Epson Moverio BT-35ES Warranty - Moverio Intelligent Controller

Epson America, Inc. Limited Warranty

2-Year Moverio

®

Intelligent Controller Limited Warranty Terms and

Conditions

A.

What Is Covered:

Epson America, Inc. (“Epson”) warrants to the original

purchaser of the Epson

®

product enclosed with this limited warranty

statement that the product, if purchased new and operated in the United

States, Canada, or Puerto Rico, will conform to the manufacturer’s

specifications, and will be free from defects in workmanship and materials

for a period of two (2) years from the date of original purchase. This

warranty is not transferable.

B.

What Epson Will Do To Correct Problems:

Should your hardware

product prove defective during the limited warranty period, please call

Epson at the number at end of this statement. An Epson service technician

will answer during Epson’s regular support hours (currently 6:00

AM

to

8:00

PM

, Pacific Time, Monday through Friday, and 7:00

AM

to 4:00

PM

on Saturdays—subject to change without notice), and provide telephone

diagnostics to determine whether the product requires service. When you

call, please be prepared to provide the unit serial number and original date

of purchase. You may also need to provide proof of purchase if the

technician cannot verify warranty coverage using the serial number. If

warranty service is required, Epson will replace the defective unit without

charge for parts or labor. If Epson authorizes an exchange for the defective

unit, we will ship a replacement product to you, freight prepaid, so long as

you use an address in the United States, Canada, or Puerto Rico. The

replacement unit will use Epson standard configurations and, if applicable,

default operating systems settings. Your data and applications cannot be

restored and should be backed up by you before you return the defective

unit. The replacement product may be new or refurbished to the Epson

standard of quality. You are responsible for securely packaging the defective

unit and returning it to Epson within five (5) working days of receipt of the

replacement. Epson requires a debit or credit card number to secure the

cost of the replacement product in the event you fail to return the defective

one. When warranty service involves the exchange of the product or of a

part, the item replaced becomes Epson property. If Epson cannot provide

service on your product for any reason and no longer sells the same model,

we will replace your product with a model of equal or superior value.

Replacement products or parts assume the remaining warranty period of

the original product.

C.

What This Warranty Does Not Cover:

1.

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

2.

Any damage caused by or any service for third-party software,

applications, parts, components, or peripheral devices added to the

product after its shipment from Epson, such as dealer- or user-added

boards, components, or cables

3.

Damage due to excessive, continual usage

4.

Damage caused by failure to properly maintain the product (see your

User’s Guide

for details)

5.

Service when the product is used outside the U.S., Canada, or

Puerto Rico

6.

Warranty service if the product label, logo, rating label, or serial

number has been removed

7.

Consumables or any items that are identified as being replaceable by

the user in the product documentation (see your

User’s Guide

for

details)

8.

Loss of data

9.

Any damage from service performed by anyone other than an Epson

Authorized Servicer

10.

Damage resulting from operation or storage in areas with smoke, oil,

high humidity, steam, corrosive gases or chemicals, excessive dust,

vibration, or shock

11.

Cosmetic damage caused by handling or normal wear and tear during

use

12.

Any product or parts purchased as used, refurbished, or reconditioned

13.

Any damage caused by using improper packaging materials or improper

packaging and shipping when returning a product for repair or

replacement. You will be invoiced for such shipping damage to product.

Postage, insurance, or shipping costs incurred in presenting your Epson

product for carry-in warranty service are your responsibility. If a

claimed defect cannot be identified or reproduced in service, you will

be held responsible for costs incurred.

D. DISCLAIMER OF WARRANTIES:

EPSON’S SOLE AND

EXCLUSIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR

BREACH OF WARRANTY SHALL BE LIMITED TO EITHER, AT

EPSON’S OPTION, REPAIR OR REPLACEMENT AS SET FORTH

ABOVE. THE WARRANTY AND REMEDY PROVIDED ARE

EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESSED OR

IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO,

THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS

FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

SOME LAWS DO NOT ALLOW THE EXCLUSION OF IMPLIED

WARRANTIES. IF THESE LAWS APPLY, THEN ALL EXPRESS AND

IMPLIED WARRANTIES ARE LIMITED TO THE WARRANTY

PERIOD IDENTIFIED ABOVE. UNLESS STATED HEREIN, ANY

STATEMENTS OR REPRESENTATION MADE BY ANY OTHER

PERSON OR FIRM ARE VOID. SOME STATES DO NOT ALLOW

LIMITATIONS ON HOW LONG IMPLIED WARRANTIES LAST,

SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

E.

EXCLUSION OF DAMAGES; EPSON’S MAXIMUM LIABILITY:

IN

NO EVENT SHALL EPSON OR ITS AFFILIATES BE LIABLE FOR

ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES

OR ANY LOST PROFITS, COST OF SUBSTITUTE EQUIPMENT,

DOWNTIME, CLAIMS OF THIRD PARTIES, INCLUDING

CUSTOMERS, OR INJURY TO PROPERTY, RESULTING FROM

THE USE OR INABILITY TO USE THE EPSON PRODUCT,

WHETHER RESULTING FROM BREACH OF WARRANTY OR

ANY OTHER LEGAL THEORY. IN NO EVENT SHALL EPSON OR

ITS AFFILIATES BE LIABLE FOR DAMAGES OF ANY KIND IN

EXCESS OF THE ORIGINAL RETAIL PURCHASE PRICE OF THE

PRODUCT. SOME STATES DO NOT ALLOW EXCLUSION OR

LIMITATION OF INCIDENTAL OR CONSEQUENTIAL

DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO

YOU.

F.

DISPUTES, BINDING INDIVIDUAL ARBITRATION, AND

WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS:

1. Disputes.

The terms of this Section F 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 F, 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 F, 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

F(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 F(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 F(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

F(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 F, (b) this Agreement memorializes a

transaction in interstate commerce, and (c) this Section F shall survive

termination of this Agreement.

4.

Exception—Small Claims Court.

Notwithstanding the parties’

agreement to resolve disputes through arbitration, you or we may bring

an individual action in the small claims court of your state or

municipality if the action is within that court’s jurisdiction and is

pending only in that court.

5.

WAIVER OF CLASS ACTION AND CLASS ARBITRATION.

YOU AND EPSON AGREE THAT EACH PARTY MAY BRING

DISPUTES AGAINST THE OTHER PARTY ONLY IN AN

INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION OR

CLASS ARBITRATION. If any court or arbitrator determines that

the class action waiver set forth in this paragraph is void or

unenforceable for any reason or that an arbitration can proceed on a

class basis, then the arbitration provision set forth herein shall be

deemed null and void in its entirety and the parties shall be deemed to

have not agreed to arbitrate disputes.

6.

Arbitration Procedure.

If you or Epson commences arbitration, the

arbitration shall be governed by the JAMS Streamlined Arbitration

Rules and Procedures or the applicable rules of JAMS that are in effect

when the arbitration is filed, excluding any rules that permit arbitration

on a class-wide basis (the “JAMS Rules”), available at

http://www.jamsadr.com or by calling 1-800-352-5267, and under the

rules set forth in this Agreement. All Disputes shall be resolved by a

single neutral arbitrator, which shall be selected in accordance with the

JAMS Streamlined Arbitration Rules and Procedures, and both parties

shall have a reasonable opportunity to participate in the selection of the

arbitrator. The arbitrator is bound by the terms of this Agreement. The

arbitrator, and not any federal, state, or local court or agency, shall have

exclusive authority to resolve all disputes arising out of or relating to the

interpretation, applicability, enforceability, or formation of this

Agreement, including any claim that all or any part of this Agreement is

void or voidable. Notwithstanding this broad delegation of authority to

the arbitrator, a court may determine the limited question of whether a

claim or cause of action is for an IP Claim, which is excluded from the

definition of “Disputes” in Section F(1) above. The arbitrator shall be

empowered to grant whatever relief would be available in a court under

law or in equity. In some instances, the costs of arbitration can exceed

the costs of litigation, and the right to discovery may be more limited in

arbitration than in court. Each party will have the right to use legal

counsel in connection with arbitration at its own expense. The

arbitrator’s award is binding and may be entered as a judgment in any

court of competent jurisdiction. You may choose to engage in

arbitration hearings by telephone or, if you and we both agree, to

conduct it online, in lieu of appearing live. Arbitration hearings not

conducted by telephone or online shall take place in a location

reasonably accessible from your primary residence, or in Orange

County, California, at your option.

a.

Initiation of Arbitration Proceeding. If either you or Epson decides

to arbitrate a Dispute, both parties agree to the following procedure:

i.

Write a Demand for Arbitration. The demand must include a

description of the Dispute and the amount of damages sought to

be recovered. You can find a copy of a Demand for Arbitration

at http://www.jamsadr.com (“Demand for Arbitration”).

ii.

Send three (3) copies of the Demand for Arbitration, plus the

appropriate filing fee, to: JAMS, 500 North State College Blvd.,

Suite 600, Orange, CA 92868, U.S.A.

iii.

Send one (1) copy of the Demand for Arbitration to the other

party (at the same address as the notice of a dispute, above in

Section F(2)), or as otherwise agreed by the parties.

b.

Hearing Format. During the arbitration, the amount of any

settlement offer made shall not be disclosed to the arbitrator until

after the arbitrator determines the amount, if any, to which you or

Epson is entitled. The discovery or exchange of non-privileged

information relevant to the Dispute may be allowed during the

arbitration.

7.

30 Day Opt-out Right. You may elect to opt-out (exclude yourself)

from the final, binding, individual arbitration procedure and waiver

of class proceedings set forth in Section F of this Agreement by

sending a written letter to the Epson address listed above in Section

F(2) within thirty (30) days of your assent to this Agreement that

specifies (i) your name, (ii) your mailing address, and (iii) your

request to be excluded from the final, binding, individual arbitration

procedure and waiver of class proceedings specified in this Section F.

In the event that you opt-out consistent with the procedure set forth

above, all other terms set forth in the Agreement shall continue to

apply, including the requirement to provide notice prior to litigation.

If you opt-out of these arbitration provisions, Epson will also not be

bound by them.

8.

Amendments to Section F.

Notwithstanding any provision in this

Agreement to the contrary, you and Epson agree that if Epson makes

any future amendments to the dispute resolution procedure and class

action waiver provisions (other than a change to Epson’s address) in this

Agreement, Epson will obtain your affirmative assent to the applicable

amendment. If you do not affirmatively assent to the applicable

amendment, you are agreeing that you will arbitrate any Dispute

between the parties in accordance with the language of this Section F

(or resolve disputes as provided for in Section F(7), if you timely elected

to opt-out when you first assented to this Agreement).

9. Severability.

If any provision in this Section F is found to be

unenforceable, that provision shall be severed with the remainder of this

Agreement remaining in full force and effect.

The foregoing shall not

apply to the prohibition against class actions as provided in Section

F(5). This means that if Section F(5) is found to be unenforceable,

the entire Section F (but only Section F) shall be null and void.

G. Other Provisions:

1.

Other Rights You May Have: The Epson Limited Warranty Program

gives you specific legal rights, and you may also have other rights,

which vary from jurisdiction to jurisdiction. Some jurisdictions do not

allow the exclusion or limitation of incidental or consequential

damages, so the above limitations or exclusions may not apply to you.

2.

Governing Law: Except for claims subject to arbitration pursuant to

Section F, you and Epson agree that the law of the state or country

where you reside shall govern.

3.

Jurisdiction: Except for claims subject to arbitration pursuant to

Section F, in the event of a dispute you and Epson both consent to the

jurisdiction of the courts in your state of residence or, if you do not

reside in a state, then of the courts in Orange County, California.

To find the Epson Authorized Reseller nearest you, please visit

www.epson.com in the U.S. or www.epson.ca in Canada.

To find the Epson Customer Care Center nearest you, please visit

www.epson.com/servicecenterlocator in the U.S. or

www.epson.ca/servicecenterlocator in Canada.

To contact the Epson Connection

SM

, please call (800) 637-7661, or

(562) 276-4394 in the U.S. and (905) 709-3839 in Canada.

Garantie limitée d’ Epson America, Inc.

Modalités de la garantie limitée de deux ans sur le contrôleur intelligent

Moverio

®

A.

Ce qui est couvert :

Epson America, Inc. (« Epson ») garantit à l’acheteur

initial du produit Epson

®

couvert par la présente garantie limitée que si le

produit est acheté neuf et utilisé seulement au Canada, aux États-Unis ou à

Porto Rico, il sera conforme aux spécifications du fabricant et exempt de

défauts de fabrication et de vices de matériau pendant une durée de deux

(2) ans, à compter de la date d’achat d’origine. La présente garantie est

incessible.

B.

Comment Epson corrigera les problèmes :

Si votre matériel doit être

réparé durant la période où il est couvert par la garantie limitée, veuillez

appeler Epson au numéro inscrit à la fin de la présente déclaration. Un

technicien Epson répondra aux appels durant les heures normales de

soutien (actuellement du lundi au vendredi de 6 h à 20 h, heure du

Pacifique, et le samedi de 7 h à 16 h—les heures peuvent changer sans

préavis) et fournira un diagnostic au téléphone pour déterminer si le

produit exige une intervention. Au moment de votre appel, assurez-vous

d’avoir en main le numéro de série du produit et la date d’achat d’origine.

Si le technicien ne parvient pas à confirmer la garantie au moyen du

numéro de série, vous pourriez devoir fournir la preuve d’achat. Si une

Epson Moverio BT-35ES Warranty - Moverio Intelligent Controller

Epson Moverio BT-35ES Manual

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