Extended Warranty Contract
This attorney drafted extended warranty contract sets forth the
terms of an extended warranty between a customer and a
company. It does not contain the application to obtain an
extended warranty, as same is dependent on the type of
information needed for the particular product, industry and
company.
ALL INFORMATION AND FORMS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY,
EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING AS TO THEIR LEGAL EFFECT AND
COMPLETENESS. They are for guidance and should be modified to meet your needs and the
laws of your state. Use at your own risk. Docstoc and anyone who participated in providing or
modifying any form is not creating or entering into an Attorney-Client relationship. Docstoc
© Copyright 2012 Docstoc Inc. does not provide legal advice. The information and forms are not a 1substitute for the advice of
your own attorney.
[Instruction: Insert company logo/letterhead here.]
Extended Warranty Contract
The Extended Warranty Service (“Program”) is offered pursuant to the terms of this agreement,
including the completion in its entirety of the form set forth as Schedule A – Extended Warranty
Form, which shall be considered incorporated herein. The Program extends the term of _____
[Instruction: Insert company name.] (“Company”) standard warranty for an additional period
of time depending upon the choice indicated below. For Company’s standard warranty terms,
please consult the warranty terms enclosed with your product at the time of purchase.
Enrollment is accomplished by receipt of the enclosed registration form and payment of the
applicable fee plus applicable tax, if any. Once enrolled, the Program is valid for the stated term
and is not transferable. The enrollment fee, including any applicable tax paid, is NOT
refundable. Customers may register for the Program at any time within the first 30 days after
the original product purchase [Instruction: Revise as applicable.]. Enrollment pricing is
subject to change without notice. THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED,
WHICH EXTEND BEYOND THE DESCRIPTION CONTAINED HEREIN. THIS
PROGRAM IN NO WAY EXPANDS OR ENHANCES THE APPLICABLE LIMITED
PRODUCT WARRANTY, EXCEPT TO PROVIDE AN ADDITIONAL PERIOD OF TIME
DURING WHICH THE LIMITED WARRANTY AS SET FORTH HEREIN WILL BE
APPLICABLE.
NOT COVERED BY THE EXTENDED WARRANTY: Loss of or damage to the product due
to abuse, mishandling, improper packaging by you, alteration, accident, or failure to follow
operating, maintenance or environmental instructions prescribed in the product’s user manual.
[Optional language and Comment: The battery is not covered under the extended warranty.
Also, set forth any additional items which are not covered by the extended warranty.]
LIMITATION OF LIABILITY
[Optional language and Comment: COMPANY WILL NOT BE RESPONSIBLE FOR ANY
DAMAGE TO, OR DATA LOSS OF, ANY PROGRAMS, DATA OR REMOVABLE
STORAGE MEDIA THAT MAY OCCUR DURING REPAIR OR DUE TO
REPLACEMENT OF THE PRODUCT. This language may be deleted if inapplicable.
Also, add any other applicable limitations of liability due to particular nature of product
being warranted.]
The Program is valid for the consumer and product serial number registered at the time of
enrollment. Specifications and pricing subject to change without notice. Selection, offers and
programs may vary by country; see your Company representative for complete details.
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Company Program Redemption Guidelines:
Note: For product warranty, please refer to your product warranty form that you received with
the original purchase of your product.
1. Program must be purchased within the first thirty (30) days from the original date of
product purchase [Instruction: Revise as applicable.]. This program is available to the
first consumer purchaser of new product only.
2. Program purchases must be purchased and registered with Company for each consumer and
product serial number. Company will issue a confirmation of the extended warranty for
each registered consumer and serial number. Any consumer and serial number not being
registered will have a standard warranty as stated in the users’ guide.
3. Batteries and software are not covered in the extended warranty program. [Instruction:
Revise as applicable.]
4. The customer is solely responsible for shipping costs to return the product to Company.
5. Repair includes expedited repair and expedited shipping to return the customer’s unit.
6. Customer’s original unit will be repaired and shipped out within seven (7) days upon
receiving the unit, excluding transportation time and time required for customs clearance,
unless otherwise expressed by Company. Company will return the repaired unit to customer
via Overnight shipping, at Company’s sole cost and expense.
7. Program is valid for the consumer and product serial number registered at the time of
enrollment or the product serial number for the replacement unit.
8. Program details and pricing subject to change without notice.
9. Programs may differ by country. Prices may vary due to currency conversion.
10. Physical damage and user abuse are not covered under this program and not considered a
manufacturer defect.
11. Only authorized Company technicians may perform service and support to Company
products. All services performed by unauthorized technicians will void your Company
warranty.
12. Additional information may be requested at the time of service request.
13. This Agreement constitutes the entire agreement of the parties with respect to its subject
matter, and may not be changed orally, but only by an agreement in writing signed by both
parties.
© Copyright 2012 Docstoc Inc. 3
Schedule A – Extended Warranty Form
[Instruction: Insert Company extended warranty form which must be filled out by
consumers.]
© Copyright 2012 Docstoc Inc. 4
There are no other warranties, express or implied, which have been made by the
Company in connection with the Equipment.
4. Post Warranty. Company does not renew Extended Warranties, as such, following the
termination of the duration of the Extended Warranty, the Extended Warranty on the Equipment
shall terminate.
5. Miscellaneous.
A. This Agreement constitutes the entire agreement between the parties hereto with respect
to the specific subject matter hereof and supersedes all prior agreements or understandings of any
kind with respect to the specific subject matter hereof. This Agreement may only be changed or
modified by mutual agreement of both parties and said agreement must be in writing and signed
by the parties hereto.
B. If any provision(s) of the Agreement are declared to be invalid by a court of competent
jurisdiction, such provision(s) shall be severed from this Agreement and the remaining
provision(s) shall remain in full force and effect.
C. This Agreement is binding upon and shall inure to the benefit of the respective
successors, licensees and/or assigns of the parties hereto. Company may assign any or all of
Company’s rights and/or obligations hereunder to any assignee, licensee or designee of
Company, and all succeeding assignees, licensees or designees. Warrantee Purchaser may not
assign or transfer any of Warrantee Purchaser’s rights and/or obligations hereunder without the
written approval of the Company, in its sole discretion;
D. The waiver by either party of a breach or violation of any provision of this Agreement
shall not constitute a waiver of any subsequent or other breach or violation.
E. This Agreement shall be governed and constructed in accordance with the laws of the
State of _____________, [Instruction: Insert State] applicable to agreements to be wholly
performed therein. With jurisdiction for any proceeding in law or equity, or any arbitration,
exclusive to County of _____________ [Instruction: Insert County], State of ______________
[Instruction: Insert State].
F. Any dispute arising under this Agreement shall be submitted to binding arbitration under
rules then prevailing of the American Arbitration Association (the “AAA”) and judgment upon
the award rendered may be entered and enforced in any court of competent jurisdiction. The
party submitting such dispute shall request the AAA to appoint an arbitrator who is
knowledgeable in the area and familiar with the industry and who will follow substantive rules of
law. Judgment upon award made in such arbitration may be entered and enforced in any court of
competent jurisdiction. Except where clearly prevented by the area of dispute, both parties agree
to continue performing their respective obligations under this Agreement while the dispute is
© Copyright 2011 Docstoc Inc. registered document proprietary, copy not 4
being resolved. Both parties will use best efforts to resolve any disputes prior to invoking the
arbitration procedures. If either party fails to perform its obligation as set forth in this Agreement
and such failure to perform is not corrected within thirty (30) days of written notifications of
such failure from the other, the matter may be turned over to arbitration upon ten (10) days
written notice to the other party.
IN WITNESS WHEREOF, the parties hereto hereby execute this Agreement on the date first
above written.
COMPANY:
________________________________ [Instruction: sign]
By: ___________________________ [Instruction: Insert Name of Signatory]
Title: ___________________________ [Instruction: Insert Title of Signatory]
WARRANTY PURCHASER:
________________________________ [Instruction: sign]
By: ___________________________ [Instruction: Insert Name of Signatory]
Title: ___________________________ [Instruction: Insert Title of Signatory]
© Copyright 2011 Docstoc Inc. registered document proprietary, copy not 5
Exhibit “A”
Equipment
___________ [Instruction: Insert Equipment]
© Copyright 2011 Docstoc Inc. registered document proprietary, copy not 6