The LenovoEMC Service Plan (the "Plan") is governed by the following terms and conditions. By accepting the services and support described herein, you agree to be bound by the following terms and conditions. If you do not accept these terms and conditions you may return your product (“Product”) and/or your purchase of the Plan to the place of purchase within twenty-one (21) days of purchase for a full refund. Please read this document carefully.
You are eligible to receive services from LenovoEMC under the Plan if you purchased the Plan as described in this paragraph, and registered your Plan with LenovoEMC as described below. For Products with a purchase date before November 1, 2012, the Plan must be purchased while the Product is within its basic limited warranty period. Details of the limited warranty applicable to your Product can be found in the Quick Start Guide that came with your Product. For Products purchased on or after November 1, 2012, the Plan must be purchased during the first 12 months following the Product’s purchase date.
The period of service under the Plan begins on the date you purchased the Plan, and ends three or five years (depending on which Plan you purchased) from the date you purchased your Product. During this period, LenovoEMC will repair or replace, at its option, your Product if it requires repair or replacement due to defects in materials or workmanship. LenovoEMC may use new or used parts or products, at its option, to do so.
If you purchased on-site repair or replacement services, LenovoEMC will make a commercially reasonable attempt to provide such services within either one business day, or within 4 hours (depending on which service you purchased) of the date your request for such services is received and registered by LenovoEMC and on-site repair or replacement is determined to be needed. However, there is no guarantee that any services will be completed within any given time frame. The actual service and repair/replacement dates will depend upon a number of factors, including part or component availability, availability of qualified service personnel, the ability of such service personnel to travel to and from the location of your Product, economic or political conditions which restrict travel, and other factors.
Your Product comes with a basic limited warranty which provides coverage for a period of one, two, or three years from the date of purchase, depending upon the model and country of purchase. Details of the limited warranty applicable to your Product can in the Quick Start Guide that came with your Product. Your Plan may extend additional protection beyond the basic warranty period. Thus, if a five year Plan is purchased on April 1, 2013 for an LenovoEMC Product was purchased on November 7, 2012, the Plan would extend the Product’s warranty to November 7, 2017. Please consult www.iomega.com/serviceplans to determine the length of your Plan.
This Plan is non-transferable and applies only to you, the first end-user purchaser.
You agree to release and hold harmless LenovoEMC, including LenovoEMC's suppliers, distributors, resellers, affiliates, subsidiaries, parent corporation, and LenovoEMC’s ultimate parent (EMC Corporation), and each of their, officers, agents, or employees from and against any and all costs, expenses, losses, liabilities, injuries or damages to business, profits, revenues or goodwill, for loss of data, business interruption, damage or replacement of equipment or property, costs of recovery, reprogramming, or reproducing any program or data stored in or used with an Product, or for any economic or consequential damages (including lost profits or savings) or incidental, punitive or special damages, however caused, even if LenovoEMC shall have been advised of the possibility of such damages.
To be eligible for on-site repair/replacement services under the Plan, you must satisfy each of the following conditions:
The Plan does NOT cover the following items:
To request or receive technical support, contact LenovoEMC Technical Support (visit www.iomega.com/serviceplans for technical support contact information).
If you are eligible to receive on-site repair or replacement services under your Plan, LenovoEMC will provide you, where available, at no additional charge, on-site repair or replacement services for your LenovoEMC Product, subject to the conditions set forth herein. LenovoEMC will provide such services throughout the Service Period. To request or receive on-site repair or replacement services under the Plan, you must first contact LenovoEMC Technical Support (visit www.iomega.com/serviceplans for technical support contact information). In addition, you must satisfy the following minimum requirements at the applicable Customer site:
If, upon the service technician's arrival, the Customer site does not meet the service site requirements as set forth herein, or an unsafe environment or condition exists, or a non-productive waiting condition in excess of thirty (30) minutes occurs, LenovoEMC reserves the right to decline to provide repair services at that time. If repair services are delayed by thirty (30) minutes or more, due to Customer's failure to meet service site requirements, the service technician may leave Customer site and additional repair services can be arranged at LenovoEMC's prevailing rates.
You agree that, except as set forth in this paragraph, any and all claims or disputes arising out of or in connection with or in relation to this Agreement will be resolved by (a) sending LenovoEMC a written notice of your claim, including all facts concerning your problem and all damages claimed, at least 30 days in advance of filing any claim, to email@example.com. Thereafter, if you and LenovoEMC are unable to resolve the matter within 30 days, then (b):
If you are in the Americas, you may file an action under the laws of the State of California (excluding choice of law rules), in the state or federal courts of San Diego, California; the parties hereto agree that San Diego, California shall be the exclusive venue for any disputes.
If you are located in the European Economic Area, Asia, or anywhere outside of the Americas, all arbitration proceedings shall be resolved in accordance with the Rules of Arbitration of the Chamber of Commerce and Industry of Geneva by three (3) arbitrators appointed in accordance with said Rules. The arbitration shall be held in Geneva, Switzerland, and shall be conducted in the English language. Swiss law shall apply.
WITH RESPECT TO THE SERVICES PROVIDED UNDER THE PLAN, LenovoEMC DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND OF MERCHANTABILITY. THE SERVICES PROVIDED UNDER THE Plan ARE RENDERED ON AN "AS IS" BASIS WITH NO RERPRESENTATIONS AND WARRANTIES OF ANY KIND OR NATURE WITH RESPECT THERETO. LenovoEMC'S SOLE LIABILITY AND YOUR EXCLUSIVE REMEDY IN ANY CASE OR EVENT IS A REFUND OF THE PURCHASE PRICE PAID FOR YOUR LenovoEMC PRODUCT.