Konica Minolta and Customer
agree that equipment installation and maintenance services (Services)
provided by Konica Minolta to Customer shall be performed pursuant
to the terms and conditions set forth below.
This limited warranty is extended by Konica Minolta
only to the original end-user of the accompanying Konica Minolta
product. This limited warranty is valid only within the borders
of the country where the product was originally purchased. This
warranty covers defects in materials and workmanship in the
product under normal use and service. Konica Minolta will send
a permanent replacement unit if your product is determined to
be defective. Konica Minolta reserves the right to substitute
a different make or model product that has similar or greater
capabilities than the original product in the event that a Product
is returned for replacement pursuant to this Warranty that has
reached its end of life or is no longer available. Service is
restricted in certain areas. Replacement parts and products
(where applicable) will be shipped as quickly as possible and
in no event later than three business days from acceptance of
the warranty claim. All shipping charges are covered under this
plan. Contact Konica Minolta for details of this exchange program
at (USA/Canada) 877-778-2687. This warranty gives you specific
legal rights, and you may also have other rights which vary
from jurisdiction to jurisdiction.
Term
Depending on the warranty extension purchased, the warranty
shall be 1 or 2 years from the end of previous warranty date.
There shall be no warranty after the expiration of the warranty
period. This warranty is in lieu of all other express warranties
which might otherwise arise with respect to the product. No
one is authorized to change or add to this warranty. Any and
all implied warranties of merchantability and fitness for a
particular use shall have no greater duration than the period
of coverage stated herein and shall terminate automatically
upon the expiration of such period. Some jurisdictions do not
allow limitations on how long an implied warranty lasts, so
the above limitation may not apply to you.
You are solely responsible for
failure of the product which results from accident, abuse,
misapplication or alteration of the product, and Konica Minolta
assumes no liability as to consequence of such events under
the terms of this warranty.
This warranty does not cover damage to the product due to
improper site preparation, improper or inadequate maintenance,
normal wear and tear, usage of non-supported print media,
use of customer supplied software or interfaces, unauthorized
modification or service, operation outside of environmental
specifications, duty cycle abuse, or use of non-supported
consumables. While Konica Minolta has made every reasonable
effort to provide clear and accurate technical information
about the application of the product, Konica Minolta assumes
no liability for any events arising out of the use or inability
to use this technical information. Incidental and consequential
damages caused by malfunction, default, or otherwise with
respect to the breach of this warranty are not the responsibility
of Konica Minolta and are hereby excluded both for property
and, to the extent not unconscionable, for personal injury
damage, even if the occurrence and extent of such damage were
foreseeable and even in the event of the failure of an exclusive
remedy. Some jurisdictions do not allow the exclusion or limitation
of incidental or consequential damages, so the above exclusion
or limitation may not apply to you.
Registration
The customer must register the extended warranty product within
ten (10) days of purchase of the Extended Warranty.
Additional Charges
Services which must be performed as a result of any
of the following conditions shall be subject to additional charges
for labor and parts: equipment alterations not authorized in
writing by Konica Minolta; damage resulting from improper use;
in transit damage; accident, neglect, power surge, operating
environment or the use of supplies or accessories which are
not in conformance with the manufacturer's specifications; or
any event including normal use and wear.
Exclusive
Warranty and Remedy
Konica Minolta's exclusive warranty is that Service will be
performed in a workmanlike fashion and all parts provided by
Konica Minolta will be free of defects in materials and workmanship
at the time of installation. In the event that Konica Minolta
breaches this warranty, Konica Minolta's sole obligation and
Customer's exclusive remedy shall be to have Konica Minolta
make all necessary adjustments, repairs or replacement of parts
which were defective at the time of installation. There are
no other express or implied warranties concerning any Service,
parts, supplies or expendable items hereunder. Konica Minolta
does not guarantee that the operation of the equipment will
be uninterrupted or error free. Konica Minolta DISCLAIMS THE
IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. THE FORGOING SHALL BE THE SOLE REMEDY OF THE CUSTOMER
FOR BREACH OF WARRANTY.
details
Limitation
of Liability
IN NO EVENT WILL KONICA MINOLTA BE LIABLE IN CONTRACT,
TORT OR OTHERWISE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL OR
INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, LOST BUSINESS
PROFITS NOR DAMAGE OR DESTRUCTION OF DATA EVEN IF Konica Minolta
HAS BEEN ADVISED OF SAME. Except as to personal injury, Konica
Minolta's maximum liability will be limited in any event to
the higher of actual damages incurred by the Customer which
are caused solely by the acts or omissions of Konica Minolta
(subject to a maximum of twelve (12) months duration) or $10,000.
Customer agrees to provide Konica Minolta with prompt written
notification regarding the specifics of any claim for damages
and to provide with a reasonable opportunity to investigate.
NO LIMITATION OF DAMAGES FOR PERSONAL INJURY IS INTENDED.
Notices
All notices shall be in writing and all notices and
payments shall be sent to the recipient at the respective address
shown on the face of this Extended Exchange Warranty.
Force
Majeure
Neither party shall be liable for any delay or failure
to perform its obligations due to any cause beyond its reasonable
control.
Limitation
of Actions
No action, regardless of form or basis arising out
of transactions related to the Extended Exchange Warranty or the Service
performed or to be performed may be brought by either party
more than two (2) years after the cause of the action has occurred
except that an action for non-payment may be brought within
two (2) years after the date of the last payment.
Waiver
No action, regardless of form or basis arising out
of transactions related to these services performed, or to be
performed, may be brought within two (2) years after the date
of the last payment.
Entire
Agreement
This Extended Exchange Warranty shall be governed by the laws
of the State of Alabama. This Extended Exchange Warranty constitutes
the entire agreement between the parties and may only be modified
by a written instrument executed by the Customer and an authorized
official of Konica Minolta. Any term or condition of an offer
set forth on any purchase order or other document submitted
by Customer which is inconsistent with any term or condition
of this Extended Exchange Warranty shall be of no force or effect. Neither
Customer nor Konica Minolta will be bound by any oral agreement
or representation irrespective of by whom or when made. Customer
may not reassign this Extended Exchange Warranty without prior written
consent of Konica Minolta, which consent will not be unreasonably
withheld.
For Warranty Service
USA/Canada 877-778-2687
For
warranty service outside the U.S.A. and Canada, please contact
the distributor or Konica Minolta reseller from whom the product
was purchased.
If
you require technical assistance, please call Konica Minolta
support at 877-778-2687.
Go to Support
Service: 877-778-2687
Konica
Minolta Business Solutions U.S.A.
Extended Exchange Warranty
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