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Service Agreement to Install Computers


Service Agreement to Install Computers document sample

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    Rev. 8/05

                                                                    Service Plan, and At-Home Service Plan,               Your original Standard Limited Warranty provided
    Service Plan Agreement                                          Customer must purchase one or more of these           for on-site service or You purchased the Business
                                                                    Service Plan(s) prior to expiration of the            On-Site, At-Home, or Hot Swap Service Plans.
     Notebook Computers                                             Standard Limited Warranty supplied with the           For depot service You will be responsible for
                                                                    Product at time of initial purchase of the            delivering Your Product to Us at Your cost and We
    This Agreement     is administered by Service Net               Product in new condition by the original              will be responsible for delivering Your repaired
    Solutions, LLC.                                                 owner.                                                Product to You at Our cost.
A. Service Net’s Responsibilities                              2.   For the SystemGuard and Hot Swap Service           E. Service Plans
                                                                    Plan, Customer must purchase one or more of
    This Service Plan Agreement (“Agreement”) sets                  these Service Plans within 30 days from time          (Refer to COC to determine which Service
    forth the entire contract between the Service                   of initial purchase of the Product in new             Plan(s) applies to Your Product.)
    Contract Administrator (hereinafter referred to as              condition by the original owner.                      1.   Extended Service Plan.           This coverage
    We, Us and Our), and the customer identified on                                                                            pertains to You if listed on the COC. We will
    the attached Certificate of Coverage (hereinafter          3.   All Service Plan(s) must be registered with Us
                                                                    in order for Customer to be entitled to the                furnish labor, parts, and/or replacement
    referred to as Customer, You and Your). Service                                                                            equipment (or pay for same) necessary to
    Net Solutions, LLC (“Service Net”) is                           services identified on the COC. Activation of a
                                                                    Service Plan will occur upon valid registration            repair operational or mechanical breakdowns
    contractually obligated to You to provide                                                                                  of the Product specified on the COC, provided
    service under this Agreement where in                           of the Service Plan with Us as reflected in Our
                                                                    records (“Activation Date”).                               such service is necessitated by Product failure
    accordance with, and as allowed by state law. If                                                                           during normal usage. The Product specified
    this Agreement is purchased in Florida or                  4.   No services will be rendered until all fees have           and covered includes only equipment as
    Oklahoma, Service Net Solutions of Florida, LLC                 been paid in full by the Customer.                         originally configured and charged for in the
    (“Service Net”) is contractually obligated to You to                                                                       Service Plan.
    provide service under this Agreement. Please refer      C. Term
    to your Certificate of Coverage (“COC”) for                1.   For the Extended Service Plan, the term of this       2.   Service Express Service Plan. This coverage
    applicable state disclosures. The Toshiba computer              Service Plan begins on the date that the                   pertains to You if listed on the COC and your
    product(s) (“the Product[s]”) identified on the COC             Standard Limited Warranty expires, and ends                Product is covered under an Extended Service
    are subject to these terms and conditions. You are              on the Expiration Date shown on the COC.                   Plan or SystemGuard Service Plan. Customer
    entitled only to the services identified on the COC                                                                        may choose Depot Express or Premier
                                                               2.   For all other Service Plans covered by this                Authorized Service Provider Carry-in Express
    for Products purchased and located in the fifty (50)            Agreement, the term of the Service Plan
    United States, and the District of Columbia. We                                                                            Service.
                                                                    begins on the date the Product was purchased
    reserve the right to use reconditioned replacement              by the original owner in new condition and                 (a) For Depot Express service, We will arrange
    parts or product that is equivalent or superior to              expires on the Expiration Date shown on the                for (i) next business day overnight delivery of
    original factory specifications. Replacement parts              COC.                                                       shipping materials to Customer, and (ii)
    or products are covered under the applicable                                                                               provide instructions for next business day
    Service Plan for thirty (30) days or for the            D. How to Obtain Service                                           overnight shipment of the Product to the depot.
    remainder of the Service Plan term, whichever is           To obtain service and repair for the Product,                   Customer is responsible for packing the
    longer. Parts or products replaced under a Service         contact the Support Center at 866-257-8610.                     Product and for shipment to Us according to
    Plan shall become Our property.                            Customer must provide the serial number, model                  the instructions provided. Upon receipt of the
    This is not an insurance policy. As the                    and location of the Product, and a description of               Product, We will make reasonable efforts to
    Administrator, Service Net will assist You in              the problem. A technical support specialist will                complete the repair and return the Product to
    understanding Your Service Plan and coverage               help you diagnose the problem. If the Product                   Customer by next business day overnight
    benefits from the day You purchase Your Plan. If           requires a hardware repair, service can be obtained             shipment (excluding weekends and holidays).
    Your Product needs repair for operational or               under the applicable service plan.                              (b) For Carry-In Express service, a Premier
    mechanical failure, You are required to call the toll      IMPORTANT NOTE                                                  Authorized Service Provider (“ASP”) will
    free number listed on the COC or submit Your                                                                               make reasonable efforts to complete the repair
    claim in writing to “Toshiba Service Plan                  Repairs recommended by the repairing facility not               by the next business day (excluding weekends
    Agreement” c/o Service Net, 650 Missouri Ave.,             necessitated by operational or mechanical                       and holidays) following receipt of the Product.
    Jeffersonville,   IN     47130.         With     any       breakdown during normal use are not covered                     A list of Premier ASPs is available on-line at
    correspondence, please provide Your daytime                under any Service Plan unless specifically            
    phone number and claim number if applicable. If            authorized by Us. We reserve the right to inspect
                                                               the items to be covered, or the items covered, as          3.   SystemGuard Accidental Damage Service
    We fail to pay or provide service on a claim within                                                                        Plan (Accidental Damage from Handling).
    30 days after proof of loss has been filed, or in the      the case may be, prior to coverage or during the
                                                               coverage period. Model number, serial number and                SystemGuard pertains to You if listed on the
    event We are no longer a going concern, You are                                                                            COC. Your Product is protected against
    entitled to make a written claim directly against the      original date of purchase of all items to be covered
                                                               must be provided to execute application for                     accidental damage from handling (“ADH”).
    Insurer, Great American Insurance Company, 49                                                                              ADH coverage will end prior to the expiration
    East 4th Street, 8th Floor, Cincinnati, OH 45202.          service. If You request a service call for a non-
                                                               covered repair, You will be responsible for all costs           date shown on the COC when We have, as a
    Email address, Fax Number                                                                              result of service provided to You, replaced
    1-888-579-1166. The telephone number is (800)              associated with the repair. In the event You are
                                                               unable to meet the servicer, You must call to                   Your Product or incurred costs under this plan
    280-0352. If you purchased Your Service Plan in                                                                            equal to the original purchase price of Your
    Florida or Oklahoma, obligations under this                cancel the appointment in advance of the agreed
                                                               upon time of service. You may be responsible for                Product (as indicated on Your invoice). ADH
    Agreement are insured by Great American                                                                                    only covers operational or mechanical failure
    Insurance Company, 49 East 4th Street, 8th Floor,          paying the second trip charge for the subsequent
                                                               rescheduled repair. If the Product is found to be               from handling and does not include protection
    Cincinnati, OH 45202. The telephone number is                                                                              against normal wear and tear, theft, mysterious
    (800) 280-0352. Please enclose a copy of Your              performing to the manufacturer’s specifications, it
                                                               will be returned to You.            Notwithstanding             disappearance,       misplacement,     viruses,
    Service Plan when sending correspondence to the                                                                            reckless, abusive, willful or intentional
    Insurer. The expiration date and price of this             anything herein to the contrary the total liability
                                                               under all Service Plans and under this                          conduct associated with handling and use of
    Agreement are listed on the COC. There are some                                                                            the Product, cosmetic damage and/or other
    limitations of coverage. You should review the             Agreement is the purchase price You paid for
                                                               the Product minus claims paid and sales tax.                    damage that does not affect Product
    Limitations of Liability and the Service Exclusions                                                                        functionality, damage caused during shipment
    and Conditions sections for details.                       We may elect, at our option, to buyout this
                                                               Agreement during the coverage term for the                      between You and Our service providers and
B. Eligibility                                                 original purchase price of the Product minus claims             any other limitations listed in the Limitations
                                                               paid and sales tax. All Service Plans are for depot             of Liability section or the Service Exclusions
    1.   For the Extended Service Plan, the                                                                                    and Conditions section or otherwise set forth
         ServiceExpress Service Plan, Business On-Site         service (carry-in or mail-in service only) unless
     in this Agreement. Any resultant damage from                 seventy five (75) miles from a metropolitan                 (i) Service on Toshiba branded or third party
     this type of treatment is NOT covered by this                area with a population of 50,000 or more, the               accessories, whether purchased with the
     SystemGuard Service Plan.                                    cost to transport the Product for service will be           Product or not;
4.   Business On-Site Service Plan.               This            paid by Us.                                                 (j) Service made necessary by use of
     coverage pertains to You if listed on the COC           6.   Hot Swap Service Plan. This coverage                        incompatible third party products;
     and your Product is covered under an                         pertains to You if listed on the COC and your               (k) Service of Product on which the TOSHIBA
     Extended Service Plan or SystemGuard                         Product is covered under an Extended Service                label or logo, rating label or serial number
     Service Plan. In order to receive on-site                    Plan or SystemGuard Service Plan. We will                   have been defaced or removed;
     service you must assist in diagnosing issues                 make reasonable efforts to provide Hot Swap
     with Your Product. If it is determined that                  whole unit exchange at a business location not              (l) On-site service and repair of the Product
     You need a replacement part, We will ship the                later than the next business day after                      (except as provided otherwise under the
     part and installation instructions to You. If                Customer’s request for service placed between               Business On-Site, At-Home, Hot Swap
     You purchased Business On-Site service,                      8:00 AM and 4:00 PM, local Customer time.                   Service Plans or if the original Standard
     Service Net may, at Your discretion, dispatch                Hot Swap whole unit exchange shall be                       Limited Warranty provided with Your Product
     a service representative to Your business                    performed during normal business hours,                     included on-site service);
     location to install the replacement part.                    excluding weekends and holidays. We will                    (m) Damage caused by use of the Product
     Business On-Site service shall be performed                  provide instructions for transfer and                       outside the usage or storage parameters set
     during normal business hours, 8:00 A.M. to                   installation of Customer’s Hard Disk Drive                  forth in the Product User’s Guide; and
     5:00 P.M. local Customer time, excluding                     (HDD) from reported defective unit to the Hot               (n) Modifications to the Product not approved
     weekends and holidays, based on part                         Swap unit. Customer is responsible for transfer             in writing by Us.
     availability and delivery schedule. Customer is              of the HDD and for returning defective unit
     responsible for providing access to the                      within two business days after receiving Hot           2.   The only effective protection for the data
     Product, and reasonable cooperation with the                 Swap unit. We will provide prepaid return                   stored on a computer, such as on a hard drive,
     technician. Service will be provided only at a               shipping address label for return of the                    is a regular program of data backup. We
     business location, on condition that a person at             reported defective unit to the Hot Swap depot.              disclaim responsibility for any lost, damaged,
     least eighteen (18) years of age is present at all           In the event that the defective unit is not                 or destroyed software program, data or other
     times. No service will be provided (a) at any                received at the Hot Swap depot within ten (10)              information stored or residing on any media or
     place of residence, (b) outside a seventy-five               business days from the date of the Hot Swap                 any part of the Product covered by this
     (75) mile radius of a metropolitan area with a               shipment, You will be invoiced for the current              Agreement, including without limitation,
     population of 50,000 or more, (c) certain                    Retail Sales Price of the replacement unit. We              deletion or alteration of the contents of the
     remote areas, or (d) at airports or mobile                   are not responsible for loss of any data or                 hard drive or data storage media which may
     locations. If You are entitled to on-site service            software programs, as further detailed in                   occur during service of the Product. BEFORE
     but due to environmental and/or technical                    Section F.2 of this Agreement. In the event of              RETURNING ANY PRODUCT FOR
     requirements, certain repairs can not be                     HDD failure, only the HDD will be replaced.                 SERVICE, BE SURE TO BACK UP DATA
     completed at Your location, or if You are                    Upon completion of the swap, registration and               AND REMOVE ANY CONFIDENTIAL,
     located more than seventy five (75) miles from               entitlement will be transferred to the                      PROPRIETARY,            OR       PERSONAL
     a metropolitan area with a population of                     replacement Product. Minimum purchase                       INFORMATION.            WE      ARE      NOT
     50,000 or more, the cost to transport the                    quantities apply to be eligible for the Hot                 RESPONSIBLE FOR (1) DAMAGE TO
     Product for service will be paid by Us.                      Swap Service Plan.                                          OR LOSS OF ANY PROGRAMS, DATA,
                                                                                                                              OR REMOVABLE STORAGE MEDIA,
5.   At-Home Service Plan.            This coverage       F. Service Exclusions and Conditions                                OR (2) THE RESTORATION OR
     pertains to You if listed on the COC and your                                                                            REINSTALLATION                OF         ANY
     Product is covered under an Extended Service            1.   This Agreement and all Service Plans exclude:
                                                                                                                              PROGRAMS OR DATA OTHER THAN
     Plan or SystemGuard Service Plan. In order to                (a) Service made necessary by accident,                     SOFTWARE INSTALLED BY TOSHIBA
     receive At-Home service you must assist in                   misuse, abuse, neglect, improper installation,              WHEN         THE        PRODUCT          WAS
     diagnosing issues with Your product. If it is                or improper maintenance, except as otherwise                MANUFACTURED.
     determined that You need a replacement part,                 provided under the SystemGuard Service Plan;
     We will ship the part and installation                                                                              3.   If Customer authorizes Us to perform any
                                                                  (b) Repair of damage that is cosmetic only or               services excluded under a Service Plan,
     instructions to You. If You purchased At-                    does not affect Product functionality, such as
     Home service, Service Net may, at Your                                                                                   Customer shall pay standard repair fees for
                                                                  wear and tear, scratches and dents, and                     such work.
     discretion, dispatch a service representative to             scratched, faded or discolored keycaps;
     Your home or business to install the                                                                                4.   If a reported problem cannot be reproduced
     replacement part. At-Home service shall be                   (c) Replacement of missing           parts, the             during service, We may charge the Customer
     performed during normal business hours, 8:00                 provision of retrofits, or           preventive             for labor costs incurred.
     A.M. to 5:00 P.M. local Customer time,                       maintenance;
                                                                                                                         5.   We may service Customer-replaceable parts
     excluding weekends and holidays, based on                    (d) Installation or removal of accessory                    by shipment of new or reconditioned
     part availability and delivery schedule.                     retrofits, peripheral equipment or computer                 replacement parts to Customer on an exchange
     Customer is responsible for providing access                 systems of which the Product may be a part;                 basis. Upon receipt by the Customer of the
     to the Product, and reasonable cooperation                   (e) Replacement or fixes of software;                       replacement part, the original part becomes
     with the technician. Service will be provided                                                                            Our property, and shall be returned by
     only at a home or business location, on                      (f) Repair or replacement of batteries, covers,
                                                                  plastics, AC adapters, or appearance parts such             Customer to Us at Our expense. Customer
     condition that a person at least eighteen (18)                                                                           shall pay Us the retail value of the replacement
     years of age is present at all times. No service             as interior or exterior finishes or trim;
                                                                                                                              part if We do not receive the original part
     will be provided (a) outside a seventy-five (75)             (g) Service made necessary by any external                  within ten (10) days after Customer’s receipt
     mile radius of a metropolitan area with a                    cause, including fire, theft, acts of God,                  of the replacement part.
     population of 50,000 or more, (b) certain                    alteration, problems arising from software or
     remote areas, or (c) at airports or mobile                   hardware not supplied by Us, power failures,        G. No Lemon Guarantee
     locations. Some additional delay may occur                   surges or shortages, lightning, or repairs by          When three service repairs, with three separate
     due to reasonable efforts to provide At-Home                 persons other than those authorized by Us to           claim numbers, have been completed on the same
     service at remote residential locations. If You              service the Product;                                   component and that same component requires a
     are entitled to At-Home service but due to                   (h) Service on Product purchased and/or used           fourth repair, as determined by Us, Your Product
     environmental and/or technical requirements,                 outside the fifty (50) United States, and the          will be replaced with a product of like grade and
     certain repairs can not be completed at Your                 District of Columbia;                                  quality by Us, not to exceed the original retail
     location, or if You are located more than                                                                           purchase price minus claims paid and sales tax .
     This does not include product repairs made during              EVEN IF WE HAVE BEEN ADVISED OF                         or as a change or modification to the Standard
     the term of the Standard Limited Warranty on the               THE    POSSIBILITY   OF    SUCH                         Limited Warranty which was originally
     Product.      Once you have received your                      DAMAGES. SOME STATES DO NOT                             supplied with the Product.
     replacement product, the applicable Service Plan               ALLOW    THE    LIMITATION   OR                    2.   We may subcontract the services provided
     shall be deemed fulfilled and shall terminate.                 EXCLUSION OF INCIDENTAL OR                              under any Service Plan without notice to
                                                                    CONSEQUENTIAL DAMAGES, SO THE                           Customer.
H. Power Surge and Spike                                            ABOVE      LIMITATIONS      AND
     All Service Plans protect against operational or               EXCLUSIONS MAY NOT APPLY TO                        3.   This Agreement is the complete and exclusive
     mechanical failure of a covered product only if a              THE CUSTOMER. THIS AGREEMENT                            agreement between Us and the Customer
     failure occurs while properly connected to a surge             GIVES THE CUSTOMER SPECIFIC                             relating to the subject matter hereof. Any
     protector approved by the Underwriter’s                        LEGAL RIGHTS, AND THE CUSTOMER                          statements or representations made by
     Laboratory. Your surge protector may be collected              MAY ALSO HAVE OTHER RIGHTS                              resellers, ASPs or others that are inconsistent
     by Us for examination.                                         WHICH VARY FROM STATE TO                                with this Agreement shall not be binding upon
                                                                    STATE. CONDITIONS LISTED ON THE                         Us. No amendment or modification shall be
I.   Limitation of Liability                                        COC APPLY TO YOU.                                       binding unless made in writing and signed by
     1.   NOTWITHSTANDING        ANYTHING                                                                                   an authorized representative.
                                                               5.   Critical Applications. The Service Plans are
          HEREIN TO THE CONTRARY, OUR                               not intended for Products used in any “critical    4.   We shall not be liable for delay in furnishing
          MAXIMUM LIABILITY UNDER THIS                              applications.” “Critical applications” means            or failing to furnish service if such delay or
          AGREEMENT SHALL BE LIMITED TO                             life support systems, medical applications,             failure is caused by an act of God, strike,
          THE TOTAL MONIES PAID BY                                  connections to implanted medical devices,               governmental action or any other cause
          CUSTOMER FOR THE ORIGINAL                                 commercial transportation, nuclear facilities or        beyond Our immediate control.
          PURCHASE PRICE OF THE PRODUCT                             systems or any other applications where            5.   If any provision of this Agreement shall be
          MINUS CLAIMS PAID AND SALES TAX.                          product failure could lead to injury to persons         held to be invalid, illegal or unenforceable, the
          THIS LIMITATION SHALL APPLY                               or loss of life or catastrophic property damage.        validity, legality and enforceability of the
          REGARDLESS OF THE FORM OF                                 ACCORDINGLY, WE RESERVE THE                             remaining provisions hereof shall not in any
          LEGAL ACTION.                                             RIGHT TO REFUSE TO SERVICE ANY                          way be affected or impaired.
     2.   IN THE EVENT WE REPLACE THE                               PRODUCT USED IN A CRITICAL                         6.   Novation. If the obligor of a Service Plan
          PRODUCT WITH A COMPARABLE                                 APPLICATION, AND DISCLAIM ANY                           assigns its obligations under the Service Plan,
          PRODUCT OR REIMBURSE YOU FOR                              AND ALL LIABILITY ARISING OUT OF                        directly or indirectly, to an insurance carrier
          THE ORIGINAL PURCHASE PRICE,                              OUR SERVICE OR REFUSAL TO SERVICE                       with an “AM Best” industry rating of A- or
          MINUS CLAIMS PAID AND SALES TAX,                          SUCH PRODUCT.                                           better, such new obligor shall become the
          WE SHALL HAVE SATISFIED ALL                                                                                       obligor under the Service Plan and the original
          OBLIGATIONS OWED UNDER THIS                     J.   Cancellation, Exchange and Transfer
                                                                                                                            obligor shall have no further liability under the
          AGREEMENT. WE MAY ELECT, AT                          1.   Customer may cancel a Service Plan at any               Service Plan.
          OUR OPTION, TO BUYOUT THE                                 time during the term by providing written
          AGREEMENT       DURING      THE                           notice of cancellation to “Toshiba Service Plan
          COVERAGE    TERM     FOR    THE                           Agreement” c/o Service Net at the following
          PRODUCT'S ORIGINAL PURCHASE                               address: 650 Missouri Ave. Jeffersonville, IN
          PRICE MINUS CLAIMS PAID AND                               47130. If You cancel this Agreement within
          SALES TAX.                                                thirty (30) days of the date You purchased this
     3.   REPAIR, REPLACEMENT, OR REFUND                            Agreement, You will receive a refund of the
          OF THE SERVICE PLAN PRICE, ARE                            full purchase price less any claims. If You
          THE    CUSTOMER’S     EXCLUSIVE                           cancel this Agreement thereafter, You will be
          REMEDIES FOR BREACH OF THIS                               refunded the remaining days of coverage on a
          AGREEMENT. WE DISCLAIM ALL                                monthly prorated basis, less costs for service
          OTHER WARRANTIES, EXPRESS OR                              performed (if applicable). In addition to any
          IMPLIED,     REGARDING      THE                           other charges, We reserve the right to assess a
          SERVICES, INCLUDING THE IMPLIED                           cancellation fee of ten percent (10%) of the
          WARRANTIES                   OF                           price paid for the Service Plan(s), or $25.00,
          MERCHANTABILITY, FITNESS FOR A                            whichever is less.
          PARTICULAR PURPOSE, AND NON-                         2.   Customer may transfer service under this
          INFRINGEMENT OF THIRD PARTY                               Agreement to another Toshiba computer
          INTELLECTUAL PROPERTY RIGHTS.                             product if the Product is exchanged at the
          SOME STATE LAWS DO NOT ALLOW                              place of purchase for quality reasons. In the
          THE   EXCLUSION    OF   IMPLIED                           event of an exchange, Customer must provide
          WARRANTIES.     ANY     IMPLIED                           written notice to the address in paragraph 1 of
          WARRANTIES     THAT   MAY    BE                           this section, along with the model and serial
          IMPOSED BY LAW ARE LIMITED IN                             number of exchanged Product and the new
          DURATION TO THE TERM OF THIS                              product before service can be activated.
          AGREEMENT.                                           3.   Customer may assign a Service Plan to a
     4.   TO    THE    MAXIMUM      EXTENT                          subsequent purchaser or assignee of the
          PERMITTED BY LAW, WE SHALL NOT                            Product by providing written notice to
          BE LIABLE TO CUSTOMER FOR                                 “Toshiba Service Plan Agreement” c/o Service
          INDIRECT, SPECIAL, INCIDENTAL, OR                         Net at the following address: 650 Missouri
          CONSEQUENTIAL DAMAGES ARISING                             Ave. Jeffersonville, IN 47130, within thirty
          FROM THE SERVICES PROVIDED                                (30) days after the assignment.
          UNDER THIS AGREEMENT, DELAY IN                       4.   Except as provided in Section J.2 or J.3 above,
          FURNISHING SERVICES, OR FAILURE                           any purported transfer or assignment of a
          TO FURNISH SERVICES, INCLUDING                            Service Plan is void.
          DATA OR SOFTWARE, LOSS OF USE                   K. General
          OR LOST PROFITS, WHETHER BASED                       1.   Nothing in this Agreement, or in a Service
          IN CONTRACT, TORT OR OTHERWISE,                           Plan, shall be construed as a Product warranty,

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