|
ABS Onsite
Service Agreement and Conditions
This service
agreement provides for services, described under paragraph 1. WHAT IS COVERED,
pertaining to Products as defined under paragraph 2. PRODUCT ELIGIBILITY. This
is the exclusive SERVICE AGREEMENT for your product, explaining its terms and
conditions, and how to obtain service when needed.
"YOU"
and "YOUR" indicates the purchaser or Product Owner.
1. WHAT IS
COVERED:
Service performed
hereunder shall consist of telephone technical support, parts and labor
necessary to restore the Product to normal operating condition, after the
products failure during normal use, as determined and limited by the terms and
conditions in this Service Agreement. This Service Agreement applies solely to
those defects in the product arising from material or workmanship during normal
use, and with use of only Original Equipment Manufacturer/Dealer
("ABS") approved supplies ("ABS Computer supplies"). Defects
due to lack of preventive maintenance, deinstallation, relocation, maintenance
requirements caused by usage beyond the Product’s duty cycle, and due to usage
of non ABS computer supplied parts are not covered under this Service Agreement.
It is the sole discretion of the Administrator, which may or may not provide
such services.
2. PRODUCT
ELIGIBILITY:
A Product shall
be a desktop unit, consisting solely of those components that are originally
shipped from ABS Computer as new and manufactured for use in the United States.
This Service Agreement will commence on the day the Product was purchased and
provides twelve (12) months of limited telephone technical support, on-site
service, parts and labor coverage. Software technical support shall be limited
to the pre-installed operating system and pre-installed application software
programs. Software support shall at no time mean tutorial assistance. The
Product covered by this Service Agreement must be registered with the
Administrator by means or a recorded serial number, date purchased, and Service
Agreement number. Products, such as display devices, computer peripherals,
printers, scanners, monitor, keyboards, mice, and speakers are unconditionally
excluded from this Service Agreement. Abs Computer On-Site Warranty only covers
the hardware components inside the system tower (i.e: mainboard, hard disk
drive, ROMs).Components connected to the system tower (speakers, keyboard,
mouse, scanner) and software related problems are not covered under this
warranty. If the on-site technician finds the problem(s) is caused by software
or any components not inside the system tower, and there is no need to replace
any hardware, the customer will be responsible for a $165/hr on-site service
charge. On-Site service visit are limited to 3 times per year period. If for any
reason the customer needs extra on-site service, a charge for $165/hr must be
pre-paid by credit card.
3. OBTAINING
SERVICE:
To receive
service, you must contact Technical Support at and have a
technical support agent troubleshoot your product. Telephone technical Support
is not available on national and locally observed holidays. A telephone
technical support agent will determine whether the Product’s problem is caused
by an actual hardware failure and whether the problem can be corrected over the
telephone. Should an actual hardware failure be determined and service cannot be
rendered over the telephone, the Product is then deemed eligible for on-site
service provided pursuant to this Service Agreement. In such case, the telephone
technical support agent will setup a service request. Should a replacement
part(s) be required for any service, the part(s) will be shipped directly to you
by ABS Computers. You will be responsible to contact Technical Support at the
number listed above to confirm the part(s) arrival. The Administrator reserves
the right to request that the Product be shipped in for repair service at the
cost and direction of Abs computers.
If your product
fails two times during the term of this Service Agreement or excessive repairs
to your Product are needed. Once Technical Support is notified of the part(s)
receipt, an Authorized Technical Field Engineer will be dispatched to provide
repairs at the Product’s indicated location. Special arrangements may also be
made to deliver part(s) to one of the Administrator’s Technical Field
Engineers. You may be required to provide a valid credit card before any
replacement part(s) will be shipped to you for service. You will be responsible
for return of any defective or unused part(s) shipped to your location. Failure
to return part(s) to ABS Computers will result in a charge to your credit card.
4. SERVICE
WITHIN COVERED AREA:
Service will be
rendered, in correlation with the Service Agreement, only within the forty-eight
(48) contiguous states, Alaska or the Hawaiian Islands of Kauai, Oahu, Maui and
Hawaii, provided the product might be reached by normal modes of ground
transportation. This Service Agreement requires the full address of the Products
location, be it residence or business, the Product’s serial number and a
contact person’s name and telephone number (s) at the indicated location. An
Authorized Technical Field Engineer will generally contact you to schedule a
service appointment at the Product’s indicated location within twenty-four
(24) hours following arrival confirmation of the part(s). An Authorized
Technical Field Engineer will provide service Monday thru Friday 8:00am thru
5:00pm local time, excluding national and any other locally observed holidays.
ABS Computers reserves the right to charge additional mileage and travel time
for any technical Field Engineer. Abs Computer also reserves the right to charge
a minimum dispatch administration fee for any cancelled dispatch call.
5. SERVICE
OUTSIDE COVERAGE AREA OR TERMS AND AGREEMENT:
If the
Product’s location is outside the covered service area or if service is
required beyond the coverage of the terms and conditions of this Service
Agreement, you may be contacted to make special arrangements that may be
available, including service outside the forementioned service area, and after
hour services, etc. However, there is no obligation to provide such service and
such services will be at the sole discretion of the Administrator. Additional
charges may be apply for services that lie outside the service area or services
beyond the terms and conditions of this Service Agreement.
6. SERVICE
CONDITIONS:
The Authorized
Technical Field Engineer must be provided full access to the Product when
providing on-site repairs. In addition, adequate workspace, access to
electricity and the telephone must be provided to the Authorized technical
Engineer. A legally responsible adult, over eighteen (18) years of age must be
present at all times during any on-site service performed by an Authorized
Technical Field Engineer. On-site service is provided at the sole discretion of
the Administrator. A telephone technical support agent must make a diagnostic
determination for on-site service prior to the provision of on-site service
being provided.
7. LIMITATION
OF LIABILITYAND SERVICE AGREEMENT DISCLAIMER:
All services
performed pursuant to this Service Agreement shall be perform in a good
workmanship-like manner and the Administrator disclaims all others warranties,
express or implied, with respect to warranty service, equipment, supplies,
part(s) and materials provided, including but not limited to warranty of
merchantability or fitness for a particular purpose, or relating to the
infringement of any patent, copyright or other proprietary right arising out of
or in connection with the performance of warranty service. In no event will the
Administrator be liable for any incidental, consequential, direct or indirect
damages, including without limitation, loss of use, loss of data, loss of profit
or liabilities to third parties, however caused, and on any theory of liability,
whether in an action for contract, strict liability or tort 9including
negligence) or otherwise and notwithstanding the failure of the essential
purpose of any remedy. In the event, ABS Computer does not provide parts needed
for the Administrator to complete eligible warranty service for any reason
whatsoever, the Administrator shall not be obligated to perform under this
Service Agreement and will not be held liable for any obligation, term, or
condition under this Service Agreement.
8. TRANSFER:
This Service
Agreement may be transferred with the Product when ownership transfer occurs.
Ownership transfers must be submitted in writing to the Administrator by U.S
mail to the Administrators address listed below or via email at esa
Indicating the
Service Agreement number, name, address and telephone number of the new owner
within fifteen (15) days of the ownership transfer or else the Administrator is
under no obligation to provide services under this Service Agreement to the new
owner.
9. GOVERNING
LAW:
Unless otherwise
governed by applicable state law, this Service Agreement shall be interpreted
and enforced according to the laws of California. If any claim or dispute arises
under this Service Agreement the sole venue for such claim shall be Los Angeles,
California.
THIS SERVICE
AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE SERVICES, WHICH ABS
COMPUTER AGREES TO PROVIDE, AND IT SHALL SUPERSEDE ALL PRIOR ORAL OR WRITTEN
PORPOSALS AND COMMUNICATIONS PERTAINING TO THE SUBJECT MATTER HEREOF.
|
