Your use of Third Party Warranty requires that you agree to the following terms. Please read them carefully. If you do not understand the Terms, or do not accept any part of them, then you cannot use Third Party Warranty. Some products and features may not be available in all countries. Please contact us for more information.
Coverage, Fees and Dates
When you place an order for Third Party Warranty services, if we choose to accept the coverage requested, you will receive a coverage card within 15 days of placing the order. Fees are invoiced in advance unless otherwise noted and are payable before coverage is deemed active. If we do not accept the coverage requested, your order will be canceled, and payment will be returned to you. The equipment covered by Third Party Warranty orders begins and ends on the dates as specified on the confirmed coverage card, unless sooner terminated in accordance with the provisions of the Terms or if the other party has failed to comply with the Terms. Additionally, we reserve the right to cancel any orders for any reason, including but not limited to mistakes in our eligibility engine, pricing errors, duplicate orders or abuse.
Quoted prices do not include applicable taxes, which shall be your responsibility. Taxes include: import duties, customs, federal, state, municipal, or any other government excise sales, use, occupational, or similar taxes. Compliance with tax laws for equipment and services shall be your responsibility. If Customer is tax exempt, you must provide a valid Tax Exemption Certificate.
You agree to comply with all applicable laws and regulations. You must not be named on any government list of persons or entities with which you are prohibited from transacting, nor owned or controlled by or acting on behalf of any such persons or entities. You will not access or use Services in any manner that would cause any Party to violate any laws or international embargo, export control law, or prohibition. You have not received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from any person in connection with this Agreement. If you learn of any violation of the above restrictions, you will use reasonable efforts to promptly notify us. You represent that you have all requisite ownership, license or other rights required for us to perform all Services without infringing rights of third parties.
Standards of Our Services
To be eligible for Service by us, your equipment must be identified on a Coverage Card (“Covered Equipment”). All Covered Equipment must be in good working condition and meet the manufacturers’ minimum equipment configuration requirements and specifications. Any costs associated with correcting deficiencies to the aforementioned requirement(s) are your responsibility.
We will maintain the Covered Equipment in good operating condition. Services include labor and replacement of all parts deemed necessary for proper operation of Covered Equipment. Defective parts containing proprietary data will remain Customer’s property; all other defective parts will become our property unless otherwise agreed.
You will promptly notify us of Covered Equipment failure and will allow our staff reasonable access to Covered Equipment and a reasonable time to perform the Services. You will maintain accurate and current logs and records concerning the operation of Covered Equipment.
Services provided outside the scope of services set forth on a Coverage Card will be billed at our per call rates and terms then in effect.
You shall provide us with full and free access to the Equipment, and a safe place in which to perform maintenance service. You shall also maintain a current backup of the Operating System and other applicable software programs and data. Should any person other than service representatives provided by us repair, modify, or perform any maintenance service on any Equipment as listed on the confirmed coverage card, and as a result, we are required to restore the Equipment to good operating condition, you will be billed separately per the call rates and terms in effect at that time.
All Services are dependent upon hardware availability on commercially reasonable terms.
Our Services will be provided by supervised and qualified staff and will be provided in a good and workmanlike manner and in compliance with all applicable laws and regulations.
The following services are outside the scope of maintenance service provided by us:
Installation, de-installation, reinstallation or moving Covered Equipment;
Adding, changing, removing features or options, or making functional changes to Covered Equipment;
Providing consumable or operating supplies or materials, including but not limited to print heads, shuttle assemblies, cables, batteries, media, toner or ink cartridges;
Repair of equipment damage including, without limitation, damage resulting from accident, transportation, neglect or misuse, lightning, failure or fluctuation of electrical power, air conditioning or humidity control, water, other environmental factors, telephone equipment or communication lines failure, failure of foreign interconnect equipment, or caused by maintenance services or modifications, alterations or additions of items not provided by us to Covered Equipment;
Maintenance or repair required caused by misuse, abuse or neglect, or other loss or damage from causes external to the equipment;
Reconditioning or factory refurbishment of equipment when normal repair and parts replacement cannot keep the equipment in satisfactory operating condition as determined by us;
Software or firmware service (including upgrades and patches) or any repair of any equipment failure caused by inappropriate software or firmware programming, system software or application software support;
System engineering services, programming, and operating procedures;
Maintenance or other services on equipment other than Covered Equipment. Excluded services noted above may be performed by us under a separate service agreement or, at our sole discretion, on a time and materials basis (which may include travel).
Proprietary and Confidential Information
You agree not to disclose to any third party, by any means, any proprietary data or confidential information that you may have obtained in the performance of our duties without the prior written permission. If you receive information which is marked “Confidential” or “Proprietary” or with a similar marking, or if you receive information you know or should know is confidential or proprietary, then you agree not to use such information except in the performance of this Agreement. Moreover, you agree to treat such information in the same manner as you treat your own confidential information and agree to use commercially reasonable efforts to protect the confidentiality of such information. In the event you are required to disclose the confidential information by court order or operation of law, you agree to provide notice to us prior to the required disclosure. The confidentiality obligations in this paragraph apply during the term of this Agreement for a period of two (2) years after termination or expiration. You will return or destroy confidential information upon request.
We reserve the right to change, modify, or amend these Terms of Service from time to time as our business requirements may dictate.
This Agreement, together with the agreements and instruments referenced herein, contains the entire understanding of the Parties with respect to the subject matter hereof and supersedes all prior agreements between the Parties. For clarity, you specifically agree that this Agreement supersedes and renders void any contrary terms and conditions contained in a purchase order, sales acknowledgment or other instrument, agreement or document unless such order, acknowledgment, instrument, agreement or document is entered into after the Effective Date, signed by both Parties hereto, and expressly references this Agreement.
We may terminate coverage by written notice to you upon a material breach by you of obligations under this Agreement and/or the applicable coverage.
In the event of a dispute, at our request, you will appoint executive officers to meet in good faith within sixty (60) days from such request to resolve the dispute.
We will not be liable for failure to fulfill our obligation under this Agreement if such failure is due to causes beyond our reasonable control, including, but not limited to, acts of God, acts of terrorism, transportation delay, government acts, war, riot or other civil commotion, man-made or natural disasters, material shortages, strikes, delays in transportation or force majeure. The time for performance of any such obligation will be extended by the period lost due to such cause. We will resume work as soon as it is safe and we are reasonably able to do so.
We reserve the right to assign or subcontract to third parties all or part of the maintenance services which are included in the Terms, and each party agrees to the terms, conditions, and limitations provided within this document and that as provided by the third party.