Epson ET-8550 Warranty Statement for U.S. and Canada - Page 2

Right To A Judge Or Jury In A Court Proceeding And Your Right To, D. Disputes

Get Epson ET-8550 PDF manuals and user guides View all Epson ET-8550 manuals
Add to My Manuals
Save this manual to your list of manuals

Page 2 highlights

6. Ink bottles, ink supply units, ink packs, or other items identified as consumables in the online User's Guide. 7. Damage to the unit caused by incorrectly loading ink into the product or loading the incorrect color/ black ink or ink type into the product. 8. Damage to the unit or other property by incorrect handling of the ink bottles, ink supply units, or ink packs. 9. Damage caused by third-party parts, components, or peripheral devices added to the Epson product after its shipment from Epson, e.g., dealer or user-added boards or components. 10.Warranty service if the Epson label or logo or the rating label or serial number is removed. 11.Any cosmetic damage or wear to printer casings or covers. 12.Any damage caused by misuse, abuse, improper installation, or neglect; disasters such as fire, flood, or lightning; or improper electrical currents, software, or interaction with non-Epson products. 13.Any damage caused by using improper packaging materials or improper packing and shipping when returning a product for repair or replacement. You will be invoiced for such shipping damages to the product. If a claimed defect cannot be identified or reproduced, you will be held responsible for the costs incurred. This warranty is not transferable. D. DISPUTES, BINDING INDIVIDUAL ARBITRATION, AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS: 1. Disputes. The terms of this Section D shall apply to all Disputes between you and Epson. The term "Dispute" is meant to have the broadest meaning permissible under law or in equity and includes any dispute, claim, controversy, or action between you and Epson arising out of or relating to this Agreement (including its formation, performance, or breach), the Software, Epson Hardware, the parties' relationship with each other, and/or any other transaction involving you and Epson, whether in contract, or with respect to warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis. However, a "Dispute" does not include a claim or cause of action for (a) trademark infringement or dilution, (b) patent infringement, (c) copyright infringement or misuse, or (d) trade secret misappropriation (an "IP Claim"). You and Epson also agree, notwithstanding Section D, that a court, not an arbitrator, may decide if a claim or cause of action is for an IP Claim. 2. Initial Dispute Resolution. Before submitting a claim for arbitration in accordance with this Section D, you and Epson agree to try, for sixty (60) days, to resolve any Dispute informally. If Epson and you do not reach an agreement to resolve the Dispute within the sixty (60) days, you or Epson may commence an arbitration in accordance with Section D(6). Notice to Epson must be addressed to: Epson America, Inc., ATTN: Legal Department, 3131 Katella Ave., Los Alamitos, CA 90720. Any notice of the Dispute shall include the sender's name, address and contact information, the facts giving rise to the Dispute, and the relief requested. Any notice sent to you will be sent to the most recent address Epson has in its records for you. For this reason, it is important to notify us if your address changes by emailing us at [email protected] or writing us at the address above. You and Epson agree to act in good faith to resolve the Dispute before commencing arbitration in accordance with this Section D(2). 3. Binding Arbitration. If we do not reach an agreed upon solution within a period of sixty (60) days from the time informal dispute resolution is pursued pursuant to Section D(2) above, then either party may initiate binding arbitration. You and Epson agree that all Disputes shall be resolved by binding arbitration according to this Agreement. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR RIGHT TO DISCOVERY AND GROUNDS FOR APPEAL ARE MORE LIMITED THAN IN COURT. Pursuant to this Agreement, binding arbitration shall be administered by JAMS, a nationally recognized arbitration provider, pursuant to the JAMS Streamlined Arbitration Rules and Procedures or its applicable code of procedures then in effect for consumer related disputes, but excluding any rules that permit class arbitration (for more detail on procedure, see Section D(6) below). You and Epson understand and agree that (a) the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) governs the interpretation and enforcement of this Section D, (b) this Agreement memorializes a transaction in interstate commerce, and (c) this Section D shall survive termination of this Agreement. 2

  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
  • 10
  • 11
  • 12
2
6.
Ink bottles, ink supply units, ink packs, or other items identified as consumables in the online
User’s
Guide
.
7.
Damage to the unit caused by incorrectly loading ink into the product or loading the incorrect color/
black ink or ink type into the product.
8.
Damage to the unit or other property by incorrect handling of the ink bottles, ink supply units, or ink
packs.
9.
Damage caused by third-party parts, components, or peripheral devices added to the Epson product
after its shipment from Epson, e.g., dealer or user-added boards or components.
10.
Warranty service if the Epson label or logo or the rating label or serial number is removed.
11.
Any cosmetic damage or wear to printer casings or covers.
12.
Any damage caused by misuse, abuse, improper installation, or neglect; disasters such as fire, flood, or
lightning; or improper electrical currents, software, or interaction with non-Epson products.
13.
Any damage caused by using improper packaging materials or improper packing and shipping when
returning a product for repair or replacement. You will be invoiced for such shipping damages to the
product.
If a claimed defect cannot be identified or reproduced, you will be held responsible for the costs incurred.
This warranty is not transferable.
D. DISPUTES, BINDING INDIVIDUAL ARBITRATION, AND WAIVER OF CLASS ACTIONS AND
CLASS ARBITRATIONS:
1. Disputes.
The terms of this Section D shall apply to all Disputes between you and Epson. The term
“Dispute” is meant to have the broadest meaning permissible under law or in equity and includes any
dispute, claim, controversy, or action between you and Epson arising out of or relating to this Agreement
(including its formation, performance, or breach), the Software, Epson Hardware, the parties’
relationship with each other, and/or any other transaction involving you and Epson, whether in
contract, or with respect to warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation,
ordinance, or any other legal or equitable basis. However, a “Dispute” does not include a claim or cause
of action for (a) trademark infringement or dilution, (b) patent infringement, (c) copyright infringement
or misuse, or (d) trade secret misappropriation (an “IP Claim”). You and Epson also agree,
notwithstanding Section D, that a court, not an arbitrator, may decide if a claim or cause of action is for
an IP Claim.
2.
Initial Dispute Resolution.
Before submitting a claim for arbitration in accordance with this Section D,
you and Epson agree to try, for sixty (60) days, to resolve any Dispute informally. If Epson and you do
not reach an agreement to resolve the Dispute within the sixty (60) days, you or Epson may commence
an arbitration in accordance with Section D(6). Notice to Epson must be addressed to: Epson America,
Inc., ATTN: Legal Department, 3131 Katella Ave., Los Alamitos, CA 90720. Any notice of the Dispute
shall include the sender’s name, address and contact information, the facts giving rise to the Dispute, and
the relief requested. Any notice sent to you will be sent to the most recent address Epson has in its
records for you. For this reason, it is important to notify us if your address changes by emailing us at
[email protected] or writing us at the address above. You and Epson agree to act in good faith to
resolve the Dispute before commencing arbitration in accordance with this Section D(2).
3.
Binding Arbitration.
If we do not reach an agreed upon solution within a period of sixty (60) days from
the time informal dispute resolution is pursued pursuant to Section D(2) above, then either party may
initiate binding arbitration. You and Epson agree that all Disputes shall be resolved by binding
arbitration according to this Agreement.
ARBITRATION MEANS THAT YOU WAIVE YOUR
RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR RIGHT TO
DISCOVERY AND GROUNDS FOR APPEAL ARE MORE LIMITED THAN IN COURT.
Pursuant to this Agreement, binding arbitration shall be administered by JAMS, a nationally recognized
arbitration provider, pursuant to the JAMS Streamlined Arbitration Rules and Procedures or its
applicable code of procedures then in effect for consumer related disputes, but excluding any rules that
permit class arbitration (for more detail on procedure, see Section D(6) below). You and Epson
understand and agree that (a) the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) governs the
interpretation and enforcement of this Section D, (b) this Agreement memorializes a transaction in
interstate commerce, and (c) this Section D shall survive termination of this Agreement.