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1. Service Plan
It is the expectation of the
Manufacturer that the Equipment will be free from defects in workmanship and material for one year from the Commencement Date.
However, in the event the Customer detects and reports to Falcon Computers, Inc (FCI) during the Service Period a defect in
the workmanship or material of the Equipment, then FCI shall provide to the Customer the services hereinafter described, subject
to all of the terms and conditions of this Service Plan and subject to all of the terms and conditions of the agreement between
FCI and the Manufacturer.
A. Definitions
As used in this Service Plan,
the following terms shall have the following meanings: (1) Equipment” shall mean the computer hardware system with which
this Service Plan is enclosed; (2) ‘Manufacturer” shall mean the original Equipment manufacturer; (3) Customer”
shall mean only the end-user of the Equipment who is located in the continental United States and who is either the original
purchaser of the equipment from the Manufacturer, from an authorized reseller, or an authorized person who receives a transfer
of this Service Plan as provided below; (4) “Person” shall mean an individual, partnership, association, corporation,
limited liability company, limited liability partnership, trust, estate, or other entity of any kind, as the case may be,
including but not limited to a governmental entity or subdivision thereof; (5) “Service period” shall mean the
one-year period commencing on the Commencement Date or any renewal period agreed to by Customer and FCI; (6) “Commencement
Date” shall mean the date on which the Equipment is first purchased by a customer from the Manufacturer or from an authorized
reseller.
B. Coverage
1) This Service Plan extends
only to Customers, and not to any other Person. To obtain performance under this Service Plan, a Customer should call CWS
at the toll free number appearing above and report a defect in the workmanship or material of the Equipment. It shall be the
Customer’s responsibility to prove the Commencement Date. For this reason, Customer should save Customer’s purchase
receipt. FCI reserves the right to refuse service to any Customer who cannot prove the Commencement Date. The return
of the Limited Service Plan Activation Form by Customer is not a condition precedent to obtaining performance under this Service
Plan. Only representatives of FCIZ or authorized FCI service providers may perform repairs on the Equipment under
this Service Plan. (2) During the Service Period, FCI will repair or replace, at the option of FCI, any Equipment having
a defect in material or workmanship. All replacement parts shall be provided by the Manufacturer, at no cost or predetermined
cost to FCI. FCI will return the Equipment to a functional operating system promptly. FCI will not reload Customer’s
software. All replacement parts shall also be covered under this Service Plan for the remainder of the Service Period or for
thirty (30) days, whichever is longer. (3) Some problems or defects may require FCI to reformat or replace a hard disk
drive. Under such circumstances all data on the disk drive may be lost. Neither FCI nor the authorized FCI service
providers shall be liable for the loss or destruction of data or media resulting from a defect In materials or workmanship
covered by this Service Plan or resulting from the services performed hereunder. The Customer is solely responsible for the
security of Customer’s data. FCI strongly advises Customer to implement and maintain a daily routine to backup
data to minimize the loss of data in the event of Equipment failure. If the warranty holder has subscribed to the “free”
online backup services provided with each FCI warranty (up to 1GB) then FCI’s technicians will assit with downloading
the backed up information to the new hard drive as part of the repair or replacement services. (4) FCI will attempt to
diagnose problems over the telephone. Telephone technical services are available on the FCI toll-free service line 24
hours per day, 7 days per week, excluding holidays. (5) FCI will provide On-site service as necessary Monday through
Friday, excluding holidays, between the hours of 8:00 A.M. and 5:00 PM. Customer’s local time.
C. Exclusions
This Service Plan does not include:
(1) Installation or set-up of the Equipment; (2) Service needed as a result of moving the Equipment; (3) Damage to the exterior
surface or housing of the Equipment; (4) Problems resulting from negligence, misuse, abuse, or other physical casualty to
the Equipment: improper maintenance; electrical disturbances; acts of nature; or work, attachments, additions, alterations,
or modifications by persons other than authorized FCI service providers: (5) Service needed as a result of improper operating
environment: (6) Any problem not involving a defect in the Equipment hardware, including, but not limited to, software problems
and errors, programming problems and errors, software incompatibility problems, software installation problems and errors,
and operating system problems and errors: (7) Any problem that cannot be solved by replacement of defective Equipment hardware:
(8) Use of any item with the Equipment if the item is not designated for use with the Equipment; or (9) Any computer system
that is not fully functional at the time it is purchased and installed by Customer.
2. Exculpation
The maximum liability of FCI under
this Service Plan is limited to the cost of replacing any defective Equipment. FCI shall not be liable to the Customer
for incidental and consequential damages. Some States do not allow the exclusion or limitation of incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
This Service Plan gives you specific legal rights,
and you may also have other rights, which vary from State to State. FCI has provided this Service Plan pursuant to an
agreement between the Manufacturer and FCI. All of the obligations of FCI under the agreement run solely to the Manufacturer.
Under no circumstances shall a Customer or any other Person ever be deemed to be a third-party beneficiary of the agreement.
In the event FCI fails for any reason to provide services to Customer under this Service Plan, Customer shall have no
recourse against FCI.
3. Responsibilities of
Customer
Customer shall: (1) operate
the Equipment in an environment meeting the Manufacturer’s specifications: (2) protect the supply of electricity to
the Equipment through the use of appropriate surge protection devices: (3) comply with the Manufacturer’s operating
manual: (4) promptly report to FCI any diagnostic messages: (5) permit no work on the Equipment except by authorized FCI
service providers: (6) have an adult representative present whenever FCI provides support services; (7) perform such
diagnostic procedures or programs as requested by an authorized FCI service provider; (8) safeguard and deliver to an
authorized FCI service provider all replacement parts shipped by the Manufacturer to Customer. All replacement parts and other
items shipped to Customer must be accounted for to the Manufacturer. Either the part to be replaced or the replacement part
or item shipped to Customer must be returned to the Manufacturer. Customer assumes financial responsibility for all parts
and accessories, including, but not limited to, cables, diskettes and manuals, shipped to Customer until the item or part
replaced is returned to the Manufacturer.
4. Transfer of Service
Plan
This Service Plan may be transferred
at any time during the original term hereof for
a transfer fee of $25.00. The transferee succeeds to the remaining term
of the Service
Plan. Please call the FCI toll-free service line for information.
5. Indemnification
FCI shall not be liable
for, and Customer hereby indemnifies and holds CWS and every authorized FCI service provider harmless from, any and all
loss, damage, claim, or cause of action, direct or indirect, incidental or consequential, occurring to Customer, or to the
employees or agents of Customer, or to any other third party, or to the property of any of the foregoing, which may arise
as a result of any defect covered by this Service Plan or as a result of any service performed under this Service Plan.
6. Parts Availability
Because of the rapid development
of technology in the computer industry, or for other reasons, a particular part may not be available from the Manufacturer.
In such an event, FCI will make reasonable efforts to locate a compatible replacement part from other sources. If FCI
cannot locate a compatible replacement part, then, if possible, FCI will offer to upgrade Customer’s system to
the least expensive configuration that can be serviced. If Customer elects to accept the offer to upgrade, then Customer shall
prepay FCI for the cost of the upgrade. In the event Customer chooses not to accept the upgrade, FCI shall not be
responsible to make repairs under this Service Plan.
7. Constructions and Interpretation
Customer’s return of Limited
Service Plan Activation Form or Customer’s first use of the toll-free service line shall constitute Customer’s
acceptance of and acquiescence to the terms of this Service Plan including the indemnification provisions. This Service Plan
shall be governed by and construed in accordance with the laws of the State of Wyoming.
Minimum Computer Configurations
Requirements for extended warranty participation. Desktops/Mid towers require a 2.0Mhz processor or above. Laptops/Notebooks
require a 1.5Ghz processor or above.
24/7 Help Desk starts immediately. Onsite repair with parts and Labor will begin
after 15 days from acceptance of the warranty. |
