ACER LIMITED WARRANTY AGREEMENT
[Binding Arbitration provisions are not applicable to Quebec consumers]
THIS AGREEMENT CONTAINS A MANDATORY AND BINDING ARBITRATION PROVISION. IN WHICH YOU AND ACER AGREE TO RESOLVE ANY DISPUTES BETWEEN YOU AND ACER BY BINDING ARBITRATION. PLEASE SEE SECTION 14 BELOW.
This Agreement (“Agreement”) is between the original purchaser (“You”) and Acer America Corporation (“Acer”) and applies to Acer branded products (“Products”) and services purchased in the U.S. or Canada by You from Acer or any of its subsidiaries or affiliates or an Acer authorized reseller (“Reseller”). This limited warranty is valid only in the U.S. and Canada. It extends only to You, the original purchaser, and is not transferable to anyone who subsequently purchases, leases, or otherwise obtains the Product from You. This limited warranty does not cover software or non-Acer branded products (e.g., printers, scanners, etc.).
The term of this Limited Warranty (the “Limited Warranty Period”) is identified in the reference table included with this Agreement (“Warranty Reference Table”) and shall apply to all Products with the exception of lamps purchased with projectors. If You have purchased a projector, the lamp is warranted for a period of ninety (90) days. If You have purchased a Product that includes a rechargeable battery, Acer warrants that the battery will be free from defects in material and workmanship for the shorter of
(a) the period set forth in the Warranty Reference Table or (b) one (1) year from the date of purchase of the Product that uses the battery. As with all batteries, the maximum capacity of the battery included in the Product will decrease with time or use. The battery warranty does not cover changes in battery capacity. Your battery is only warranted from defects in materials or workmanship resulting in failure. Battery life is not warranted and will vary depending on Product configuration and usage including, but not limited to the Product model, applications running, power management settings, and Product features. The Limited Warranty The period commences on the date of purchase by You. Your original purchase invoice (sales receipt) showing the date of purchase of the Product is your proof of the date of purchase.
1. Product Limited Warranty.
Acer warrants that its Products will be free from defects in materials and workmanship for the Limited Warranty Period. During the Limited Warranty Period, Acer will, at its option:
(i) provide replacement parts necessary to repair the Product;
(ii) repair the Product or replace it with a comparable product;
(iii) refund the amount You paid for the Product, LESS DEPRECIATION, upon its return. Replacement parts and Products will be new or serviceably used, comparable in function and performance to the original part or Product and warranted for the remainder of the original warranty period or, if longer, 90 days after they are shipped to You.
2. Hardware Technical Support.
During the Limited Warranty Period, Acer will provide Product technical support. After the expiration of the Limited Warranty Period, hardware technical support is available for a fee. The fee will be charged to your credit card when You call technical support.
Please note that when contacting Acer via telephone, long distance and other charges may apply, depending upon your calling area. The scope of technical support consists of helping You diagnose and resolve problems with defects in Products covered by this Agreement, and reinstalling the factory-installed operating system and software to restore it to the original factory configuration. Acer may provide technical support via on-line, telephone and other methods. Acer may change the means through which it provides technical support at any time without notice to
3. Software Support for Operating System Software.
Acer is not the manufacturer of the software or operating system and does not guarantee that software or operating systems will be free from errors, either in isolation or in combination with hardware. For your The product, Acer will assist the original purchaser with
- Installation of any operating system software purchased from Acer;
- A configuration of the operating system software;
- Setup of the operating system software; and
- Troubleshooting issues associated with the operating system software.
4. Limitations and Exclusions.
THIS LIMITED WARRANTY DOES NOT COVER AND ACER IS NOT RESPONSIBLE FOR:
- DELIVERY OR INSTALLATION, OR LABOR CHARGES FOR INSTALLATION OR SETUP OF THE PRODUCT, ADJUSTMENT OF CUSTOMER CONTROLS ON THE PRODUCT, AND INSTALLATION OR REPAIR OF ANTENNA SYSTEMS OUTSIDE OF THE PRODUCT.
- DAMAGES CAUSED BY MISUSE, ABUSE, ACCIDENTS, FIRE, THEFT, DISAPPEARANCE, MISPLACEMENT, FLUCTUATIONS AND POWER SURGES, CONNECTIONS TO IMPROPER VOLTAGE OR INCORRECT ELECTRICAL LINE VOLTAGE, VIRUSES, MALWARE, RECKLESS, WILLFUL, OR INTENTIONAL CONDUCT.
- SERVICING NOT AUTHORIZED BY ACER FOR DAMAGES CAUSED; DAMAGES CAUSED BY USAGE THAT IS NOT IN ACCORDANCE WITH PRODUCT INSTRUCTIONS OR USER MANUALS, FAILURE TO FOLLOW THE PRODUCT INSTRUCTIONS OR USER MANUALS OR FAILURE TO PERFORM CLEANING OR PREVENTIVE MAINTENANCE.
- DAMAGE CAUSED BY A PRODUCT OR PART THAT HAS BEEN MODIFIED TO ALTER FUNCTIONALITY OR CAPABILITY WITHOUT THE WRITTEN PERMISSION OF ACER.
- DAMAGES CAUSED BY THE COMBINATION OF ACER BRANDED PRODUCTS WITH OTHER NON-ACER BRANDED PRODUCTS, ACCESSORIES, PARTS OR COMPONENTS (INCLUDING SIMS CARDS OR MEMORY CARDS) OR USE OF PRODUCTS, EQUIPMENT, SYSTEMS, UTILITIES, SERVICES, PARTS, SUPPLIES, ACCESSORIES, APPLICATIONS, INSTALLATIONS, REPAIRS, EXTERNAL WIRING OR CONNECTORS NOT SUPPLIED OR AUTHORIZED BY ACER WHICH DAMAGE THIS PRODUCT OR RESULT IN SERVICE PROBLEMS.
- SIGNAL ISSUES, RECEPTION PROBLEMS, AND DISTORTION RELATED TO NOISE, ECHO, INTERFERENCE OR OTHER SIGNAL TRANSMISSION AND DELIVERY PROBLEMS;
- RESULTS OF NORMAL USAGE, SUCH AS GRADUAL IMAGE DEGRADATION, UNEVEN SCREEN AGING, BURNED-IN IMAGES AND PIXEL FAILURE WITHIN DESIGNED. Rev 0914 PN:46.AD148.0083 SPECIFICATIONS OR THAT DO NOT MATERIALLY ALTER THE PRODUCTS FUNCTIONALITY.
- UNINTERRUPTED OR ERROR-FREE OPERATION OF THE PRODUCT;
- SOFTWARE, INCLUDING THE OPERATING SYSTEM AND SOFTWARE ADDED TO YOUR PRODUCT THROUGH OUR FACTORY-INTEGRATION SYSTEM, THIRD-PARTY SOFTWARE, OR THE RELOADING OF SOFTWARE;
- ANY EQUIPMENT OR COMPONENTS THAT WERE NOT INCLUDED IN YOUR PRODUCT AS ORIGINALLY SOLD TO YOU;
- LOSS OF DATA;
- NORMAL WEAR AND TEAR;
- MINOR IMPERFECTIONS THAT MEET DESIGN SPECIFICATIONS;
- COSMETIC DAMAGE OR EXTERIOR FINISH THAT DOES NOT AFFECT FUNCTIONALITY INCLUDING BUT NOT LIMITED TO SCRATCHED OR CRACKED DISPLAYS;
- PRODUCTS WHERE THE ACER SERIAL NUMBER IS MISSING, ALTERED OR DEFACED;
- EXTERNAL SPEAKERS, KEYBOARDS, AND MICE;
- WIRELESS DATA SERVICES PROVIDED BY THIRD PARTY PROVIDERS;
- DAMAGE CAUSED AS A RESULT OF IMPROPER TRANSPORTATION OR PACKING/PACKAGING WHEN RETURNING THE PRODUCT TO ACER OR AN ACER AUTHORIZED SERVICE PROVIDER;
- A PRODUCT THAT REQUIRES MODIFICATION OR ADAPTATION TO ENABLE IT TO OPERATE IN ANY COUNTRY OTHER THAN THE COUNTRY FOR WHICH IT WAS DESIGNED, MANUFACTURED, APPROVED AND/OR AUTHORIZED, OR REPAIR OF PRODUCTS DAMAGED BY THESE MODIFICATIONS.
ANY WARRANTY APPLICABLE TO SOFTWARE, INCLUDING OPERATING SYSTEMS, OR NON-ACER BRANDED PRODUCTS IS PROVIDED BY THE ORIGINAL MANUFACTURER.
Registration of your Product helps Acer better serve You. Acer encourages You to register your Product within thirty (30) days of the original purchase in order to receive prompt service and support coverage should You need it. To register to go to http://www.acersupport.com and choose “Register Your System.” In accordance with applicable law, Acer may require that You furnish proof of purchase details and/or comply with registration requirements before receiving warranty service.
6. Instructions for Obtaining Warranty Service.
For specific instructions on how to obtain warranty service for your Product, please refer to the Warranty Reference Table contained in this booklet and go to http://www.acersupport.com
To obtain warranty service:
- You must assist Acer in diagnosing issues with your Product and follow Acer’s warranty processes.
- You must obtain warranty service from Acer or an Acer Authorized Service Center. Acer will not reimburse You for service performed by others.
- If Acer decides that You need a replacement part(s) or replacement Product, Acer may require a credit card authorization or other security to receive replacement part(s) or Product and may require You to pay the cost of shipping the replacement part(s) or Product to You Rev 0914 PN: 46.AD148.0084 and the cost of returning the defective part or Product to Acer. Acer will then authorize shipment of the required part(s) or Product to You.
- You may be required to deliver and retrieve your Product to and from Acer or an Acer Authorized Service Center at your expense. When sending a Product to Acer or the Acer Authorized Service Center, You must deliver the Product, freight prepaid, in either its original packaging or packaging affording an equal degree of protection. You are responsible for properly packaging your Product, paying all shipping costs, insurance costs, loss or damage to the Product during shipping, and any other taxes, fees, duties or charges associated with transporting the Product to Acer or an Acer Authorized Service Center. YOU ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR ACER PRODUCT DURING SHIPMENT TO ACER OR AN ACER AUTHORIZED SERVICE CENTER.
- Before providing your Product to Acer or an Acer Authorized Service Center for service, remove any confidential, proprietary or personal information, and removable media, such as disks, CDs, or PC Cards.
- If Acer asks You to return defective parts or Products, You must do so within 15 days after You receive the replacement parts or Products. If You fail to return the replacement part(s) or Product as instructed, Acer will charge the credit card for the authorized amount. All exchanged parts and Products replaced under this Agreement will become the property of
IT IS YOUR RESPONSIBILITY TO BACK UP THE CONTENTS OF YOUR HARD DRIVE BEFORE SERVICES ARE PERFORMED AND REMOVE ANY DATA FROM PARTS OR PRODUCTS RETURNED TO ACER OR AN ACER AUTHORIZED SERVICE CENTER, INCLUDING ANY DATA YOU HAVE STORED OR SOFTWARE YOU HAVE INSTALLED ON THE HARD DRIVE.
It is possible that the contents of your hard drive will be lost or reformatted in the course of service and Acer will not be responsible for any damage to or loss of any programs, data, or other information stored on any media or any part of any Product serviced.
IF DURING THE REPAIR OF THE PRODUCT THE CONTENTS OF THE HARD DRIVE ARE ALTERED, DELETED, OR IN ANY WAY MODIFIED, ACER IS NOT RESPONSIBLE FOR ANY LOSS OF YOUR DATA WHATSOEVER. YOUR PRODUCT WILL BE RETURNED TO YOU CONFIGURED TO THE ORIGINAL FACTORY CONFIGURATION (SUBJECT TO AVAILABILITY OF SOFTWARE).
7. Implied Warranties.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT IS LIMITED IN DURATION TO THE DURATION OF THIS WARRANTY.
Commercial Purchasers: Acer extends the above limited warranty to purchasers of Products for industrial, commercial and business use upon the same terms and conditions and exclusions applicable to consumer purchasers.
HOWEVER, WITH RESPECT TO COMMERCIAL PURCHASERS, ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, ARE EXCLUDED AND DISCLAIMED.
8. Limitation of Liability.
ACER SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY. ACER’S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE YOU PAID FOR PRODUCTS OR SERVICES PLUS INTEREST ALLOWED BY LAW. ACER IS NOT LIABLE TO Rev 0914 PN: 46.AD148.0085 YOU FOR EVENTS BEYOND ACER’S CONTROL, SUCH AS ACTS OF GOD, VIRUSES, PROPERTY DAMAGE, LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, LOST DATA OR OTHER CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, HOWSOEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
Some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages or allow limitations on how long an implied warranty lasts, so the above limitations may not apply to You. This Agreement gives You specific legal rights and You may have other rights which vary from state to state, jurisdiction to jurisdiction or province to province.
9. Binding Arbitration.
[BINDING ARBITRATION PROVISIONS ARE NOT APPLICABLE TO QUEBEC CONSUMERS]
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND ACER WILL BE RESOLVED BY MANDATORY AND BINDING ARBITRATION TO THE FULLEST EXTENT PROVIDED BY LAW. YOU AND ACER THEREFORE GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS AGREEMENT (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT AS FURTHER SET FORTH BELOW IN THIS SECTION 9).
To the fullest extent provided by law, and except as otherwise provided below, You and Acer agree that any Dispute (as further defined below in this Section 9) between You and Acer will be resolved exclusively and finally by binding arbitration administered by the American Arbitration Association (AAA) and conducted in accordance with the AAA’s Supplementary Procedures for Consumer-Related Disputes of the Commercial Arbitration Rules and the Consumer Due Process Protocol. YOUR RIGHTS WILL THEREFORE BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. You and Acer will agree on another arbitration forum, as well as procedures under which the arbitration will be conducted if AAA ceases operations.
The arbitration will be conducted before a single arbitrator and will be limited solely to the Dispute between You and Acer. Arbitration is a process whereby a dispute is submitted to an arbitrator, for a final and binding determination, known as the award. The arbitrator is an individual, similar to a judge, who reviews and weighs evidence provided by both parties, and renders an award enforceable in court. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT. YOU ACKNOWLEDGE THAT, BY WAY OF THIS AGREEMENT, YOU AND ACER WAIVE ALL RIGHTS TO A JURY TRIAL.
The arbitration, or any portion of it, will not be consolidated with any other arbitration and will not be conducted on a class-wide or class-action basis. The arbitration shall be held at any reasonable location near your residence by submission of documents, by telephone, online or in person, whichever method of presentation You choose. Under the AAA Supplementary Procedures for Consumer-Related Dispute and Consumer Due Process Protocol, You retain the right to seek relief in a small claims court for Disputes within the scope of the small claims court’s jurisdiction. The small claims action, or any portion of it, will not be consolidated with any other action and will not be conducted on a class-wide or class-action basis. Rev 0914 PN: 46.AD148.0086 If You prevail in the arbitration of any Dispute with Acer, Acer will reimburse You for any fees You paid to AAA in connection with the arbitration.
ANY DECISION RENDERED IN SUCH ARBITRATION PROCEEDINGS WILL BE FINAL AND BINDING ON THE PARTIES, AND JUDGMENT MAY BE ENTERED THEREON IN ANY COURT OF COMPETENT JURISDICTION.
YOU UNDERSTAND THAT, IN THE ABSENCE OF THIS PROVISION, YOU WOULD HAVE HAD A RIGHT TO LITIGATE DISPUTES THROUGH A COURT, INCLUDING THE RIGHT, IF ANY, AND SUBJECT TO THE RULES OF YOUR JURISDICTION, TO LITIGATE CLAIMS ON A CLASS-WIDE OR CLASS-ACTION BASIS, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREED TO RESOLVE ANY DISPUTES IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. This provision shall be governed by the Federal Arbitration Act, 9 U.S.C. Section 1, et seq. For the purposes of this Agreement, the term “Dispute” means any dispute, controversy, or claim arising out of or relating to
- This Agreement, its interpretation, or the breach, termination, applicability or validity thereof;
- The related order for, purchase, delivery, receipt or use of any product or service from Acer; or
- Any other dispute arising out of or relating to the relationship between You and Acer, its parents, subsidiaries, affiliates, directors, officers, employees, beneficiaries, agents, assigns, component suppliers (both hardware and software), and/ or any a third party who provides products or services purchased from or distributed by Acer. The term “You” means the original purchaser and those in privity with the original purchaser, such as family members or beneficiaries.
Further information may be obtained from the AAA online at www.adr.org, by calling 800-778-7879, or writing to American Arbitration Association, 1633 Broadway, 10th Floor, New York, NY, 10019.
10. Out of Warranty Repairs.
Any services provided to You by Acer that are not within the scope of the Product Limited Warranty or that are not covered by an extended service plan are governed by this Agreement and are otherwise subject to the terms of the Acer out-of-warranty service procedures and any applicable service order. For a period of ninety (90) days after services are performed, Acer warrants that services provided by it were performed in a professional and workmanlike manner.
If your problem recurs within the 90-day service warranty period, Acer will, at its option,
- Re-perform the services,
- Replace the Product pursuant to the terms of this Agreement,
- Permit You to return the Product and issue a refund pursuant to the terms of this Agreement,
- Refund the amount You paid for the services.
If You purchased an extended service plan from Acer or from a third party. Please refer to the extended service plan for its coverage, duration, and terms of service.
Acer and its subsidiaries and affiliates are intended beneficiaries of this Agreement. Any inconsistency between this Agreement and any other agreement included with or relating to products or services purchased from Acer, other than an extended service plan, shall be governed by this Agreement. This Agreement may not be modified, altered or amended without the written agreement of Acer which specifically states that the writing is intended to modify, alter or amend this Agreement. Any additional or altered terms shall be null and void unless expressly agreed to in writing by Acer. If any term of this Agreement is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired.
[The 0914 PN: 46.AD148.0087 of the following provision is not applicable to Quebec consumers]
OUR SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
12. Privacy Notice.
13. For Residents of Canada:
This Agreement is subject to the applicable provisions of Canadian consumer protection laws that cannot be derogated from by private agreement or which may prohibit the application of any provision or stipulation herein. To the extent that any stipulation or provision is so prohibited it:
- Shall be construed as if it had been omitted from this Agreement;
- Will not affect the legality, validity or enforceability of that provision in any other jurisdiction;
- The remaining terms and provisions of this Agreement shall remain in full force and effect.
Without limiting the generality of the foregoing and notwithstanding anything to the contrary contained herein, for residents of Quebec, British Columbia, and Ontario the waiver set out in Section 9 of this warranty does not apply and You retain the right to litigate disputes before a court, including the right, subject to the rules of your jurisdiction, to litigate claims on a class-action basis.
14. International Support:
You must comply with all applicable export laws and regulations. If You export the product from the United States or Canada. Acer does not accept for return any products purchased from a reseller. Customers outside the United States are responsible for paying all freight and brokerage charges incurred in shipping, importing/exporting. And also receiving replacement products, parts and for arranging, paying for the shipment of any defective part(s) back to Acer. All international customers are responsible for all customs duties, VAT, GST and other associated taxes and charges.
Please send correspondence about this Agreement to:
Acer Customer Service
P.O. Box 6137
Temple, TX 76503