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:
“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
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;
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