Extended Warranty Terms & Conditions
DupliM Extended Warranty Plan
How Consumer Rights Affect this Plan
FOR CONSUMERS IN JURISDICTIONS WHO HAVE THE BENEFIT OF CONSUMER PROTECTION LAWS OR REGULATIONS, THE BENEFITS CONFERRED BY THE ABOVE MENTIONED PLANS ARE IN ADDITION TO ALL RIGHTS AND REMEDIES PROVIDED UNDER SUCH LAWS AND REGULATIONS. NOTHING IN THIS PLAN SHALL PREJUDICE CONSUMER RIGHTS GRANTED BY APPLICABLE MANDATORY LAWS, INCLUDING CONSUMER'S RIGHT TO THE REMEDIES UNDER STATUTORY WARRANTY LAW AND TO SEEK DAMAGES IN THE EVENT OF TOTAL OR PARTIAL NON-PERFORMANCE OR INADEQUATE PERFORMANCE BY DUPLIM OF ANY OF ITS CONTRACTUAL OBLIGATIONS.
1. The Plan.
This service contract governs the hardware services and technical support provided to you by DupliM under the above-mentioned plans (each referred to herein as the "Plan") for the DupliM-branded product and the accessories contained in its original packaging ("Covered Equipment") listed on your proof of coverage document ("Plan Confirmation").
2. When Coverage Begins and Ends
Coverage begins when the Standard Limited Warranty expires and ends on the date specified in your Plan Confirmation ("Coverage Period"). For new products, coverage begins one year after the date of purchase, when the Standard 1-Year Limited Warranty expires. For Factory Certified Refurbished products, coverage begins 90 days after the date of purchase, when the Standard 90-Day Limited Warranty expires. The terms of this Plan, the original sales receipt for your Plan and the Plan Confirmation are each part of your service contract. The price of the Plan is contained in the original sales receipt.
3. Extended Warranty Terms
The Plan covers defects encountered in normal use of the product and does not apply to damage from improper use, abuse, accidents, unauthorized service, or inadequate packaging when shipping the Covered Equipment to DupliM. DupliM provides you the following limited warranty for the Covered Equipment only if the Covered Equipment was originally purchased for use, not resale, from DupliM, a DupliM-authorized dealer or distributor, or any other DupliM-approved reseller for this product. This product is warranted to be free from defects in workmanship and material for the Coverage Period. If the Covered Equipment fails during normal and proper use within the Coverage Period, DupliM will, at its option, repair or replace the Covered Equipment at no cost (except shipping and insurance). This limited warranty does not include service to repair damage from improper installation, accident, disaster, misuse, abuse or modifications to the Covered Equipment or by any other causes unrelated to defective materials or workmanship.
You should note: THIS PLAN IS VALID ONLY WITHIN THE UNITED STATES AND PUERTO RICO, AND APPLIES ONLY TO PRODUCTS THAT ARE NEW AND UNOPENED ON THE DATE OF PURCHASE OR THAT ARE DUPLIM CERTIFIED FACTORY REFURBISHED. YOUR SOLE REMEDY SHALL BE REPAIR OR REPLACEMENT WITH NEW OR REFURBISHED COMPONENTS AS PROVIDED IN THIS PLAN. DUPLIM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA OR LOSS OF PROFITS OR BUSINESS, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY RESULTING FROM ANY DEFECT IN, OR USE OF, THIS COVERED EQUIPMENT (EVEN IF DUPLIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN ANY EVENT, THE LIABILITY OF DUPLIM UNDER THIS PLAN FOR DAMAGES TO YOU OR ANY THIRD PARTY, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, SHALL NOT EXCEED THE PURCHASE PRICE YOU PAID FOR THIS COVERED EQUIPMENT. FOR CONSUMERS IN JURISDICTIONS WHO HAVE THE BENEFIT OF CONSUMER PROTECTION LAWS OR REGULATIONS, THE BENEFITS CONFERRED BY THIS PLAN ARE IN ADDITION TO ALL RIGHTS AND REMEDIES PROVIDED UNDER SUCH LAWS AND REGULATIONS. TO THE EXTENT THAT LIABILITY UNDER SUCH LAWS AND REGULATIONS MAY BE LIMITED, DUPLIM'S LIABILITY IS LIMITED, AT ITS SOLE OPTION, TO REPLACE OR REPAIR OF THE COVERED EQUIPMENT OR SUPPLY OF THE SERVICE. SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
To obtain warranty service: You must ship your product to DupliM within the Coverage Period and no later than thirty days after discovery of claimed defect, whichever occurs first. In either case, you must contact DupliM Support and provide your Plan Confirmation and original proof of purchase before shipping your product to DupliM and before any Plan service can be performed. Products and parts provided as a result of Plan service may be other than new but will be in good working order and become your property at the time of exchange. At the same time, the exchanged products or parts become the property of DupliM. When shipping the product for service, you agree to insure the product, to prepay shipping charges, and to use the original shipping container or equivalent. Any service outside the scope of this limited Plan shall be at DupliM's or its Authorized Service Provider's rates and terms then in effect. This Plan gives you specific legal rights; you may also have other rights which vary from state to state.
4. Your Responsibilities
To receive service or support under the Plan, you agree to comply with the following:
(i) Provide your Plan Confirmation and a copy of your Plan's original proof of purchase, if requested;
(ii) Provide information about the symptoms and causes of the issues with the Covered Equipment;
(iii) Respond to requests for information, including but not limited to the Covered Equipment serial number, model, version of the operating system and software installed, any error messages displayed, actions taken before the Covered Equipment experienced the issue and steps taken to resolve the issue;
(iv) Follow instructions DupliM gives you, including but not limited to refraining from sending DupliM products and accessories that are not subject to repair or replacement service and packing the Covered Equipment in accordance with shipping instructions;
Unless applicable local law provides otherwise, DupliM may cancel this Plan for fraud or material misrepresentation. Unless applicable local law provides otherwise, DupliM may also cancel this Plan if service parts for the Covered Equipment are not available, upon thirty (30) days prior written notice. If DupliM cancels this Plan for the unavailability of service parts, you will receive a pro-rata refund for the Plan's unexpired term. Upon the effective date of your early cancellation, DupliM's future obligations under this Plan to you are fully extinguished.
6. Transfer of Plan
With Transfer of Covered Equipment to New Owner. Subject to the restrictions set forth below, you may make a one-time permanent transfer of all of your rights under the Plan to another party, provided that: (a) the transfer includes the original Proof of Purchase, the Plan's Confirmation and all of the Plan's packaging material, including printed materials and these Terms and Conditions; (b) you notify DupliM of the transfer by sending, faxing or e-mailing notice of transfer to DupliM Inc., ATTN: Extended Warranty Transfer, 21722 Lassen Street, Chatsworth, CA 91311, U.S., fax number (818) 721-4069 or firstname.lastname@example.org, respectively; and (c) the party receiving the Plan accepts the Terms and Conditions of the Plan. When notifying DupliM of the transfer of the Plan, you must provide the Plan Agreement Number, the serial number of the Covered Equipment being transferred and the name, address, telephone number and email address of the new owner.
(i) DupliM may subcontract or assign performance of its obligations to third parties but shall not be relieved of its obligations to you in doing so.
(ii) DupliM is not responsible for any failures or delays in performing under the Plan that are due to events outside Aleratec's reasonable control.
(iii) You agree that any information or data disclosed to DupliM under this Plan is not confidential or proprietary to you. Furthermore, you agree that DupliM may collect and process data on your behalf when it provides service. This may include transferring your data to affiliated companies or service providers located in countries where data protection laws may be less comprehensive than your country of residence, including but not limited to Australia, Canada, countries of the European Union, India, Japan, the People's Republic of China and the U.S.
(iv) The terms of the Plan, including the original sales receipt of the Plan and the Plan Confirmation, prevail over any conflicting, additional, or other terms of any purchase order or other document, and constitute your and DupliM's entire understanding with respect to the Plan.
(v) Except where prohibited by law, the laws of the State of California govern Plans purchased in the United States.
(vi) Support services under this Plan may be available in English only.
DupliM live telephone support is available Monday through Friday, during our normal business hours. Our current hours of operation are 8:00 AM to 5:00 PM, Pacific Time (GMT -08:00). Technical Support Phone: +1 (818) 678-0484 Technical Support Fax: +1 (818) 721-4069 Technical Support E-mail: email@example.com