User manual MICROTEK TERMS & CONDITIONS EXCHANGE

[. . . ] You are responsible for creating back-up copies of all Your data and software on a regular basis. The expiration date and price of this Agreement is shown on the reverse side. 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. Equipment must have at least 30 days remaining in the first year of the original warranty to qualify for coverage under this Agreement. [. . . ] Any equipment, including CPU's and Servers located more than 50 miles from the nearest service center will be serviced via depot repair. Monitors will be serviced via advanced exchange, express delivery/repair or depot repair. Parts used to repair equipment may be either new or rebuilt at Our sole option. Service may be performed by subcontractors. UNAVAILABILITY OF FUNCTIONAL PARTS OR TECHNICAL INFORMATION. If We determine that We are unable to repair the equipment due to unavailability of functional parts or technical information, You are entitled to a comparable equipment replacement. In all cases, We will determine equipment comparability. THIS AGREEMENT DOES NOT COVER: a) ANY EQUIPMENT LOCATED OUTSIDE THE UNITED STATES, CANADA OR PUERTO RICO. b) SERVICE REQUIRED AS A RESULT OF ANY ALTERATION OF THE EQUIPMENT OR REPAIRS MADE BY OTHER THAN (SERVICE PROVIDER), ITS AGENTS, DISTRIBUTORS, CONTRACTORS OR LICENSEES OR THE USE OF SUPPLIES OTHER THAN THOSE RECOMMENDED BY THE MANUFACTURER. c) INSTALLATION OR REINSTALLATION OF ANY EQUIPMENT. d) DAMAGE OR OTHER EQUIPMENT FAILURE DUE TO CAUSES BEYOND OUR CONTROL INCLUDING, BUT NOT LIMITED TO, REPAIRS NECESSARY DUE T O OPERATOR NEGLIGENCE, THE FAILURE TO MAINTAIN THE EQUIPMENT ACCORDING TO THE OWNER'S MANUAL INSTRUCTIONS, BURNING-IN CAUSED BY A CONSTANT PATTERN, FAILURE OF OR IMPROPER USE OF ANY ELECTRICAL SOURCE, EXCEEDING DUTY CYCLES, ABUSE, VANDALISM, COMPUTER VIRUSES, THEFT, FIRE, FLOOD, WIND, LIGHTNING, FREEZING, UNUSUAL ATMOSPHERIC CONDITIONS, TELEPHONE FAILURE, OR ACTS OF WAR OR ACTS OF GOD. e) EXPENDABLE ITEMS OR CONSUMABLE ITEMS SUCH AS, BUT NOT LIMITED TO, PAPER, RIBBONS, FLOPPY DISKS, PRINT HEADS, TONER CARTRIDGES, COPIER DRUMS, BELTS, CABLES, LASER PRINTER DRUMS FILTERS, BATTERIES, TAPES, FILM, BULBS, LAMPS, PRINT ENGINES AND OTHER OPERATING SUPPLIES , REMOTE CONTROLS AND CONSUMABLE ITEMS. f) TELEPHONE OR OTHER LINES CONNECTING TO THE EQUIPMENT. g) ANY SOFTWARE, INCLUDING, BUT NOT LIMITED TO, APPLICATION PROGRAMS, NETWORK PROGRAMS, DATABASES, FILES, DRIVERS, SOURCE CODE, OBJECT CODE OR PROPRIETARY DATA, OR ANY SUPPORT, CONFIGURATION, INSTALLATION OR REINSTALLATION OF ANY SOFTWARE OR DATA. h) I N - WARRANTY PARTS NOT PROVIDED OR SHIPPED BY THE MANUFACTURER. i) SERVICE NECESSARY BECAUSE OF IMPROPER STORAGE, IMPROPER VENTILATION, RECONFIGURATION OF EQUIPMENT, USE OR MOVEMENT OF THE EQUIPMENT, INCLUDING THE FAILURE TO PLACE THE EQUIPMENT IN AN AREA THAT COMPLIES WITH THE MANUFACTURER'S PUBLISHED SPACE OR ENVIRONMENTAL REQUIREMENTS. j) EQUIPMENT USED IN INDUSTRIAL SETTINGS. EQUIPMENT USED IN INDUSTRIAL SETTINGS MAY BE DEFINED AS: (I) ANY UTILIZATION OF EQUIPMENT THAT IS INCONSISTENT WITH EITHER THE DESIGN OF THE EQUIPMENT OR THE WAY THE MANUFACTURER INTENDED THE EQUIPMENT TO BE USED, (II) ANY INSTALLATION IN A WAY THAT PREVENTS NORMAL SERVICE, AND (III) ANY AND ALL CASES IN WHICH THE MANUFACTURER OF THE EQUIPMENT WOULD NOT HONOR ANY WARRANTY REGARDING THE EQUIPMENT. k) NONFUNCTIONAL PARTS, INCLUDING DAMAGE TO CABINETRY. l) DEFECTS IN THE EQUIPMENT DUE TO THE MANUFACTURER'S ERRORS OR IMPROPER CONSTRUCTION OF THE EQUIPMENT. m) EQUIPMENT SOLD WITHOUT A MANUFACTURER'S WARRANTY OR SOLD "AS IS". UNLESS SOLD UNDER THE OUT OF WARRANTY PROGRAM. [. . . ] Products covered on the reverse side of this Contract that require four repairs on the same component, during the term of this Contract, will be replaced with a product of like grade and quality by Us, not to exceed the original retail purchase price. In the event We are unable to repair Your product(s) due to unavailability of equipment or parts, We at Our option may elect to buy out the Contract up to the original purchase price less any claims paid. Any controversy or claim arising out of or relating to this Contract, or breach thereof, will be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. A judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. [. . . ]