Lenovo ThinkPad Services Agreement [en, ar, bg, cs, da, de, el, es, fi, fr, he, hr, hu, id, it, ko, nb, nl, pl, pt, pt, ro, ru, sk, sl, sr, sv, tr, uk, zc, zh]

Service Contract – Lenovo Accidental Damage Protection Services
For ThinkPad Notebooks, Tablets and Mobile Workstations
Service Contract Terms and Conditions
Carefully read this entire document. It describes the terms under which Lenovo will provide accidental damage protection services ("Service") to You. Lenovo will provide this Service only in the United States and only if You accept the terms of this Agreement (“Agreement”). You accept these terms by using the Service (e.g., filing a repair claim). In addition, if You take no action within 30 days of receiving this package, You are deemed to have accepted these terms. See Section IX. A. for information on cancelling this Agreement.
If You do not accept these terms, do not use the Service. Instead, promptly notify Lenovo for a complete refund. To request a refund, You should, within thirty (30) days of receiving this package, call Lenovo at 1­866-428-4465 and request a refund or return this Agreement and Your Invoice together with a written request for a refund of the fees You paid to:
Lenovo Customer Relationship Management 1009 Think Place Morrisville, NC 27560 Attn: Lenovo Accidental Damage Protection Services Administrator
I. DEFINITIONS AND INTRODUCTION
“You” and “Your” shall refer to the purchaser.
“We”, “Us” and “Our” shall refer to the “Obligor”/ “Provider” of this Agreement.
This Service is not available for consumer purchase in California and Florida.
This is an Agreement between You and the “Obligor”/”Provider” of this Agreement, Lenovo (United States) Inc. (“Lenovo”).
Lenovo is the “Administrator” of this Agreement.
The “Service” is Lenovo accidental damage protection, as described in this Agreement.
THE TERM AND SCOPE OF THIS AGREEMENT MAY
OVERLAP THE MANUFACTURER’S WARRANTY AND
ANY OTHER APPLICABLE EXTENDED WARRANTY; THIS AGREEMENT DOES NOT REPLACE THE MANUFACTURER’S WARRANTY OR OTHER APPLICABLE EXTENDED WARRANTY, BUT DOES PROVIDE CERTAIN ADDITIONAL BENEFITS DURING THE TERM OF THE MANUFACTURER'S WARRANTY AND OTHER APPLICABLE EXTENDED WARRANTY. LENOVO ACCIDENTAL DAMAGE PROTECTION IS NOT INSURANCE OR A SUBSTITUTE FOR INSURANCE.
The purchase of the Service is not required to obtain financing or purchase any product.
II. WHAT THIS AGREEMENT COVERS
A. Product: the covered notebook computer identified on Your Service invoice (Invoice).
B. Covered Product Features: This Agreement covers Product components installed in your Lenovo notebook at the time of purchase, including the internal central processing unit, integrated hard disk drive, integrated optical drive, integrated
keyboard, integrated pointing devices, integrated LCD screen, optional features installed by Lenovo at the time of Product purchase, and other componentry that Lenovo includes as a standard feature with the Product. THIS AGREEMENT DOES NOT COVER: external peripherals and accessories including, optional features not installed by Lenovo at the time of Product purchase, external keyboards, mice, printers, scanners, external drives, software (preloaded or purchased separately), tape, disks, CDs, DVDs, film or other media, third-party products (those not bearing the Lenovo logo), even if sold by Lenovo.
C. Coverage Period: The coverage period shall begin on the warranty start date of the covered product and will expire at the end of the term specified in Your Invoice. Notwithstanding the above, the coverage period will end prior to the expiration date of this Agreement if we have, as a result of service provided to You, replaced Your product.
D. Scope of Service: Pursuant to this Agreement, We will repair or, if in our sole discretion if we decide it is necessary, replace the Product if it experiences operational or structural failures resulting under normal operating conditions and handling due to liquid spills on the keyboard, unintentional drops and bumps of the Product, an electrical surge that damages the Product’s circuitry, or the failure of the integrated LCD screen. Service is available only in the United States.
E. Additional Optional Coverage. The terms and conditions of the manufacturer’s warranty and any applicable extended warranty related to the Product are provided to You in a separate agreement and, unless expressly provided in your state’s disclosure section below, are not part of this Agreement.
III. WHAT THIS AGREEMENT DOES NOT COVER:
A. PARTS INTENDED TO BE REPLACED OR CONSUMED (E.G., BATTERIES, ) OR COSMETIC DAMAGE;
B. DAMAGE OR ALTERATION FROM INTENTIONAL MISUSE, MODIFICATION, AN UNSUITABLE PHYSICAL OR OPERATING ENVIRONMENT, IMPROPER MAINTENANCE BY ANYONE OTHER THAN LENOVO AUTHORIZED
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Service Contract – Lenovo Accidental Damage Protection Services
SERVICE PROVIDERS, REMOVAL OF ORIGINAL PARTS OR ALTERATION OF A PRODUCT OR IDENTIFICATION LABELS, OR DAMAGE CAUSED BY A PRODUCT NOT COVERED UNDER THIS AGREEMENT;
C. THEFT, LOSS OR DAMAGE FROM FIRE, FLOOD, OR FORCE MAJEURE;
D. CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE AND LOSS OF OPPORTUNITY, EVEN IF WE ARE INFORMED OF THEIR POSSIBILITY;
IV. WHAT TO DO WHEN YOUR PRODUCT REQUIRES SERVICE
To obtain Service, You must follow the problem determination and resolution procedures detailed in the service and troubleshooting guide that was provided with Your Product. If You are unable to resolve a problem by following the troubleshooting instructions provided with the Product, please call 1-800-426-7378 to speak with one of our technicians. Telephone support is available 24 hours per day, 7 days per week (may exclude some holidays); response time will vary and You may experience delays during peak periods. You will be asked to provide information and assistance over the telephone to help the technician identify a solution to Your problem. If Your problem cannot be resolved over the telephone, Lenovo will provide Service as specified below.
You may be asked to present Your Invoice to confirm Your entitlement to Service. If Your Product does not function properly under normal use during the term specified in Your Invoice because it has experienced the failures as described in Section D, Lenovo will repair the Product to be free from defects in material and workmanship, or in our sole discretion, replace it with a Product that is at least functionally equivalent. Any replacement part provided under this Agreement is treated as identical to the part replaced for purposes of this Agreement and any other warranty or service offering to which the original part or Product was subject.
Repairs for accidental damage protection coverage will be performed in the following manner: If the Product requires
Service, a technician will make an initial diagnosis of Your problem and will attempt to help You resolve it through the telephone. In most situations, this will be the fastest way to respond to problems with Your Product. If Your problem can be resolved with a Customer Replaceable Unit (“CRU”) (e.g., memory, certain disk drives, certain CD-ROMs, and other easily replaced parts that You are capable of replacing), Lenovo will ship these parts to You for Your replacement. You are responsible for packing the replaced CRU in the shipping container that contained the replacement part, affixing the shipping label to the package, and scheduling pick-up with the authorized courier listed on the shipping label for return to Lenovo within thirty (30) days or you will be charged for the replacement.
If Lenovo repairs Your Product, You understand and agree that Lenovo may replace original parts with parts from the original manufacturer, or a different one. Replacement parts or Product may not be new, but will be in good working order and at least functionally equivalent to the item replaced. When a Product or its parts are replaced, each replaced item becomes Our property and the replacement becomes Yours. We will provide You with a shipping container for You to return the Product to a designated service center where We will perform repairs before returning the Product to You. If the required parts are available at the repair center, We will attempt to repair and return the Product to You within three (3) business days from the day We receive the Product at the service center. Your signature will be required upon delivery when we return Your Product.
In addition to Your other responsibilities under this Agreement, You agree to the following when obtaining accidental damage protection Service: (a) follow the packing and shipping instructions included with the shipping container; and (b) return the Product through the shipper We designate within twenty-one (21) calendar days of the day You receive the shipping carton. We are not responsible for damage, or risk of loss due to improper packing or use of a shipper that We do not designate.
V. YOUR ADDITIONAL REQUIREMENTS AND RESPONSIBILITIES
You acknowledge and agree that Our provision of Service is contingent upon Your full satisfaction of the obligations specified in this Agreement.
WE RESERVE THE RIGHT TO REFUSE SERVICE IF YOU FAIL TO PERFORM ANY OF YOUR OBLIGATIONS, AND WE, OUR EMPLOYEES, AGENTS AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY DELAY OR DAMAGES INCURRED BY YOU IF YOU FAIL TO PERFORM ANY OF YOUR OBLIGATIONS. FAILURE TO FOLLOW THE PROCEDURES SET OUT IN THIS AGREEMENT MAY RESULT IN SERVICE DELAYS, OR IMPACT YOUR ABILITY TO RECEIVE SERVICE, OR RESULT IN ADDITIONAL CHARGES TO YOU. IN SUCH INSTANCES WHERE SERVICE IS REFUSED DUE TO YOUR FAILURE TO MEET YOUR OBLIGATIONS, SERVICE WILL BE INSTITUTED WHEN YOU HAVE COMPLIED WITH YOUR OBLIGATIONS UNDER THIS AGREEMENT.
In addition to Your other responsibilities described elsewhere in this Agreement:
A. Before We replace a Product or part, You agree to remove all features, options, alterations, and attachments not originally included with the Product or part (such as upgrade cards);
B. If technically possible, you will remove or secure all proprietary, confidential or personal data before presenting the Product to Us for repair or replacement and back up valuable information and data in a format external to the Product to enable You to reconstruct lost or altered data or programs if necessary;
C. You will use and store the Product under the physical and operating conditions specified by the manufacturer;
D. You will perform all routine and preventative maintenance recommended by the manufacturer;
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Service Contract – Lenovo Accidental Damage Protection Services
E. You will ensure that all replaced items are free of any legal obligations or restrictions that prevent their exchange;
F. You will disable any passwords or other security measures that may inhibit diagnostics or repairs on Your Product;
G. You will follow Our instructions for requesting Service, assisting with problem diagnosis, analysis and resolution; and
H. You will ensure that each returned part is one that originally came installed with Your Product, or was subsequently installed by an authorized service provider, (or was provided to You as a CRU to replace such a part).
VI. LIMITED SERVICES WARRANTY; DISCLAIMER OF WARRANTIES
We warrant only that the Services will be performed in a professional and workmanlike manner. NO OTHER EXPRESS WARRANTIES ARE PROVIDED TO YOU. ANY IMPLIED WARRANTIES ARE LIMITED TO THE TERM OF THIS SERVICE AGREEMENT. NO INFORMATION OR ADVICE (WRITTEN OR ORAL) PROVIDED TO YOU BY US OR OUR CONTRACTORS, WILL CREATE A WARRANTY BY US OR INCREASE THE SCOPE OF THIS SERVICE AGREEMENT. THIS SERVICE AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
VII. LIMITATION OF LIABILITIES
OUR LIMIT OF LIABILITY FOR ANY CLAIM UNDER THIS AGREEMENT IS THE COST TO REPAIR OR REPLACE YOUR COVERED PRODUCT IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, NOT TO EXCEED THE PURCHASE PRICE ACTUALLY PAID FOR THE PRODUCT AND THE AGREEMENT PLEASE NOTE, UNDER NO CIRCUMSTANCES ARE WE JOINTLY OR SEVERALLY LIABLE FOR ANY OF THE FOLLOWING: (1) THIRD-PARTY CLAIMS AGAINST YOU FOR LOSSES OR DAMAGES; (2) LOSS OF, OR DAMAGE TO, YOUR RECORDS, FILES OR DATA; OR (3) SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST REVENUE, PROFITS OR SAVINGS), EVEN IF WE ARE INFORMED OF THEIR POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF SUCH DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
VIII. ARBITRATION
READ THE FOLLOWING ARBITRATION PROVISION ("PROVISION") CAREFULLY. IT LIMITS CERTAIN OF YOUR RIGHTS, INCLUDING YOUR RIGHT TO OBTAIN RELIEF OR DAMAGES THROUGH COURT ACTION.
As used in this Provision, "You" and "Your" mean the person or persons named in this Agreement, and all of his/her heirs, survivors, assigns and representatives. And, “We” and “Us” shall mean the Obligor identified above and shall be deemed to include all of its agents, affiliates, successors and assigns, and any retailer
or distributor of its Products, and all of the dealers, licensees, and employees of any of the foregoing entities. Any and all Claims, disputes, or controversies of any nature whatsoever (whether in contract, tort or otherwise, including statutory, common law, fraud (whether by misrepresentation or by omission) or other intentional tort, property, or equitable Claims) arising out of, relating to, or in connection with (1) this Agreement or any prior Agreement, and the purchase thereof; and (2) the validity, scope, interpretation, or enforceability of this Provision or of the entire Agreement (“Claim”), shall be resolved by binding arbitration before a single arbitrator. All arbitrations shall be administered by the American Arbitration Association (“AAA”) in accordance with its Expedited Procedures of the Commercial Arbitration Rules of the AAA in effect at the time the Claim is filed. The terms of this Provision shall control any inconsistency between the AAA's Rules and this Provision. You may obtain a copy of the AAA's Rules by calling (800) 778-7879. Upon written request We will advance to You either all or part of the fees of the AAA and of the arbitrator. The arbitrator will decide whether You or We will be responsible for these fees. The arbitrator shall apply relevant substantive law and applicable statute of limitations and shall provide written, reasoned findings of fact and conclusions of law. This Provision is part of a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. If any portion of this Arbitration Provision
is deemed invalid or unenforceable, it shall not invalidate the remaining portions of the Arbitration Provision.
This Arbitration Provision shall inure to the benefit of and be binding on You and Us and its Provision shall continue in full force and effect subsequent to and notwithstanding the expiration of termination of this Agreement. You agree that any arbitration proceeding will only consider Your Claims. Claims by, or on behalf of, other individuals will not be arbitrated in any proceeding that is considering Your Claims. You and We understand and agree that because of this Arbitration Provision neither You nor We will have the right to go to court except as provided above or to have a jury trial or to participate as any member of a class of claimants pertaining to any Claim.
This arbitration provision does not prohibit a California resident from following the process to resolve complaints as outlined by the California Bureau of Electronic and Appliance Repair (BEAR). To learn more about this process, You may contact BEAR at 1-800-952-5210, or You may write to Department of Consumer Affairs, 3485 Orange Grove Avenue, North Highland, California 95660, or You may visit their website at www.bear.ca.gov.
IX. GENERAL TERMS
A. Cancellation:
1. You may cancel this Agreement at any time for any reason by sending a written notice to: Lenovo Accidental Damage Protection Administrator Center at the address provided at the top of this Agreement.
2. If You cancel within thirty (30) calendar days of the date on Your Invoice, You will receive a full refund less the actual costs incurred in providing Service to You during this period. If You cancel more than thirty (30) calendar days after the date on Your Invoice, You will receive a pro rata refund based on the time expired less a cancellation fee of twenty five dollars ($25) or ten percent (10%) of the pro rata amount (whichever is less) and less the actual costs incurred in providing any Service to You.
3. We may cancel this Agreement for fraud, material misrepresentation, or non-payment by You; or if required to do so
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