This document sets forth the entire Agreement (Service Plan) among Epson America, Inc., (Epson or Administrator), Westchester Warranty Services* (Obligor), hereinafter collectively We, Us, and Our; and the purchaser identified on the Service Plan, hereinafter referred to as You and Your. No statements, representations, or promise by any person shall modify these terms.
WHAT IS COVERED: Service performed hereunder shall consist of labor and parts necessary to restore the product(s) identified to normal operating conditions, including required maintenance whenever necessary and failures resulting from normal wear and tear. There are limitations of coverage set forth herein. The Product is covered for service from the Effective Date to the Expiration Date identified.
WHO PROVIDES COVERAGE: All service or repair work provided under this Agreement will be performed by Epson or through an Epson authorized service center. For consumer products in the United States, this Agreement is also secured by a contractual insurance reimbursement program underwritten by Westchester Warranty Services, Six Concourse Parkway, Suite 2500, Atlanta, GA 30328. You are entitled to make a direct claim against the Obligor if Epson fails to handle any claim within thirty (30) days after proof of loss has been filed or in the event Epson is no longer in business or is bankrupt.
IF YOU NEED SERVICE: You may obtain service or request additional information by contacting The Epson Connection at 562-276-1300. You should contact Us if the completion of Your repair is not satisfactory.
ONSITE SERVICE: If We have imprinted "ONSITE SERVICE" on the Service Agreement, repairs will normally be performed at the identified address on this Agreement. If some of the work must be done at a repair center, the transportation of Your product or component to and from the repair center will be furnished by Us. If this Service Plan specifies that service is to be performed at Your premises, such provision may be automatically voided if You move the product to a new location that is not within 35 miles of a repair center. In such event, You may elect to either cancel this Agreement and request a pro rated refund or have service performed on a carry in basis. You must notify Us of a relocation and We will determine if "ONSITE SERVICE" is available. Onsite Service is not available in all locations.
CARRY IN SERVICE: If We have imprinted "AUTHORIZED SERVICE REPAIR CENTER" on the Service Agreement, You are responsible for delivery of Your product to the repair center for service and pickup of the product following completion of service. If needed, postage, insurance, or shipping costs incurred in presenting Your Product for service are Your responsibility.
EXCHANGE PROGRAM: If We have imprinted "EXCHANGE PROGRAM" on the Service Agreement, We will ship You a replacement product, freight prepaid. We will pay the shipping costs to and from the service center. You are responsible for returning the defective Product within five (5) working days of receipt of the replacement product. You will need to provide Us with a credit card number to secure the cost of the replacement product, in the event that You fail to return the defective one.
REPLACEMENT OPTIONS: At Our option, We may replace a product with one of like kind and quality if We are unable to repair or where the cost may exceed the replacement value of the covered product. Our liability for replacement of the covered product will not exceed the original retail selling price of the covered product. The replaced product or part shall become Our Property. Exchange or replacement products or parts assume the remaining coverage period under this Agreement.
AVAILABILITY OF SERVICE: Service shall normally be available and rendered during the regular working hours.
DELAYS: We will exercise reasonable efforts in providing service under this service plan, but We shall not be liable for any damages arising out of delays; and in no event shall We be liable for consequential damages. In the event Your repair requires more than 30 days, the expiration date of Your service plan will be extended by the time for repairs in excess of 30 days.
PARTS: Materials furnished as replacements for parts will be drawn, at Our option, from Ours or the service center's inventory of new or rebuilt parts or components. Parts and service will be furnished as necessary to maintain the proper operating condition for the products covered by this Service Plan. Parts and on-site service already covered under the original warranty will be provided under that warranty and no liability shall be established hereunder if covered by an original warranty.
WHAT IS NOT COVERED:
COVERS, LIDS OR OTHER STATIONARY PARTS, CONSUMABLES SUCH AS INK CARTRIDGES, TONER CARTRIDGES, LIGHT BULBS, FILTERS, RIBBONS, BATTERIES, MAGNETIC MEDIA, AND DRUMS/CHARGES OR APPEARANCE PARTS SUCH AS INTERIOR OR EXTERIOR FINISHES OR TRIM.
CABINETS AND ASSOCIATED NON-OPERATION COMPONENTS OF YOUR PRODUCT, SUCH AS PROTECTIVE GLASS, FRAME, ANTENNA CONSUMER, STYLUS NEEDLES, TRAYS SHELVES,, OR INSTALLATION OF THESE ITEMS.
REPLACEMENT OF MISSING PARTS: INSTALLATION OR REMOVAL OR ACCESSORY RETROFITS.
PERIPHERAL EQUIPMENT OR COMPUTER SYSTEMS OF WHICH THE PRODUCT MAY BE A PART.
SERVICES NOT COVERED: THIS SERVICE PLAN DOES NOT COVER:
SERVICE, MAINTENANCE REPAIR, OR REPLACEMENT NECESSITATED BY ANY LOSS OR DAMAGE RESULTING FROM ANY CAUSE OTHER THAN NORMAL USAGE, SUCH AS BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO MISUSE, ABUSE, USE OUTSIDE OF THE SPECIFICATIONS FOR THE PRODUCT, OR UNAUTHORIZED REPAIR BY OTHERS.
SERVICE MADE NECESSARY BY ANY EXTERNAL CAUSES, SUCH AS INSECT INFESTATION, FIRE, WATER, WINDSTORM, HAIL, LIGHTNING, EARTHQUAKE, THEFT, NEGLIGENCE, RIOT OR ANY OTHER PERIL, OR MADE NECESSARY BECAUSE OF REPAIRS BY PERSONS OTHER THAN THOSE TRAINED TO SERVICE AND REPAIR EPSON PRODUCTS.
SERVICE AND REPAIR ON PRODUCT PURCHASED AND/OR USED OUTSIDE THE UNITED STATES OR CANADA.
SERVICE AND REPAIR OF PRODUCT ON WHICH THE EPSON LABEL OR LOGO OR THE RATING LABEL OR SERIAL NUMBER HAS BEEN DEFACED OR REMOVED.
DAMAGES CAUSED BY USE OF THIRD PARTY PRODUCTS OR SUPPLIES.
SCHEDULED PREVENTATIVE MAINTENANCE.
If You authorize an Epson service center to perform any of the services not covered, or a claimed problem cannot be identified or reproduced, You agree to pay the service center its usual and customary fee for such work.
THE WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME LAWS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, AND IF THESE LAWS APPLY, THEN ALL EXPRESS AND IMPLIED WARRANTIES ARE LIMITED TO THE COVERAGE PERIOD OF THIS AGREEMENT.
NEITHER US NOR ANY OF OUR AFFILIATES SHALL BE LIABLE FOR ANY LOSS, INCONVENIENCE, OR DAMAGE, INCLUDING DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THE EPSON PRODUCT, WHETHER RESULTING FROM BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY. IF THE REMEDY ABOVE FAILS, OUR ENTIRE LIABILITY SHALL BE LIMITED TO A REFUND OF THE PRICE PAID FOR THE EPSON PRODUCTS COVERED BY THIS LIMITED WARRANTY.
WHAT YOU MUST DO: Non-technical cleaning, other maintenance procedures set forth in the product manual, and maintaining the product in a normal operating environment are Your responsibility. Installation or hookup of Your product is not covered. You are also responsible for all data and software and should create back-up copies of all Your data and software prior to submitting the product for any service
RENEWAL: We may renew this Agreement, however, We are not obligated to offer You another Service Plan upon termination of this Agreement or to accept any Service Plan order. Purchase of multiple Service Agreements to be dated consecutively is prohibited due to changes in service plans and pricing.
TRANSFER: This Agreement is transferable with the written consent of the Administrator for a fee of $15.00. The terms and conditions of this Agreement cannot be modified in any way except by written agreement between You and Us.
CANCELLATION: You may cancel this Agreement at any time for any reason by mailing a request for cancellation and the original of this Service Agreement to the Administrator. If You cancel this Service Plan within the first 30 days after receipt of this Agreement, You will receive a full refund less the value of any services that have been provided. If You cancel after 30 days from the receipt of this Agreement, You will receive a pro rated refund based on the time remaining on Your plan, less any administrative fee not exceeding 10% of the price of the service plan or $25.00, whichever is less, and the value of any services that have been provided. If the Administrator cancels, You shall be refunded 100% of the unearned pro rate purchase price of this Agreement.
REPEAT SERVICE: If Your product requires service more than once within a 30 day period it should be completed by the same repair center, unless Epson authorizes otherwise.
GOVERNING LAW: Unless otherwise governed by applicable state law, this Agreement will be interpreted and enforced according to the laws of the state of Nevada.
STATE VARIATIONS: The conditions listed below apply to the following states and supercede any other provision herein to the contrary:
ALABAMA: The use of non-original manufacturer's parts is allowed under this contract. If no claim has been made under this contract, You may return this contract within twenty (20) days of the date the contract was mailed to You or within ten (10) days of delivery if the contract was delivered to You at the time of sale. In such a case, this contract will be void and the Administrator will refund to You the full amount of the purchase price of this contract purchaser. If You cancel this contract otherwise, You will be provided a pro rate refund less reasonable handling costs, any claims that may have been paid, and an administrative fee of $25.00.
ARIZONA: If this contract is cancelled, You will be provided a pro rate refund after deducting for administrative expenses not to exceed twenty-five dollars ($25) associated with the cancellation. Further, We will not cancel or void this contract due to preexisting conditions, prior use or unlawful acts relating to the product or misrepresentation by us or by Our subcontractors. No claim incurred or paid will be deducted from the amount to be returned. Neither We, Our assignees, nor Our subcontractors will cancel or void coverage under this contract due to Our failure to provide correct information or Our failure to perform the services or repairs provided in a timely, competent, and workmanlike manner.
CALIFORNIA: You may cancel this Agreement at any time for any reason by providing a written notice of cancellation to the Administrator. If You cancel this Service Plan within the first thirty (30) days after receipt of this Agreement, You will receive a full refund less the value of any services that have been provided. If You cancel after thirty (30) days from the receipt of this Agreement, You will receive a pro rated refund based on the time remaining on Your plan, less any administrative fee, not to exceed 10% of the price of the Service Plan or $25.00, whichever is less, and less the value of any services that have been provided. If the Administrator cancels, You shall be refunded 100% of the unearned pro rate purchase price of the Agreement. If the purchase of this Agreement was financed, the Administrator may make the refund payable to You, the assigned, or the lender of record, or both.
FLORIDA: If You cancel this contract, return of premium will be based upon ninety percent (90%) of unearned pro rate premium less any claims that have been paid or less cost of repairs made on Your behalf. If We cancel this contract, return of premium will be based upon one hundred percent (100%) of unearned pro rate premium.
GEORGIA: The Administrator may not cancel this contract except for fraud, material misrepresentation or non-payment by You, for violation of any of the terms and conditions of this contract, or if required to do so by any regulatory authority. Notice of such cancellation will be in writing and given at least thirty (30) days prior to cancellation. Cancellation will comply with section 33-24-44 of the Georgia code. Refunds will be based on the excess of the consideration paid for this contract above the customary short rate for the expired term of the contract. Paragraph 22-govenring law is replaced by the following: Your service contract will be interpreted and enforced according to the laws of the state of Georgia.
NEW YORK: If no claim has been made under this contract, You may return this contract within twenty (20) days of the date of the contract was mailed to You or within ten (10) days of delivery if the contract was delivered to You at the time of sale. In such case, this contract will be void and We will refund to You the full amount of the purchase price of this contract. This right to void the contract is not transferable and applies only to the original contract purchaser. If You cancel this contract otherwise, You will be provided a pro rate refund less reasonable handling costs, any claims that may have been paid and an administrative fee of up to twenty-five dollars ($25). You may return this contract by mailing it to the attention of the Administrator at this address listed below. A ten percent (10%) penalty per month will be added to refund that is not made within thirty (30) days of return of the contract to us.
NORTH CAROLINA: The Administrator may not cancel this service contract except for non-payment by You or for violation of any of the terms and conditions of this contract. Any administrative fee applied to a pro rate refund will not exceed ten percent (10%) of the amount of the pro rate refund.
OKLAHOMA: Refunds will be based upon ninety percent (90%) of the unearned pro rate premium.
UTAH: Coverage afforded under this contract is not guaranteed by the property and casualty guaranty association. Notice of cancellation for non-payment of the purchase price of this contract will be in writing and given at least ten (10) days prior to cancellation notice of cancellation for any other reason will be in writing and given at least thirty (30) days prior to cancellation.
WISCONSIN: This service contract is subject to limited regulation by the Office of the Commissioner of Insurance. This contract will only be cancelled mid-term for material misrepresentation, substantial change in the risk assumed, or a substantial breach of contractual duties, conditions, or warranties. You may, within fifteen (15) calendar days of the delivery of this contract, reject and return this contract for a full refund less actual costs or changes needed to issue and service this contract. If You cancel this contract at any time during the coverage period, claims will not be considered when calculating any refund due.