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ACER LIMITED WARRANTY AGREEMENT
Warranty Length/Type
1 Year Limited: Parts & Labor, Mail In or Carry In
Hardware Technical Support 1 Year
Software Support
90 days
Service Website
http://www.acersupport.com
Service Phone Number
866-695-2237 (United States)
866-706-2237 (Canada)
[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 9 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. This limited warranty 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 Product model, applications running, power management settings,
• 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;
• DAMAGES CAUSED BY SERVICING NOT AUTHORIZED BY ACER;
• 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 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;
and Product features. The Limited Warranty 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; or (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 You.
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 Product, Acer will assist the original purchaser with (i)
installation of any operating system software purchased from Acer; (ii) configuration
of the operating system software; (iii) setup of the operating system software; and (iv)
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;
• 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.
5. Registration. 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
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 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 Acer.
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.
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.
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 (i) this Agreement, its interpretation,
or the breach, termination, applicability or validity thereof; (ii) the related order for,
purchase, delivery, receipt or use of any product or service from Acer; or (iii) 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 third party who
provides products or services purchased from or distributed by Acer. The term "You"
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 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
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 on line 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, (i) re-perform the services, (ii) replace the Product pursuant to the terms of
this Agreement, (iii) permit You to return the Product and issue a refund pursuant to
the terms of this Agreement, (iv) 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.
11. General. 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
exclusivity of the following provision is not applicable to Quebec consumers] THIS
AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF
THE STATE OF TEXAS, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
12. Privacy Notice. You can review Acer's Privacy Policy on our web site, located at
http://www.acerpanam.com. Acer will maintain and use your customer information in
accordance with its Privacy Policy.
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.
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