n limited to: 1) any defect ts in or damage (including without limitation virus-inflicted damage) to so oftware preload ded on, purchased with or oth herwise loaded d on the are loaded thro ough Custom F Factory Integra ation. In additio on, this Supported Product and 2) any softwa Service does d not cover any other item ms added throu ugh Custom Fa actory Integration. We will e exercise reasonab ble efforts to, but b this Agree ement does no ot guarantee that we will, re epair or replac ce nonsoftware Custom Factor ry Integration it tems that may otherwise be e excluded comp ponents.

3.

Sco ope of Services: a. eplacement Se ervice. During the term of th is Agreement a and subject to the limitations s in this Repair or Re Agreement, we w will repair th he Supported Product as ne ecessary to cor rrect any dama age to the Sup pported Product which h occurs during g the usual an nd customary u usage of the S Supported Prod duct and is cau used by either acciden ntal damage fro om handling (in ncluding drops and spills) or a an electrical surge. If we repair your y Supported d Product, you understand a nd agree that we may repla ace original parts with new or used parts p from the original o manufa acturer, or a diifferent one. Re eplacement pa arts will be func ctionally equivalent to the t original par rts. In our discr retion, we may designate an a affiliated comp pany or contrac ct with a third party to complete c repairs on the Supp ported Product. . If we decide that t it is neces ssary to replace e the Supporte ed Product rath her than repair r it, you will receive a Supported Pro oduct equivalent to or better than t the Suppo orted Product y you originally p purchased from m us, as determined by y us in our sole e and reasonab ble discretion. b. Geographic Limitations & Relocation. This Service will be delivered to the site e(s) indicated on the Customers in confirmation. Service optio nvoice, informa ation page, or r other order c ons, including service levels, technic cal support hou urs and respon nse times will v vary by geogra aphy and certai in options may y not be available in Customers C loca ation. Dells ob bligation to pro ovide Service fo or a relocated Supported Pro oduct is subject to loc cal Service av vailability and may be subje ect to addition nal fees as we ell as inspectio on and recertification of the relocat ted Supported Products at D Dells then cur rrent time and d materials con nsulting rates. Support outside of the country in wh hich Customer r purchased thiis Service may y be available a at Dells discretion but t such service may not be available a in all countries, on all parts, or f for all Custome ers. In addition, out of country support will not include any w whole unit rep lacements. P Please contact a Dell port analyst for r additional details. Customer r will provide Dell with sufficie ent and safe ac ccess to technical supp Customers fa acilities or prem mises at no cost t to Dell for De ell to fulfill Dells s obligations. Limits of Sup pport Services s. This Agreem ment does not c cover and we a are not obligate ed to repair or replace:

c.

Any Supported Produc ct located outs side of the cou untry or site(s s) indicated on n Customers i invoice, on page, or oth her order confir rmation. informatio Any dama age to or defec ct in the Suppo orted Product th hat is cosmetic c. Under this A Agreement, we are not obligated to repair wea ar and tear on n the Supporte ed Product an nd other superficial items, s such as scratches upported Produ s and dents tha at do not mater rially impair you ur use of the Su uct.

al Damage Servic ce for Consumer r Customers Accidenta Rev: 1.0A ADSCC Ed: 09.07 7.2012ADSCC

Page P 2 of 10

Any Supp ported Product t that anyone other o than Dell or a person w we designate h has tried to rep pair. We will not reimburse you for any repair rs that you or another perso on make or att tempt to make e to the Supported Product. Any Supp ported Product that suffers da amage in conne ection with or a as a result of in ncorrect or inad dequate Customer Installation. Customer Ins stallation shal l include any of the followin ng performed by the p on behalf of the custome er: (1) unpackin ng or moving th he Supported P Product Customer or any third party ting of a Suppo orted Product to o a wall or othe er structure (or r removal of the same (2) installation or mount a (3) affixing of brackets s or other we ight bearing d devices design ned for following installation) and mounting g or attachmen nt to a wall or other structure e (or removal o of the same). Customer Inst tallation does not include installa ation services purchased p from m Dell. Any Supp ported Product that is lost or stolen. s To rece eive repair or re eplacement of a Supported P Product, you must t return the dam maged Support ted Product to us in its entiret ty. Any Supp ported Product that is damaged by fire from m an external so ource, that is in ntentionally dam maged, or damag ged by misuse e, abuse, failure e to follow inst tructions provid ded with the S Supported Prod duct, or use of the e Supported Product in an in ncorrect environ nment. If we f find evidence o of intentional da amage, misuse, abuse, failure to follow inst tructions provi ded with the Supported Product, or use of the obligated to repair or repla ace the Supported Product in an incorrect environment, we are not o Supported Product. Any recovery or transfe er of data store ed on the Sup ported Produc ct. You are sole ely responsible e for all data store ed on the Supp ported Product t, and it is your r responsibility to complete a backup of all e existing data, sof ftware, and pro ograms on aff fected product ts before rece eiving services (including tele ephone addition, you are responsib support) or shipping products p back to Dell. In a ble for removing any tial, proprietary y, or personal l information a and any remo ovable media such as SIM cards, confident memory cards, CDs, or o PC cards. We W do not pro ovide you any y data recovery y services und der this mines that rep placement of a storage dev vice or hard d drive is Agreement. However, if Dell determ necessar ry, we will relo oad, at no cha arge to you, th he then-curren nt version of m major application and operating g system softw ware you originally purchased d from us, inclu uding any insta alled Custom Factory Integratio on applications s. We do not, however, rep present or war rrant and this Agreement do oes not obligate us u to ensure that any installed d Custom Fact tory Integration n applications w will be compatib ble with the replac cement Supported Product. Preventiv ve maintenance. It is not ne ecessary that y you perform a any preventive maintenance on the Product covere Supported Product to ob btain repair or replacement of f a Supported P ed by this Agre eement. Except as s specifically provided p herein n, any other da amages that do o not arise from m defects in materials or workm manship or ordin nary and customary usage of f the covered S Supported Prod duct. Any dam mages arising from acts of God such as, , but not limit ted to, lightnin ng, flooding, to ornado, earthquak kes, and hurric canes.

d.

Limitation of o Liability. NEITHER N DEL LL MARKETIN NG L.P. NOR R ITS AFFILIATES, PART TNERS, OFFICERS, DIRECTORS, D EMPLOYEES E OR AGENTS ARE LIABLE TO YOU, OR ANY SUBSEQ QUENT OWNER OR R OTHER US SER OF THE E SUPPORTE ED PRODUC CT, FOR ANY Y INCIDENTA AL OR CONSEQUEN NTIAL DAMAG GES, INCLUDING, BUT NOT T LIMITED TO O, LIABILITY OR DAMAGES FOR THE SUPPOR RTED PRODU UCT NOT BEIN NG AVAILABLE E FOR USE, L LOSS OR COR RRUPTION OF F DATA OR SOFTWA ARE, PERSON NAL INJURY, DEATH, OTH HER INDIREC CT LOSS DU UE TO SUPPO ORTED PRODUCT FAILURE, OR ANY AND AL LL INCIDENTA AL, INDIRECT, R CONSEQUE ENTIAL , SPECIAL OR DAMAGES ARISING A OUT OF OR IN CONNECTION WITH THE USE OR PERF FORMANCE O OF THE SUPPORTED D PRODUCT, EVEN IF YO OU HAVE AD DVISED US O OF THE POS SSIBILITY OF SUCH DAMAGES. BY ENTERING INTO THIS S AGREEME NT, YOU EX XPRESSLY W WAIVE ANY C CLAIMS RAGRAPH. YO OU AGREE A AND UNDERS STAND THAT WE WILL NOT BE DESCRIBED IN THIS PAR LE FOR ANY AMOUNT OF F DAMAGES ABOVE THE AGGREGATE E DOLLAR AM MOUNT RESPONSIBL

al Damage Servic ce for Consumer r Customers Accidenta Rev: 1.0A ADSCC Ed: 09.07 7.2012ADSCC

Page P 3 of 10

PAID BY YO OU FOR THE E PURCHASE E OF THE S SUPPORTED PRODUCT C COVERED BY Y THIS AGREEMENT T. SOME STATES AND JURISDICTION J NS DO NOT T ALLOW TH HE EXCLUSIO ON OR LIMITATION OF INCIDENT TAL OR CONS SEQUENTIAL D DAMAGES, SO O SOME OR A ALL OF THE A ABOVE O EXCLUSIO ON MAY NOT APPLY A TO YO OU. LIMITATION OR 4. You ur Responsibilities: To receive the Service, you are respo onsible for com mplying with the e following: a. Call for Telep phone-Based Assistance. A To T initiate a serv rvice request un nder this Agree ement, please call our osis or service department at 1-800-BUY-DELL (289-3355). Please note t that, when yo ou call, diagno ng under your r Dell Limited d Hardware W Warranty (see www.Dell.com m/Warranty) or other troubleshootin underlying wa arranty or serv vice contract will w be required prior to receiv ving Service u under this Agre eement. The hours of support shall not n include holidays. Please e contact your Dell sales or s support represe entative for additional details. Dell is s not liable for any failure or d delay in perfor rmance due to any cause bey yond its control. w Technicia an. You must cooperate wiith the technic cian to ensure e that the Sup pported Cooperate with Product is pro operly serviced d. When you call, c a Dell tec chnician will bo oth ask for the Service Tag n number located on you ur Supported Product P and verify your purcha ase of the Serv vice. The technician will then ask k you a series of questions t to assess the e extent and cau use of damage e to the roduct. These diagnostic an nd troubleshoot ting steps may y require more e than one call or an Supported Pr extended sess sion, and you may m be asked to access the iinside of your S Supported Product where saf fe to do so. If your issue is covered by this Service and a that issue is not resolve ed remotely, th hen, at our dis scretion mpletion of remote diagnosis or troubles shooting, the technician will either send you a following com replacement part p for you to install on the Supported Pro oduct or give y you directions t to ship the Sup pported Product to ou ur repair facility y. So long as s you follow ou ur directions, w we will pay all shipping char rges for return of the Supported Pr roduct to our repair facility. Once at our r repair facility y, we may rep pair the roduct or ship you a replace ement Supporte ed Product de epending on ou ur assessment t of the Supported Pr damage to the e Supported Pr roduct. In some cases, where we ca an determine over o the teleph one that a replacement part or Supported P Product will be necess sary, we may in our discretio on, offer to prov vide a replacem ment part or product (Replacement Item) to you immediately (an Advanced Exchange). Dell may requ uire a valid cre edit card numb ber and credit authoriz zation or payment for the Rep placement Item m from you prio or to sending yo ou such Replacement Item. We will not charge your y credit card d for the Repla acement Item, or we will refu und your paym ment for such Replace ement Item as long as: 1) you u return the or riginal part or p product to us w within 10 days of your receipt of the Replacement Item and 2) we w confirm that your product iissue is covere ed under the te erms of this Agreemen nt. If we do no ot receive your original part or r product within n 10 days, we w will charge you ur credit card for the th hen-current sta andard price for the Replacem ment Item, or, if payment was s required in advance of shipment, will w not refund your payment t. If upon rece eipt of your original part or p product, we det termine that your product issue is not covered under u the term ms of this Agre eement, then y you will be giv ven the opportunity to o return the Re eplacement Item m, at your sole e expense, wit thin ten (10) da ays from the d date we contact you re egarding the la ack of coverage e for your issu e, and if you d do not return th he Replacemen nt Item, then we will charge c your cr redit card for the then-curren nt standard priice for the Rep placement Item m, or, if payment was required in ad dvance of ship pment, then we equire a e will not refu nd your payment. If you re Replacement Item but do not wish to prov vide credit auth horization or p payment pursua ant to this para agraph, you will not re eceive an Adva anced Exchang ge, but you can n receive a Rep placement Item m by first return ning the original part or product to De ell. When returnin ng a Product fo or replacement (including but not limited to a Mobility Produ uct), unless oth herwise directed by yo our Dell tech support s agent, do not include e parts not se ent to you for r replacement (s such as battery, batter ry pack cover, SIM card, mem mory card, etc.) ). Dell will not be responsible e for any data o or voice charges incurred as a result of Customers s failure to remo ducts returned to Dell. ove all SIM cards inside Prod
al Damage Servic ce for Consumer r Customers Accidenta Rev: 1.0A ADSCC Ed: 09.07 7.2012ADSCC

b.

Page P 4 of 10

In addition, when w returning your Product t for replaceme ent, do not se end external p parts (such as s cords, cables, contro ols, or lens caps. c. Payment. Service is only av vailable with th he purchase of f a Dell produc ct for which De ell currently offe ers Dell Accidental Da amage Service e, but it is not necessary tha at you purchas se the Service e to buy a Sup pported Product from us. Our invoice e, information page, p or other o order confirma ation issued to y you for the Sup pported ased Dell Acciidental Damag ge Service, an nd will serve a as your Product will indicate whether you purcha upported Product will be tag gged with a se erial number t that will indicate your receipt. In addition, the Su purchase of th he Service (the e Service Tag).

5.

Gen neral Terms: a. Term and Re enewal. The se ervice type, ter rm, and the Su upported Produ uct you have p purchased is re ecorded on the Custom mer invoice or on the informa ation page inc cluded with you ur copy of this Agreement; provided that the term of Service purchased may y not exceed t the length of Customers un nderlying Dell limited rranty. Prior to the expiration of your service e contract and subject to the limitations set forth in hardware war this Agreement, you may extend e your se ervice period b based on availa able options th hen in effect f for your oduct. Service e extensions ma ay be purchase ed by calling D Dell at (800) 695 5-4458. Supported Pro Claims of Co onfidentiality or Proprietary y Rights. You u agree that an ny information or data disclo osed or sent to Dell, over o the telepho one, electronica ally or otherwis se, is not confid dential or propr rietary to you. Transferability. Subject to the limitations set forth in thi s Agreement, Customer may y transfer this S Service to a third par rty who purcha ases Customer rs entire Supp ported Product t before the expiration of the thencurrent servic ce term; provided that Custom mer is the orig ginal purchaser r of the Suppo orted Product a and this Service, or Customer C purch hased the Sup pported Produc ct and this Se ervice from its original owne er (or a previous transferee) and co omplied with all a the transfe er procedures available at w www.support.de ell.com. ms, conditions and fees may apply to any su uch transfer. Additional term Cancellation. . This Agreem ment is dated d as of the in nvoice date or r other start date noted on your invoice or on n the information page inclu uded with you ur copy of this s Agreement. Y You may canc cel this Agreement within w thirty (30) days of you ur receipt of t this Agreemen nt by sending written notice to us at: Dell Marke eting L.P. One Dell Way W Round Ro ock, Texas 78682 Attn: Service and Support Department p in paragraph p 5.k. for custom ers in certain states or j jurisdictions, where Except as provided applicable, if f you cancel this t Agreement within thirt ty (30) days o of your receip pt of it, we will send . For example you a full refund less the e cost of claim ms, if any, ma ade under thi is Agreement. e, if no een made under this Agreem ment and you u cancel this A Agreement wit thin 30 days o of your claim has be receipt of it, this Agreement shall be vo oid and we sha all send you a full refund o of the purchase price ement. You may m not cancel this Agreem ment after thirty f your receipt of this of this Agree y (30) days of Agreement, except e as prov vided in parag graph 5.k. for c customers in certain states s or jurisdictio ons. We may cancel this Agree ement if you fail f to pay us s the Total Pri ice for the Se ervice in accordance with our invo oice terms, make m a misrep presentation to o us or our a agents, or oth herwise breac ch your obligations under u this Agr reement. If we e cancel this Agreement, w we will send y you written no otice of cancellation at the addre ess indicated d in our reco ords. The not tice will inclu ude the reas son for ctive date of cancellation, c w which will not t be less than n ten (10) day ys from cancellation and the effec the date we send s notice of cancellation to you, excep pt as provided d in paragraph 5.k. for cust tomers in certain sta ates or jurisdic ctions.

b. c.

d.

al Damage Servic ce for Consumer r Customers Accidenta Rev: 1.0A ADSCC Ed: 09.07 7.2012ADSCC

Page P 5 of 10

Service must t be cancelled d separately fo or each Suppo orted Product. . e. Entire Agree ement. This Ag greement is th he entire agre ement betwee en you and De ell with respec ct to its subject matter and none of Dells employ yees or agents s may orally va ary the terms a and conditions s of this Agreement. Additional Remedies. R This s Agreement affords a you spe ecific legal righ hts. You may have additiona al legal d below. This Agreement is rights that va ary from jurisdiction to jurisd diction, includin ng those listed s not a warranty. The e Supported Pr roduct you purc chase from us s may also com me with a limite ed hardware w warranty from Dell or third party man nufacturers of Supported S Prod ducts we distriibute. Please c consult the app plicable limited warran nty statements s for your right ts and remedie es under those limited warra anties. (For the Dell Limited Hardw ware Warranty please see ww ww.Dell.com/W Warranty). Binding Arbit tration. THIS AGREEMENT T REQUIRES T THE USE OF A ARBITRATION N ON AN INDIV VIDUAL BASIS TO RE ESOLVE ANY AND ALL DIS SPUTES OR C CONTROVERS SIES BETWEE EN CUSTOMER AND DELL, RATHER THAN JUR RY TRIALS OR R CLASS ACT TIONS, ACCOR RDING TO THE TERMS IN D DELLS U.S. TERMS OF SALE (see e www.dell.com m/terms). Force Majeure. Neither pa arty shall be liable l to the o other party for r any failure t to perform any y of its obligations (e except payme ent obligations s) under this Agreement d during any pe eriod in which h such performance is i delayed by circumstances c beyond b its reas sonable contro ol including, but t not limited to, acts of God, fire, floo od, war, emba argo, strike, rio ot, or the interv rvention of any y governmenta al authority (a Force Majeure). In n such event, however, the delayed d party m must promptly provide the ot ther party with written notice of the Force F Majeure. The delayed d partys time fo or performance e will be excus sed for the dura ation of the Force Majeure, but if the Force Majeu ure event lasts s longer than th hirty (30) days s, the other par rty may immediately te erminate this Agreement A by giving g written no otice to the dellayed party. Parts and Pr roduct Owner rship. All serv vice parts re moved from the Supporte ed Product an nd any original prod ducts for whic ch Customer received a r replacement product beco ome the prop erty of Dell. Custom mer is obligate ed to pay at the then-curr rent standard Dell price fo or any service e parts removed from m Customers s Product an nd any origin al products f for which Cu ustomer rece ived a replacement product that are not proper rly returned to o Dell by Custo omer. IF YOU U FAIL TO PAY Y DELL FOR ANY PA ART OR PRODUCT, THEN DELL MAY C CANCEL THIS S AGREEMEN NT, SUSPEND YOUR WARRANTY AND/OR SER RVICE SUPPO ORT ON ANY DELL PRODU UCT YOU MA AY OWN UNTIL THE APPLICABLE E AMOUNT IS PAID, AND/O OR TAKE OTH ER LEGAL ST TEPS. A susp pension of warr ranty or service for failure to properly y return a part or product wil l not toll the te erm of your wa arranty or servic ce, and such warranty y or service will l still expire in accordance a wit th its original te erm. Parts. Dell uses u new, use ed, and recond ditioned parts made by var rious manufact turers, and the e parts provided to Cu ustomer may be b new, used, or o reconditione ed. State-Specific Provisions. The terms st tated in this pa services aragraph are specific to warranties and s purchased for a separate charge c in cert tain states. If f you are not a permanent resident of the state e paragraph h below at the time you purc chase the serviice for a separ rate charge, th hen you identified in each are not eligible for these rights and/or rem medies. We are e not obligated d to provide the e service unde er these pecified below. terms except in the states sp orgia and Kent tucky Custome ers. The obliga ations of Dell u nder this Agre eement are bac cked by Alabama, Geo the full faith an nd credit of De ell. nt at any time California Customers. You may cancel this Agreemen e by following g the procedu ures for cancellation set s forth in this s Agreement. If you cancel this Agreemen nt within 30 days of receipt of this Agreement, you y will receive e a full refund if i no claims ha ave been made e against the c contract. If any claim has been made against the e contract, then n you will rece eive a pro-rata refund based on the retail v value of erformed. If you cancel this Agreement A afte r thirty (30) day ys of your rece eipt of this Agre eement, any service pe

f.

g.

h.

i.

j. k.

al Damage Servic ce for Consumer r Customers Accidenta Rev: 1.0A ADSCC Ed: 09.07 7.2012ADSCC

Page P 6 of 10

you are entitle ed to a pro-rat ta refund as fo ollows: Refund = The Total P Price minus (a) the number o of days from the invoice date or othe er start date no oted on your inv voice or information page unt til we receive notice of your cancellat tion divided by y the term of th his Agreement t; (b) 0.1 multip plied by the To otal Price; and (c) the cost of any repair or replacement provided to you before cancellation.

mers. You may y cancel this Ag greement at an ny time by follow wing the proce edures for canc cellation Illinois Custom set forth in th his Agreement t. If you cance el this Agreem ment after thirty y (30) days o of your receipt of this Agreement, yo ou are entitled to a pro-rata re efund as follow ws: Refund = T he Total Price minus (a) the n number of days from the t invoice date or other start t date noted on n your invoice or information page until we receive notice of your r cancellation divided d by the term t of this Ag greement; (b) 0 0.1 multiplied by the Total Pric ce; and (c) the cost of f any repair or replacement r pr rovided to you before cancella ation. Florida Customers. The term ms stated in this paragraph a are specific to permanent res sidents of Florida who purchase both h the hardware e and this Agreement for pers sonal, family or r household pu urposes. If you are not a permanent resident of Flo orida at the tim me you purchas se the hardwar re and this Agreement for pe ersonal, family or hous sehold purpose es, then you ar re not eligible f for these rights s and/or remed dies. You may y cancel this Agreemen nt at any time by following th he procedures for cancellatio n set forth in this Agreement t. In the event you can ncel this Agreement, you are entitled to a re efund, which sh hall be based u upon 90 percen nt of the unearned pro-rata purchase e price less any y claims that ha ave been paid or less the co ost of repairs m made on your behalf. In the event th he contract is canceled c by De ell, the refund s shall be based d upon 100 per rcent of hase price. Arb bitration of any y and all claim ms and disputes s arising solely y out of the unearned pro-rata purch the terms and d conditions of this Agreemen nt is non-bindin ng unless the p parties agree in n writing at the e time a claim is asser rted or a dema and for arbitrat tion is made th hat both parties s want the arb bitration to be b binding. This Agreeme ent shall be governed g by the laws of th he State of Te exas; however r, to the exten nt such governing law w is expressly prohibited p by Florida's F laws g governing serv vice warranty a associations in certain instances, the en the laws of o Florida shal ll govern in s uch instances s. No fees fo or service tran nsfer or downgrading due to geogr raphic limitatio ons apply. If s service downg grades are req quired as a re esult of transferring th he hardware to o a new locatio on, then you m may cancel this s Agreement a and receive a p pro-rata refund as set forth immediately above. Dell Marketing L.P. is a licen nsed service w warranty associa ation in Florida, and it t is the issuer of o this Agreeme ent. Hawaii Custom mers. If you ca ancel this Agree ement pursuan nt to the proced dures for cance ellation set forth h in this Agreement an nd we fail to re efund the purc chase price of this Agreement to you withi in forty-five (45 5) days after your can ncellation, we are obligated to pay you a penalty of 10 % per month of the amount t of the refund due an nd owing to you u. Your right to o cancel this A Agreement only y applies to the e original owne er of the Agreement an nd may not be e transferred to o subsequent o owners of the Agreement. The obligations of Dell under this Agr reement are ba acked by the fu ull faith and cre edit of Dell. Maine Custom mers. You may cancel this Ag greement at any y time by follow wing the proced dures for cance ellation set forth in this Agreement. If you cancel th his Agreement t within twenty (20) days after r we sent the t (10) days of o delivery if the e Agreement w was provided to you at the time e of Agreement to you or within ten sale and you have h not made e a claim under r this Agreemen nt, then this Ag greement is void and Dell sha all refund to the Agreement A holder, or credit th he account of t the Agreement t holder for the full purchase p price of the Agreemen nt and any sale es tax refund re equired by state e law. The righ ht to void this A Agreement as provided in this subsection is s not transferab ble and shall a apply only to the e original purch haser of the Agreement, and only if no claim has been made m prior to t the return of the e Agreement to o Dell. If you c cancel this Agreemen nt pursuant to the t procedures s for cancellatio on set forth in t this Agreement t and we fail to refund the purchase price of this Ag greement to you within forty-fiive (45) days a after your cance ellation, we are e lty of 10% per month m of the a mount of the re efund due and owing to you. After obligated to pay you a penal the applicable e twenty (20) or r ten (10) day period p has laps sed or if a claim m has been ma ade under the Agreement du uring that time period, you ma ay cancel the A Agreement and we will refund to you 100% o of the unearned pro rata provider fee, f less any claims paid. An administrative e fee not to exc ceed 10% of the e

al Damage Servic ce for Consumer r Customers Accidenta Rev: 1.0A ADSCC Ed: 09.07 7.2012ADSCC

Page P 7 of 10

provider fee may m apply. If Dell D cancels this s Agreement, D Dell shall mail a written notice e to the owner o of this Agreement at the last known n address of su uch owner that is contained in n our records a at least fifteen (15) days prior to cancellation c by Dell and the notice n will state the effective d date of the canc cellation and re eason for the cancellation. If this Agreement A is ca ancelled by De ell for a reason other than non n-payment of th he provider fee, Dell D will refund to you 100% of o the unearned d pro rata provider fee, less a any claims paid d. An administrative e fee not to exc ceed 10% of the e provider fee m on cancellation by Dell. Obligations may apply upo of the provider under this Ag greement are backed by the fu ull faith and cre edit of Dell. he procedures for ts Customers. You Y may cance el this Agreeme ent at any time e by following th Massachusett cancellation set forth in this Agreement. A If you cancel this s Agreement w within twenty (2 20) days after w we sent the Agreemen nt to you or with hin ten (10) day ys of delivery if f the Agreemen nt was provided to you at the time of sale and you have h not made e a claim under r this Agreemen nt, then this Ag greement is void and Dell sha all refund to the Agreement A holder, or credit th he account of t the Agreement t holder or othe er payer of reco ord, if different, for th he full purchase price of the Agreement. A Th he right to void this Agreemen nt as provided in this subsection is not transferable and shall app ply only to the original purcha aser of the Agre eement, and only if b made prio or to the return n of the Agreem ment to Dell. If you cancel this s Agreement no claim has been pursuant to th he procedures for f cancellation n set forth in thiis Agreement a and we fail to re efund the purchase price of this Agreement A to yo ou within forty-f five (45) days a after your canc cellation, we are obligated to p pay you a penalty of 10% per mo onth of the amo ount of the refu und due and ow wing to you. If Dell cancels th his D shall mail a written notice to the owner o of this Agreeme ent at the last k known address s of Agreement, Dell such owner th hat is contained d in our records s at least five (5 5) days prior to o cancellation b by Dell. Prior n notice is not required d if Dell cancels s due to: nonpa ayment; a mate erial misrepres sentation; or a s substantial bre each of duties by the service s contrac ct holder relatin ng to the covere red product or its use. Obliga ations of the pro ovider under this Agr reement are ba acked by the fu ull faith and cre edit of Dell. Montana Cus stomers. Obliga ations of the provider p under this Agreeme ent are backed d by the full fa aith and credit of the provider. Nevada Cust tomers. You may m cancel th his Agreemen t at any time e by following g the procedu ures for cancellation set s forth in this s Agreement. If you cancel t this Agreemen nt within twenty y (20) days aft ter your receipt of this s Agreement an nd you have not made a claiim under this A Agreement, you are entitled t to a full refund of the Total T Price. If you y cancel this s Agreement an ny time after tw wenty (20) day ys after your receipt of this Agreemen nt or if you can ncel this Agreement and have e made a claim m at any time u under this Agre eement, you are entitle ed to a refund of the unearne ed premium ca alculated on a pro rata basis, , minus a canc cellation fee of 10% of the Total Price e. We may can ncel this Agreem eason within se eventy (70) day ys after ment for any re your receipt of this Agreeme ent. We may ca ancel this Agree ement thereafter only if: You fail to pay an amount a when due; d You are convicted of o a crime that results in addit under this Agre eement; tional service u It is discovered tha at you committ ted fraud or ma ade a materiall misrepresenta ation in obtaining this Agre eement or subm mitting a claim; It is discovered d that you engaged d in an act or o mission, or vio olated a condition of this Agre eement, after the date of this Agreement which substa antially and m materially increa ases the servi ice due er this Agreeme ent; or unde A ma aterial change occurs to the nature or scop pe of the servic ce that causes s it to be subst tantially and materially m incre eased beyond that t contempla ated as of the d date of this Agr reement.

If we cancel or o suspend this s Agreement as s provided abo ove, we will sen nd you written notice at the a address indicated in our records. The e notice will inc clude the effec ctive date of the cancellation or suspension n, which ss than fifteen (15) days after r the date we s send you the n notice of cance ellation or susp pension, will not be les and you will have the right to o contact us to cancel the con ntract in lieu of f suspension. In n addition, in th he case n, you will be entitled e to a refund of the un earned premiu um calculated o on a pro rata b basis. If of cancellation
al Damage Servic ce for Consumer r Customers Accidenta Rev: 1.0A ADSCC Ed: 09.07 7.2012ADSCC

Page P 8 of 10

we fail to deliver to you wit thin forty-five (45) ( days any unearned pre emium to which you are enti itled as ve, you will be entitled to an additional a amo ount equal to 10 0% of the Tota al Price for every thirty provided abov (30) days suc ch refund is de elayed beyond the 45-day pe eriod. You are not required t to pay a deduc ctible to receive the se ervice. The se ervice covers only o the types of defects exp pressly identifie ed in this Agre eement. Any other def fects in the ha ardware existin ng prior to the e date of this A Agreement are e not covered by the service. Repa airs initiated or r completed without Dells priior approval wiill not be cover red under this service contract. The e obligations of f Dell under th his Agreement are backed by y the full faith a and credit of D Dell Inc. Dell may assig gn its administrative obligations to a third pa arty that is registered in Neva ada.

New York Cus stomers. If you u cancel this Ag greement purs suant to the pro ocedures for ca ancellation set forth in this Agreement and we fail to refund the purchase price e of this Agree ement to you w within thirty (30 0) days ncellation, we are a obligated to o pay you a 10 0% penalty per r month of the amount of the e refund after your can due and owing to you. The obligations of Dell D under this s Agreement ar re backed by th he full faith and d credit of Dell. In add dition to the se ervices specified under this Ag greement, Delll will provide re epair and replacement services as to o defects in materials m or wo orkmanship, or r wear and tea ar, to the exte ent provided in n Dells Limited Hardw ware Warranty y (see http://ww ww.dell.com/wa arranty ), inclu uding any war rranty extensio ons, the provisions of which Limited d Hardware Warranty W are in ncorporated by y reference he erein. Dells Limited Hardware Wa arranty may be e included with the purchase and in the priice of the cove ered hardware. Such incorporation by reference shall s not enlarg ge or diminish your rights or Dells obligatio ons under the Limited Hardware Wa arranty, provid ded, however, the duration of this Agreem ment shall not extend beyo ond the duration of the e Limited Hard dware Warranty y (including an ny warranty ext the event of a conflict tensions). In t between the provisions of this Agreemen nt and the Lim mited Hardwar re Warranty, t the provisions of this hall control. Agreement sh North Carolina Customers. You are entitle ed to written n otification befo ore the sale of f a service agre eement that the purch hase of a serv vice agreemen nt is not requir red either to p purchase or ob btain financing on the covered hardw ware. You may y cancel this Ag greement at an ny time by follow wing the proce edures for canc cellation set forth in th his Agreement t. If you cance el this Agreem ment after thirty y (30) days o of your receipt of this Agreement, yo ou are entitled to a pro-rata re efund as follow ws: Refund = T he Total Price minus (a) the n number r information p of days from the invoice da ate or other st tart noted on y your invoice or page until we receive r cancellation divided d by the term t of this Ag greement; (b) 0 0.1 multiplied by the Total Pric ce; and notice of your (c) the cost of f any repair or replacement r pr rovided to you before cancella ation. Ohio Custome ers. Dell's obl ligations under r this Agreeme ent are insured d under a reim mbursement ins surance policy issued by Virginia Su urety Company y, Inc., 175 W. . Jackson Blvd d., Chicago, IL 60604. In the e event that Dell ceas ses to operate, is bankrupt, or o your claim is s not paid with in sixty (60) da ays after proof of loss has been filed d, you may file e a direct claim m with Virginia a Surety Comp pany, Inc. To d do so, please call the following toll-f free number for r instructions: 1-800-209-620 06. Oklahoma Cu ustomers. Dell Inc. shall be co onsidered the o obligor on the s service obligations hereunder r. Oregon Custo omers. The ob bligations of De ell Marketing L L.P. under this s Agreement a are backed by the full faith and cred dit of Dell Inc. The contact in nformation for both Dell Mark keting L.P. and d Dell Inc. is O One Dell Way, Round Rock, TX 786 682, Attn: Serv vice and Suppo ort Departmen nt, (800) 624-9 9897. The arb bitration ent do not app ply to the exte ent those prov visions are expressly prohib bited by provisions in this Agreeme Oregon law. Those laws may give you ce ertain rights, su uch as a right to exhaust internal appeals prior to d a right to arb bitrate in Orego on (unless you and Dell agree e otherwise) w with Oregon law w as the arbitration and governing law w. South Carolin na Customers. If you cancel this Agreemen nt pursuant to the procedure es for cancellat tion set forth in this Agreement A and we fail to refu und the purcha ase price of this s Agreement to you within fo orty-five (45) days afte er your cancellation, we are obligated o to pa ay you a 10% penalty per mo onth of the am mount of

al Damage Servic ce for Consumer r Customers Accidenta Rev: 1.0A ADSCC Ed: 09.07 7.2012ADSCC

Page P 9 of 10

the refund due and owing to o you. Your right to cancel th is Agreement o only applies to o the original ow wner of nt and may no ot be transferr red to subsequ uent owners o of the Agreeme ent. If we canc the Agreemen cel this Agreement, we w will send you u written notice e of the cancell ation at least f fifteen (15) day ys prior to the e effective date of cance ellation. The ob bligations of De ell under this Ag greement are b backed by the full faith and c credit of Dell. If we do not timely res solve such mat tters within sixt ty (60) days of f proof of loss, you may cont tact the ox 100105, Col umbia, South C Carolina 29202 2-3105, South Carolina Department of Insurance, Post Office Bo or (800) 768-3 3467.

Texas Custom mers. If you can ncel this Agree ement pursuant t to the proced dures for cance ellation set forth h in this Agreement an nd we fail to re efund the purc chase price of this Agreement to you withi in forty-five (45 5) days after your can ncellation, we are a liable to you u for a penalty y of no more th an 10% per month of the am mount of the refund due and owing to o you. Your right to cancel th is Agreement o o the original ow wner of only applies to nt and may not be transferred d to subsequen nt owners of the e Agreement. T The obligations s of Dell the Agreemen under this Agr reement are ba acked by the fu ull faith and cre edit of Dell. Any y unresolved c complaints concerning Dell or questions concernin ng the regulation of service contract proviiders may be addressed to: Texas Department of o Licensing an nd Regulation, P.O. Box 12 157, Austin, T Texas 78711-2157, telephone e (512) 4636599 or (8 800) 803-9202 (within Texas). Washington Customers. C If you y cancel this Agreement pu ursuant to the p procedures for r cancellation s set forth in this Agreem ment above and d we fail to refu und the purcha ase price of this s Agreement to o you within thi irty (30) days after you ur cancellation, , we are obliga ated to pay you u a penalty of 1 10% per month h of the amoun nt of the refund due an nd owing to you u. Your right to o cancel this A Agreement only y applies to the e original owne er of the Agreement an nd may not be e transferred to o subsequent o owners of the Agreement. The obligations of Dell under this Ag greement are backed by the e full faith and d credit of Dell. The arbitrat tion provisions in this Agreement do o not apply to the extent those e provisions ar re expressly pr rohibited by Wa ashington law. Those laws, including Wash. Rev. Code 48.110.0 070(14) and th he state Uniform m Arbitration A Act (Wash. Rev v. Code .), may give you y certain righ hts, such as a right to arbitr rate in Washin ngton at a loca ation in 7.04A et seq. closest proxim mity to your per rmanent residence (unless yo ou and Dell agr ree otherwise). Wisconsin Customers. This T warranty y is subject to limited re egulation by the Office of the Commissioner of Insuran nce. Dell Inc c. shall be co onsidered the obligor on the e service obligations hereunder. Wyoming Customers. The arbitration pr rovisions in th his Agreement t shall apply to the extent t those provisions are e not expressly y prohibited by Wyoming law. To the extent t required by A Article 19, Secti ion 8 of the Constitutio on of the State of Wyoming, arbitration a of an ny and all claim ms and dispute es arising solely y out of the terms and d conditions of f this Agreeme ent is non-bind ding unless the e parties agre ee in writing that both parties want the t arbitration to t be binding. The final dete ermination in an ny proceeding instituted purs suant to the arbitration n provisions set forth in this Agreement A may y be submitted d to a court of c competent juris sdiction in accordance e with Sections s 1-36-101 to -119 of the W Wyoming Statute es. The obliga ations of the p provider under this se ervice contract are backed by b the full faith h and credit o of the provider r. If you canc cel this Agreement af fter thirty (30) days d of your re eceipt of this A Agreement, you u are entitled to o a pro-rata ref fund as follows: Refun nd = The Total l Price minus (a) ( the number r of days from the invoice da ate or other sta art date e notice of you noted on your r invoice or info ormation page until we receive ur cancellation divided by the term of this Agreemen nt; (b) 0.1 multiplied by the To otal Price; and (c) the cost of f any repair or replacement provided to you before cancellation. A 10% penalty y per month sh hall be added t to a refund that is not paid within 45 urn of the service contract. days after retu

D Inc. All rig ghts reserved. Trademarks T an nd trade names s may be used in this docume ent to refer to e either 2012 Dell the entiti ies claiming the e marks and na ames or their products. p ___________ _____________ __________
al Damage Servic ce for Consumer r Customers Accidenta Rev: 1.0A ADSCC Ed: 09.07 7.2012ADSCC

Page P 10 of 10

S-ar putea să vă placă și