WARRANTY REFERENCE TABLE
Acer, Gateway and eMachines Accessories
Warranty Length/Type
Hardware Technical Support
Service Website
1 Year Limited: Parts & Labor, Mail In or
Carry In
1 Year
http://www.acer.com
http://www.gateway.com
http://www.emachines.com
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Rev.11.10.10
WARRANTY REFERENCE TABLE
Acer, Gateway and eMachines Accessories
Warranty Length/Type
Hardware Technical Support
Service Website
2 Year Limited: Parts & Labor, Mail In or
Carry In
2 Year
http://www.acer.com
http://www.gateway.com
http://www.emachines.com
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ACER LIMITED WARRANTY AGREEMENT
[Binding Arbitration provisions are not applicable to Quebec consumers]
THIS AGREEMENT CONTAINS A MANDATORY AND BINDING ARBITRATION PROVISION
IN WHICH YOU AND ACER AGREE TO RESOLVE ANY DISPUTES BETWEEN YOU AND
ACER BY BINDING ARBITRATION. PLEASE SEE SECTION 7 BELOW.
This Agreement (“Agreement”) is between the original purchaser (“You”) and Acer America
Corporation (“Acer”) and applies to Acer, Gateway and eMachines branded products (“Products”)
and services purchased in the U.S. or Canada by You from Acer or any of its subsidiaries or
affiliates or an Acer authorized reseller (“Reseller”). This limited warranty is valid only in the U.S.
and Canada. This limited warranty extends only to You, the original purchaser, and is not
transferable to anyone who subsequently purchases, leases, or otherwise obtains the Product
from You. This limited warranty does not cover software or non-Acer, Gateway or eMachines
branded products (e.g., printers, scanners, etc.).
The term of this Limited Warranty (the “Limited Warranty Period”) is identified in the reference
table included with this Agreement (“Warranty Reference Table”). The Limited Warranty Period
commences on the date of purchase by You. Your original purchase invoice (sales receipt)
showing the date of purchase of the Product is your proof of the date of purchase.
1. Product Limited Warranty. Acer warrants that its Products will be free from defects in
materials and workmanship for the Limited Warranty Period. During the Limited Warranty Period,
Acer will, at its option: (i) provide replacement parts necessary to repair the Product; (ii) repair the
Product or replace it with a comparable product; or (iii) refund the amount You paid for the
Product, LESS DEPRECIATION, upon its return. Replacement parts and Products will be new or
serviceably used, comparable in function and performance to the original part or Product and
warranted for the remainder of the original warranty period or, if longer, 90 days after they are
shipped to You.
2. Hardware Technical Support. During the Limited Warranty Period, Acer will provide Product
technical support. Please note that when contacting Acer via telephone, long distance and other
charges may apply, depending upon your calling area. The scope of technical support consists of
helping You diagnose and resolve problems with defects in Products covered by this Agreement,
and, for PC Products, reinstalling the factory-installed operating system and software to restore it
to the original factory configuration. Acer may provide technical support via on-line, telephone and
other methods. Acer may change the means through which it provides technical support at any
time without notice to You.
3. Limitations and Exclusions.
THIS LIMITED WARRANTY DOES NOT COVER AND ACER IS NOT RESPONSIBLE FOR:
•
DELIVERY OR INSTALLATION, OR LABOR CHARGES FOR INSTALLATION OR SETUP
OF THE PRODUCT, ADJUSTMENT OF CUSTOMER CONTROLS ON THE PRODUCT,
AND INSTALLATION OR REPAIR OF ANTENNA SYSTEMS OUTSIDE OF THE PRODUCT
•
DAMAGES CAUSED BY MISUSE, ABUSE, ACCIDENTS, FIRE, THEFT, DISAPPEARANCE,
MISPLACEMENT, FLUCTUATIONS AND POWER SURGES, CONNECTIONS TO
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IMPROPER VOLTAGE OR INCORRECT ELECTRICAL LINE VOLTAGE, VIRUSES,
MALWARE, RECKLESS, WILLFUL, OR INTENTIONAL CONDUCT.
•
DAMAGES CAUSED BY SERVICING NOT AUTHORIZED BY ACER.
•
DAMAGES CAUSED BY USAGE THAT IS NOT IN ACCORDANCE WITH PRODUCT
INSTRUCTIONS OR USER MANUALS.
•
DAMAGES CAUSED BY FAILURE TO FOLLOW THE PRODUCT INSTRUCTIONS OR
USER MANUALS OR FAILURE TO PERFORM CLEANING OR PREVENTIVE
MAINTENANCE.
•
DAMAGES CAUSED BY THE COMBINATION OF ACER BRANDED PRODUCTS WITH
OTHER NON-ACER BRANDED PRODUCTS, ACCESSORIES, PARTS OR COMPONENTS
OR USE OF PRODUCTS, EQUIPMENT, SYSTEMS, UTILITIES, SERVICES, PARTS,
SUPPLIES, APPLICATIONS, INSTALLATIONS, REPAIRS, EXTERNAL WIRING OR
CONNECTORS NOT SUPPLIED OR AUTHORIZED BY ACER WHICH DAMAGE THIS
PRODUCT OR RESULT IN SERVICE PROBLEMS.
•
SIGNAL ISSUES, RECEPTION PROBLEMS AND DISTORTION RELATED TO NOISE,
ECHO, INTERFERENCE OR OTHER SIGNAL TRANSMISSION AND DELIVERY
PROBLEMS.
•
RESULTS OF NORMAL USAGE, SUCH AS GRADUAL IMAGE DEGRADATION, UNEVEN
SCREEN AGING, BURNED-IN IMAGES AND PIXEL FAILURE WITHIN DESIGNED
SPECIFICATIONS OR THAT DO NOT MATERIALLY ALTER THE PRODUCTIONS
FUNCTIONALITY.
•
UNINTERRUPTED OR ERROR-FREE OPERATION OF THE PRODUCT.
•
SOFTWARE, INCLUDING THE OPERATING SYSTEM AND SOFTWARE ADDED TO
YOUR PRODUCT THROUGH OUR FACTORY-INTEGRATION SYSTEM, THIRD-PARTY
SOFTWARE, OR THE RELOADING OF SOFTWARE.
•
ANY EQUIPMENT OR COMPONENTS THAT WERE NOT INCLUDED IN YOUR PRODUCT
AS ORIGINALLY SOLD TO YOU.
•
NORMAL WEAR AND TEAR.
•
MINOR IMPERFECTIONS THAT MEET DESIGN SPECIFICATIONS.
•
COSMETIC DAMAGE THAT DOES NOT AFFECT FUNCTIONALITY.
•
PRODUCTS WHERE THE ACER SERIAL NUMBER IS MISSING, ALTERED OR DEFACED.
•
EXTERNAL SPEAKERS, KEYBOARDS AND MICE.
•
DAMAGE CAUSED AS A RESULT OF IMPROPER TRANSPORTATION OR
PACKING/PACKAGING WHEN RETURNING THE PRODUCT TO ACER OR AN ACER
AUTHORIZED SERVICE PROVIDER.
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•
A PRODUCT THAT REQUIRES MODIFICATION OR ADAPTATION TO ENABLE IT TO
OPERATE IN ANY COUNTRY OTHER THAN THE COUNTRY FOR WHICH IT WAS
DESIGNED, MANUFACTURED, APPROVED AND/OR AUTHORIZED, OR REPAIR OF
PRODUCTS DAMAGED BY THESE MODIFICATIONS.
ANY WARRANTY APPLICABLE TO SOFTWARE, INCLUDING OPERATING SYSTEMS, OR
NON-ACER BRANDED PRODUCTS IS PROVIDED BY THE ORIGINAL MANUFACTURER.
4. Instructions for Obtaining Warranty Service. For specific instructions on how to obtain
warranty service for your Product, please refer to the Warranty Reference Table contained in this
booklet.
To obtain warranty service:
•
You must assist Acer in diagnosing issues with your Product and follow Acer’s warranty
processes.
•
You must obtain warranty service from Acer or an Acer Authorized Service Center. Acer will
not reimburse You for service performed by others.
•
You may be required to deliver and retrieve your Product to and from Acer or an Acer
Authorized Service Center at your expense. When sending a Product to Acer or the Acer
Authorized Service Center, You must deliver the Product, freight prepaid, in either its original
packaging or packaging affording an equal degree of protection. You are responsible for
properly packaging your Product, paying all shipping costs, insurance costs, loss or damage
to the Product during shipping, and any other taxes, fees, duties or charges associated with
transporting the Product to Acer or an Acer Authorized Service Center. YOU ARE
RESPONSIBLE FOR ANY DAMAGE TO YOUR ACER PRODUCT DURING SHIPMENT TO
ACER OR AN ACER AUTHORIZED SERVICE CENTER.
•
Before providing your Product to Acer or an Acer Authorized Service Center for service,
remove any confidential, proprietary or personal information, and removable media, such as
floppy disks, CDs, or PC Cards.
•
If Acer asks You to return defective parts or Products, You must do so within 15 days after
You receive the replacement parts or Products. Acer will charge You for replacement parts or
Products if You fail to do so. All exchanged parts and Products replaced under this
Agreement will become the property of Acer.
IT IS YOUR RESPONSIBILITY TO BACK UP THE CONTENTS OF YOUR HARD DRIVE
BEFORE SERVICES ARE PERFORMED AND REMOVE ANY DATA FROM PARTS OR
PRODUCTS RETURNED TO ACER OR AN ACER AUTHORIZED SERVICE CENTER,
INCLUDING ANY DATA YOU HAVE STORED OR SOFTWARE YOU HAVE INSTALLED ON
THE HARD DRIVE. It is possible that the contents of your hard drive will be lost or reformatted in
the course of service and Acer will not be responsible for any damage to or loss of any programs,
data, or other information stored on any media or any part of any Product serviced. IF DURING
THE REPAIR OF THE PRODUCT THE CONTENTS OF THE HARD DRIVE ARE ALTERED,
DELETED, OR IN ANY WAY MODIFIED, ACER IS NOT RESPONSIBLE FOR ANY LOSS OF
YOUR DATA WHATSOEVER. YOUR PRODUCT WILL BE RETURNED TO YOU CONFIGURED
TO THE ORIGINAL FACTORY CONFIGURATION (SUBJECT TO AVAILABILITY OF
SOFTWARE).
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5. Implied Warranties. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ANY
IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT IS LIMITED IN DURATION TO THE DURATION OF THIS
WARRANTY.
Commercial Purchasers: Acer extends the above limited warranty to purchasers of Products for
industrial, commercial and business use upon the same terms and conditions and exclusions
applicable to consumer purchasers. HOWEVER, WITH RESPECT TO COMMERCIAL
PURCHASERS, ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT,
ARE EXCLUDED AND DISCLAIMED.
6. Limitation of Liability. ACER SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR
CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY.
ACER’S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE YOU PAID FOR
PRODUCTS OR SERVICES PLUS INTEREST ALLOWED BY LAW. ACER IS NOT LIABLE TO
YOU FOR EVENTS BEYOND ACER'S CONTROL, SUCH AS ACTS OF GOD, VIRUSES,
PROPERTY DAMAGE, LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS,
LOST DATA OR OTHER CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES,
HOWSOEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
Some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential
damages, or allow limitations on how long an implied warranty lasts, so the above limitations may
not apply to you. This Agreement gives you specific legal rights and you may have other rights
which vary from state to state, jurisdiction to jurisdiction or province to province.
7. Binding Arbitration. [BINDING ARBITRATION PROVISIONS ARE NOT APPLICABLE TO
QUEBEC CONSUMERS] THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN
YOU AND ACER WILL BE RESOLVED BY MANDATORY AND BINDING ARBITRATION TO
THE FULLEST EXTENT PROVIDED BY LAW. YOU THUS GIVE UP YOUR RIGHT TO GO TO
COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS AGREEMENT (EXCEPT FOR
MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT AS FURTHER SET FORTH
BELOW IN THIS SECTION 7).
To the fullest extent provided by law, and except as otherwise provided below, You and Acer
agree that any Dispute (as further defined below in this Section 7) between You and Acer will be
resolved exclusively and finally by binding arbitration administered by the American Arbitration
Association (AA) and conducted in accordance with the AAA’s Supplementary Procedures for
Consumer-Related Disputes of the Commercial Arbitration Rules and the Consumer Due Process
Protocol.
YOUR RIGHTS WILL THEREFORE BE DETERMINED BY A NEUTRAL
ARBITRATOR AND NOT A JUDGE OR JURY. You and Acer will agree on another arbitration
forum if AAA ceases operations.
The arbitration will be conducted before a single arbitrator, and will be limited solely to the
Dispute between You and Acer. Arbitration is a process whereby a dispute is submitted to an
arbitrator, for a final and binding determination, known as the award. The arbitrator is an
individual, similar to a judge, who reviews and weighs evidence provided by both parties, and
renders an award enforceable in court. Arbitrator decisions are as enforceable as any court order
and are subject to VERY LIMITED REVIEW BY A COURT. YOU ACKNOWLEDGE THAT, BY
WAY OF THIS AGREEMENT, YOU AND ACER WAIVE ALL RIGHTS TO A JURY TRIAL.
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Rev.11.10.10
The arbitration, or any portion of it, will not be consolidated with any other arbitration and will not
be conducted on a class-wide or class-action basis. The arbitration shall be held at any
reasonable location near your residence by submission of documents, by telephone, online or in
person, whichever method of presentation You choose.
Under the AAA Supplementary Procedures for Consumer-Related Dispute and Consumer Due
Process Protocol, You retain the right to seek relief in a small claims court for Disputes within the
scope of the small claims court’s jurisdiction.
If You prevail in the arbitration of any Dispute with Acer, Acer will reimburse You for any fees You
paid to AAA in connection with the arbitration. ANY DECISION RENDERED IN SUCH
ARBITRATION PROCEEDINGS WILL BE FINAL AND BINDING ON THE PARTIES, AND
JUDGMENT MAY BE ENTERED THEREON IN ANY COURT OF COMPETENT
JURISDICTION.
Should either party bring a Dispute in a forum other than as set forth above, reasonable costs and
expenses, including legal fees, incurred in staying or dismissing such other proceedings or in
otherwise enforcing compliance with this provision may be awarded to the other party. YOU
UNDERSTAND THAT, IN THE ABSENCE OF THIS PROVISION, YOU WOULD HAVE HAD A
RIGHT TO LITIGATE DISPUTES THROUGH A COURT, INCLUDING THE RIGHT, IF ANY,
AND SUBJECT TO THE RULES OF YOUR JURISDICTION, TO LITIGATE CLAIMS ON A
CLASS-WIDE OR CLASS-ACTION BASIS, AND THAT YOU HAVE EXPRESSLY AND
KNOWINGLY WAIVED THOSE RIGHTS AND AGREED TO RESOLVE ANY DISPUTES IN
ACCORDANCE WITH THE PROVISIONS OF THIS PARAGRAPH.
This provision shall be governed by the Federal Arbitration Act, 9 U.S.C. Section 1, et seq. For
the purposes of this Agreement, the term “Dispute” means any dispute, controversy, or claim
arising out of or relating to (i) this Agreement, its interpretation, or the breach, termination,
applicability or validity thereof; (ii) the related order for, purchase, delivery, receipt or use of any
product or service from Acer; or (iii) any other dispute arising out of or relating to the relationship
between You and Acer, its parents, subsidiaries, affiliates, directors, officers, employees,
beneficiaries, agents, assigns, component suppliers (both hardware and software), and/ or any
third party who provides products or services purchased from or distributed by Acer. The term
“You” means the original purchaser and those in privity with the original purchaser, such as family
members or beneficiaries.
Further information may be obtained from the AAA on line at www.adr.org, by calling 800-7787879, or writing to American Arbitration Association, 1633 Broadway, 10th Floor, New York, NY,
10019.
8. General. Acer and its subsidiaries and affiliates are intended beneficiaries of this Agreement.
Any inconsistency between this Agreement and any other agreement included with or relating to
products or services purchased from Acer, other than an extended service plan, shall be
governed by this Agreement. This Agreement may not be modified, altered or amended without
the written agreement of Acer which specifically states that the writing is intended to modify, alter
or amend this Agreement. Any additional or altered terms shall be null and void, unless expressly
agreed to in writing by Acer. If any term of this Agreement is illegal or unenforceable, the legality
and enforceability of the remaining provisions shall not be affected or impaired. [The following
provision is not applicable to Quebec consumers] THIS AGREEMENT AND ANY SALES
THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS,
WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
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9. Privacy Notice. You can review Acer’s Privacy Policy on our web site, located at http://www.
support.acer.com. Acer will maintain and use your customer information in accordance with its
Privacy Policy.
10. For Residents of Canada: This Agreement is subject to the applicable provisions of
Canadian consumer protection laws that cannot be derogated from by private agreement or
which may prohibit the application of any provision or stipulation herein. To the extent that any
stipulation or provision is so prohibited it: i) shall be construed as if it had been omitted from this
Agreement; (ii) will not affect the legality, validity or enforceability of that provision in any other
jurisdiction; and (iii) the remaining terms and provisions of this Agreement shall remain in full
force and effect. Without limiting the generality of the foregoing and notwithstanding anything to
the contrary contained herein, for residents of Quebec, British Columbia and Ontario the waiver
set out in Section 10 of this warranty does not apply and You retain the right to litigate disputes
before a court, including the right, subject to the rules of your jurisdiction, to litigate claims on a
class-action basis.
11. International Support: You must comply with all applicable export laws and regulations if
You export the product from the United States or Canada. Acer does not accept for return any
products purchased from a reseller. Customers outside the United States are responsible for
paying all freight and brokerage charges incurred in shipping, importing/exporting and receiving
replacement products and parts and for arranging and paying for the shipment of any defective
part(s) back to Acer.
All international customers are responsible for all customs duties, VAT, GST and other associated
taxes and charges.
Please send correspondence about this Agreement to:
Acer Customer Service
P.O. Box 6137
Temple, TX 76503
Current information on technical support and warranty policies, phone numbers and other service
information is available on our web sites listed on the Warranty Reference Table.
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