Dell|Accid

dentalDamaggeServvice
ustomeers
forConsumerCu
Se
erviceDescriptio
onU.SS.
BY ACC
CEPTING THE
E SERVICES AND SUPPOR
RT DESCRIBE
ED ON YOUR
R INVOICE, Y
YOU AGREE TO BE
BOUND BY AND ACC
CEPT THE TER
RMS AND CON
NDITIONS HER
REIN. PLEASE
E READ THIS AGREEMENT
T IN ITS
T
AND CONDITIONS
S (THIS AGR
REEMENT) W
WILL SUPPLE
EMENT, AND IF IN
ENTIRETY. THESE TERMS
CONFLICT WITH WILL
W
CONTRO
OL, THE TER
RMS AND C
CONDITIONS OF ANY AP
PPLICABLE S
SIGNED
MENT BETWE
EEN YOU AN
ND DELL (INC
CLUDING WIT
THOUT LIMITA
ATION, DELLS STANDARD KEY
AGREEM
CUSTOM
MER PURCHA
ASE AGREEM
MENT) OR, IN THE ABS
SENCE OF S
SUCH AN AG
GREEMENT, D
DELLS
STANDA
ARD U.S. CO
ONSUMER TE
ERMS OF SAL
LEDIRECT F
FOR CONSUM
MER CUSTOM
MERS PURCH
HASING
DIRECT
TLY FROM DE
ELL OR DEL
LLS RETAIL PURCHASER END-USER AGREEMENT
T FOR CONS
SUMER
CUSTOM
MERS PURCH
HASING THRO
OUGH A THIR
RD PARTY RE
ETAILER (see http://www.dell.com/terms). D
DELLS
STANDA
ARD INVOICE
E CONTAINING
G A DESCRIP
PTION OF TH
HE PRODUCT
T YOU PURCHASED IS HE
EREBY
INCORP
PORATED BY
Y REFERENCE
E IN ITS EN
NTIRETY INTO
O THIS AGRE
ENT IS
EEMENT. THIS AGREEME
BETWEE
EN YOU AN
ND DELL MARKETING
M
L.P.
L
OR TH
HE DELL EN
NTITY AS SPECIFIED IN
N THE
AFOREM
MENTIONED SIGNED AG
GREEMENT OR THE A
APPLICABLE STANDARD DELLTERMS
S AND
CONDIT
TIONS (DELL, WE, US, OR OUR). ALL
A
CAPITALIZ
ZED TERMS A
AND CONDITIIONS NOT DE
EFINED
HEREIN
N SHALL HAV
VE THE MEAN
NING SPECIF
FIED IN THE AFORMENTIO
ONED SIGNED
D AGREEMEN
NT OR
DELLS STANDARD INVOICE TER
RMS AND CO
ONDITIONS. THIS AGREE
EMENT REQU
UIRES THE USE OF
RATION ON AN
A INDIVIDUA
AL BASIS TO RESOLVE D
DISPUTES, RA
ATHER THAN
N JURY TRIALS OR
ARBITR
CLASS ACTIONS.
1.

Serv
vice Overview
w

For yourr one-time payment to Dell as specified on your invoice, information pa

age, or other order confirmatiion (the
Total Price)
P
for each
h product (Sup
pported Produ
uct) plus any applicable sale
es or similar ta
axes, Dell will provide
the Dell Accidental Dam
mage Service (Service) in accordance
a
witth this Agreem
ment for the term
m of Service sp
pecified
mation page, orr other order co
onfirmation. D
Dell Marketing L.P., One Delll Way, Round
d Rock,
on such invoice, inform
Texas 78682, is the only party oblig
gated to provide service un
nder this Agree
ement.
As further described below,
b
we will repair the Su
upported Prod uct as necesssary to correctt any damage to the
Supporte
ed Product whiich occurs duriing the usual and
a customary usage of the S
Supported Prod
duct and is cau
used by
either ac
ccidental damage from handling (including drops
d
and spillss) or an electriccal surge.
If we de
ecide that it is necessary to
t replace the
e Supported P
Product rather than repair itt, you will recceive a
replacem
ment device tha
at is equivalent to or better th
han the Suppo
orted Product yyou originally p
purchased from
m us, as
determin
ned by us in our
o sole and re
easonable disc
cretion. For a S
Supported Pro
oduct that is cllassified by De
ell as a
smart ph
hone or tablet (a
( Mobility Pro
oduct), within any consecutivve twelve-montth period within
n the term of S
Service,
this Serv
vice will provide
e a maximum of
o two (2) replacement device
es for each Mob
bility Product th
hat is properly entitled
to this Service at the tim
me of a Custom
mers request for
f a replaceme
ent device. Th
he twelve montth period is calculated
based on
o the date off first replacem
ment; thus, Customer will b
be entitled to a maximum o
of one (1) ad
dditional
replacem
ment during: a) the twelve months
m
followin
ng Customers first and/or prrevious replacement or b) th
he time
remainin
ng in the term of
o Service; whic
chever is shorte
er.
This is not a contract of insurance. Please
P
read this
s Agreement ca
arefully.
2.

Cov
vered Supportted Products: You must pay
y a separate To
otal Price for e
each Supported
d Product you wish to
be covered
c
by this
s Agreement. For
F example, a printer purcha
ased with a nottebook system is not covered
d by the
note
ebook systems
s service contrract. Instead, the printer an
nd the noteboo
ok will each ne
eed their own service
conttract. With re
egard to each Supported Pro
oduct covered
d by this Agree
ement the follo
owing general terms,
cond
ditions and exc
clusions shall apply:
a

Scope. Only
O
parts builtt in or on the ba
ase unit of the Supported Pro
oduct, including
g parts or acce
essories
that are required
r
for reg
gular operation
n of the base u
unit and shippe
ed at point of ssale, such as internal
memory, built-in LCD, internal compo
onents/switchess, built-in butto
ons, drawers, lids or panels, remote
controls, or cables are covered.
c

Accidenta
al Damage Servic
ce for Consumerr Customers
Rev: 1.0A
ADSCC
Ed: 09.07
7.2012ADSCC

3.

Limitatio
ons. This Agrreement does not cover exte
ernally-attache
ed computers, peripherals, o
or other
devices that may work in conjunction with the Suppo
orted Product, and this Agree
ement does no
ot cover
compone
ents, cases, television or mon
nitor wall moun
nts, wiring, or items classified as accesso
ories or
consuma
ables and not built in or on th
he base unit off the Supported
d Product, such
h as batteries tthat are
out of wa
arranty, light bu
ulbs, disposablle/replaceable print/ink cartrid
dges, print or p
photo paper, m
memory
disks, me
emory cards, SIM cards, dispo
osable memoryy devices, wire
e connections, carrying casess, stylus
pens, doc
cking stations, external mode
ems, external speakers, gam
me devices, ga
ame disks, seccondary
monitors, external mou
use for notebo
ooks, externall keyboard for notebooks, or other inputt/output
devices, any other com
mponents not internal to th
he Supported Product for w
which you purrchased
o other parts/c
components requiring regularr user maintena
ance.
Service, or

Hardware Only. This Agreement is for hardware o

only. This Serrvice does not cover software
e. This
software exclusion inclludes but is not
n limited to: 1) any defectts in or damage (including without
limitation virus-inflicted damage) to so
oftware preload
ded on, purchased with or oth
herwise loaded
d on the
are loaded thro
ough Custom F
Factory Integra
ation. In additio
on, this
Supported Product and 2) any softwa
Service does
d
not cover any other item
ms added throu
ugh Custom Fa
actory Integration. We will e
exercise
reasonab
ble efforts to, but
b this Agree
ement does no
ot guarantee that we will, re
epair or replacce nonsoftware Custom Factorry Integration ittems that may otherwise be e
excluded comp
ponents.

Sco
ope of Services:
a.

eplacement Se
ervice. During the term of th is Agreement a
and subject to the limitationss in this
Repair or Re
Agreement, we
w will repair th
he Supported Product as ne
ecessary to corrrect any dama
age to the Sup
pported
Product which
h occurs during
g the usual an
nd customary u
usage of the S
Supported Prod
duct and is cau
used by
either acciden
ntal damage fro
om handling (in
ncluding drops and spills) or a
an electrical surge.
If we repair your
y
Supported
d Product, you understand a nd agree that we may repla
ace original parts with
new or used parts
p
from the original
o
manufa
acturer, or a diifferent one. Re
eplacement pa
arts will be funcctionally
equivalent to the
t original parrts. In our discrretion, we may designate an a
affiliated comp
pany or contracct with a
third party to complete
c
repairs on the Supp
ported Product..
If we decide that
t
it is neces
ssary to replace
e the Supporte
ed Product rath
her than repairr it, you will receive a
Supported Pro
oduct equivalent to or better than
t
the Suppo
orted Product yyou originally p
purchased from
m us, as
determined by
y us in our sole
e and reasonab
ble discretion.

b.

Geographic Limitations & Relocation. This Service will be delivered to the site
e(s) indicated on the
Customers in
nvoice, informa
ation page, orr other order cconfirmation. Service optio
ons, including service
levels, technic
cal support hou
urs and respon
nse times will vvary by geogra
aphy and certaiin options mayy not be
available in Customers
C
loca
ation. Dells ob
bligation to pro
ovide Service fo
or a relocated Supported Pro
oduct is
subject to loc
cal Service av
vailability and may be subje
ect to addition
nal fees as we
ell as inspectio
on and
recertification of the relocatted Supported Products at D
Dells then currrent time and
d materials con
nsulting
rates. Support outside of the country in wh
hich Customerr purchased thiis Service mayy be available a
at Dells
discretion butt such service may not be available
a
in all countries, on all parts, or ffor all Custome
ers. In
addition, out of country support will not include any w
whole unit rep lacements. P
Please contact a Dell
port analyst forr additional details. Customerr will provide Dell with sufficie
ent and safe acccess to
technical supp
Customers fa
acilities or prem
mises at no costt to Dell for De
ell to fulfill Dellss obligations.

c.

Limits of Sup
pport Services
s. This Agreem
ment does not ccover and we a
are not obligate
ed to repair or replace:

Any Supported Produc

ct located outs
side of the cou
untry or site(ss) indicated on
n Customers iinvoice,
on page, or oth
her order confirrmation.
informatio

Any dama
age to or defec
ct in the Suppo
orted Product th
hat is cosmeticc. Under this A
Agreement, we are not
obligated to repair wea
ar and tear on
n the Supporte
ed Product an
nd other superficial items, ssuch as
scratches
upported Produ
s and dents tha
at do not materrially impair you
ur use of the Su
uct.

al Damage Servic
ce for Consumerr Customers
Accidenta
Rev: 1.0A
ADSCC
Ed: 09.07
7.2012ADSCC

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d.

Any Supp
ported Productt that anyone other
o
than Dell or a person w
we designate h
has tried to rep
pair. We
will not reimburse you for any repairrs that you or another perso
on make or atttempt to make
e to the
Supported Product.

Any Supp
ported Product that suffers da
amage in conne
ection with or a
as a result of in
ncorrect or inad
dequate
Customer Installation. Customer Ins
stallation shal l include any of the followin
ng performed by the
p
on behalf of the custome
er: (1) unpackin
ng or moving th
he Supported P
Product
Customer or any third party
orted Product to
o a wall or othe
er structure (orr removal of the same
(2) installation or mountting of a Suppo
a
(3) affixing of bracketss or other we ight bearing d
devices design
ned for
following installation) and
mounting
g or attachmen
nt to a wall or other structure
e (or removal o
of the same). Customer Insttallation
does not include installa
ation services purchased
p
from
m Dell.

Any Supp
ported Product that is lost or stolen.
s
To rece
eive repair or re
eplacement of a Supported P
Product,
you mustt return the dam
maged Supportted Product to us in its entiretty.

Any Supp
ported Product that is damaged by fire from
m an external so
ource, that is in
ntentionally dam
maged,
or damag
ged by misuse
e, abuse, failure
e to follow insttructions provid
ded with the S
Supported Prod
duct, or
use of the
e Supported Product in an in
ncorrect environ
nment. If we ffind evidence o
of intentional da
amage,
misuse, abuse, failure to follow insttructions provi ded with the Supported Product, or use of the
obligated to repair or repla
ace the
Supported Product in an incorrect environment, we are not o
Supported Product.

Any recovery or transfe

er of data store
ed on the Sup ported Producct. You are sole
ely responsible
e for all
data store
ed on the Supp
ported Productt, and it is yourr responsibility to complete a backup of all e
existing
data, sofftware, and pro
ograms on afffected productts before rece
eiving services (including tele
ephone
addition, you are responsib
support) or shipping products
p
back to Dell. In a
ble for removing any
y, or personall information a
and any remo
ovable media such as SIM cards,
confidenttial, proprietary
memory cards, CDs, or
o PC cards. We
W do not pro
ovide you anyy data recoveryy services und
der this
mines that rep
placement of a storage devvice or hard d
drive is
Agreement. However, if Dell determ
necessarry, we will relo
oad, at no cha
arge to you, th
he then-curren
nt version of m
major application and
operating
g system softw
ware you originally purchased
d from us, inclu
uding any insta
alled Custom Factory
Integratio
on applications
s. We do not, however, rep
present or warrrant and this Agreement do
oes not
obligate us
u to ensure that any installed
d Custom Facttory Integration
n applications w
will be compatib
ble with
the replac
cement Supported Product.

Preventiv
ve maintenance. It is not ne
ecessary that yyou perform a
any preventive maintenance on the
Product covere
Supported Product to ob
btain repair or replacement off a Supported P
ed by this Agre
eement.

Except as
s specifically provided
p
herein
n, any other da
amages that do
o not arise from
m defects in materials
or workm
manship or ordin
nary and customary usage off the covered S
Supported Prod
duct.

Any dam
mages arising from acts of God such as,, but not limitted to, lightnin
ng, flooding, to
ornado,
earthquak
kes, and hurric
canes.

Limitation of
o Liability. NEITHER
N
DEL
LL MARKETIN
NG L.P. NOR
R ITS AFFILIATES, PART
TNERS,
OFFICERS, DIRECTORS,
D
EMPLOYEES
E
OR AGENTS ARE LIABLE TO YOU, OR ANY SUBSEQ
QUENT
OWNER OR
R OTHER US
SER OF THE
E SUPPORTE
ED PRODUC
CT, FOR ANY
Y INCIDENTA
AL OR
CONSEQUEN
NTIAL DAMAG
GES, INCLUDING, BUT NOT
T LIMITED TO
O, LIABILITY OR DAMAGES FOR
THE SUPPOR
RTED PRODU
UCT NOT BEIN
NG AVAILABLE
E FOR USE, L
LOSS OR COR
RRUPTION OF
F DATA
OR SOFTWA
ARE, PERSON
NAL INJURY, DEATH, OTH
HER INDIREC
CT LOSS DU
UE TO SUPPO
ORTED
PRODUCT FAILURE, OR ANY AND AL
LL INCIDENTA
AL, INDIRECT,, SPECIAL OR
R CONSEQUE
ENTIAL
DAMAGES ARISING
A
OUT OF OR IN CONNECTION WITH THE USE OR PERF
FORMANCE O
OF THE
SUPPORTED
D PRODUCT, EVEN IF YO
OU HAVE AD
DVISED US O
OF THE POS
SSIBILITY OF SUCH
DAMAGES. BY ENTERING INTO THIS
S AGREEME NT, YOU EX
XPRESSLY W
WAIVE ANY C
CLAIMS
RAGRAPH. YO
OU AGREE A
AND UNDERS
STAND THAT WE WILL NOT BE
DESCRIBED IN THIS PAR
LE FOR ANY AMOUNT OF
F DAMAGES ABOVE THE AGGREGATE
E DOLLAR AM
MOUNT
RESPONSIBL

al Damage Servic
ce for Consumerr Customers
Accidenta
Rev: 1.0A
ADSCC
Ed: 09.07
7.2012ADSCC

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PAID BY YO
OU FOR THE
E PURCHASE
E OF THE S
SUPPORTED PRODUCT C
COVERED BY
Y THIS
AGREEMENT
T. SOME STATES AND JURISDICTION
J
NS DO NOT
T ALLOW TH
HE EXCLUSIO
ON OR
LIMITATION OF INCIDENT
TAL OR CONS
SEQUENTIAL D
DAMAGES, SO
O SOME OR A
ALL OF THE A
ABOVE
O EXCLUSIO
ON MAY NOT APPLY
A
TO YO
OU.
LIMITATION OR
4.

You
ur Responsibilities: To receive the Service, you are respo
onsible for com
mplying with the
e following:
a.

Call for Telep

phone-Based Assistance.
A
To
T initiate a serv
rvice request un
nder this Agree
ement, please call our
osis or
service department at 1-800-BUY-DELL (289-3355). Please note tthat, when yo
ou call, diagno
ng under yourr Dell Limited
d Hardware W
Warranty (see www.Dell.com
m/Warranty) or other
troubleshootin
underlying wa
arranty or serv
vice contract will
w be required prior to receivving Service u
under this Agre
eement.
The hours of support shall not
n include holidays. Please
e contact your Dell sales or ssupport represe
entative
for additional details. Dell is
s not liable for any failure or d
delay in perforrmance due to any cause beyyond its
control.

b.

w
Technicia
an. You must cooperate wiith the techniccian to ensure
e that the Sup
pported
Cooperate with
Product is pro
operly serviced
d. When you call,
c
a Dell tecchnician will bo
oth ask for the Service Tag n
number
located on you
ur Supported Product
P
and verify your purcha
ase of the Servvice.
The technician will then ask
k you a series of questions tto assess the e
extent and cau
use of damage
e to the
nd troubleshootting steps mayy require more
e than one call or an
Supported Prroduct. These diagnostic an
extended sess
sion, and you may
m be asked to access the iinside of your S
Supported Product where saffe to do
so.
If your issue is covered by this Service and
a
that issue is not resolve
ed remotely, th
hen, at our disscretion
mpletion of remote diagnosis or troublesshooting, the technician will either send you a
following com
replacement part
p
for you to install on the Supported Pro
oduct or give yyou directions tto ship the Sup
pported
Product to ou
ur repair facility
y. So long as
s you follow ou
ur directions, w
we will pay all shipping charrges for
return of the Supported Prroduct to our repair facility. Once at ourr repair facilityy, we may rep
pair the
ement Supporte
ed Product de
epending on ou
ur assessmentt of the
Supported Prroduct or ship you a replace
damage to the
e Supported Prroduct.
In some cases, where we ca
an determine over
o
the teleph one that a replacement part or Supported P
Product
will be necess
sary, we may in our discretio
on, offer to provvide a replacem
ment part or product (Replacement
Item) to you immediately (an Advanced Exchange). Dell may requ
uire a valid cre
edit card numb
ber and
credit authoriz
zation or payment for the Rep
placement Item
m from you prio
or to sending yo
ou such Replacement
Item. We will not charge your
y
credit card
d for the Repla
acement Item, or we will refu
und your paym
ment for
such Replace
ement Item as long as: 1) you
u return the orriginal part or p
product to us w
within 10 days of your
receipt of the Replacement Item and 2) we
w confirm that your product iissue is covere
ed under the te
erms of
this Agreemen
nt. If we do no
ot receive your original part orr product within
n 10 days, we w
will charge you
ur credit
card for the th
hen-current sta
andard price for the Replacem
ment Item, or, if payment wass required in advance
of shipment, will
w not refund your paymentt. If upon rece
eipt of your original part or p
product, we dettermine
that your product issue is not covered under
u
the term
ms of this Agre
eement, then yyou will be givven the
opportunity to
o return the Re
eplacement Item
m, at your sole
e expense, witthin ten (10) da
ays from the d
date we
contact you re
egarding the la
ack of coverage
e for your issu e, and if you d
do not return th
he Replacemen
nt Item,
then we will charge
c
your crredit card for the then-curren
nt standard priice for the Rep
placement Item
m, or, if
payment was required in ad
dvance of ship
pment, then we
equire a
e will not refu nd your payment. If you re
Replacement Item but do not wish to prov
vide credit auth
horization or p
payment pursua
ant to this para
agraph,
you will not re
eceive an Adva
anced Exchang
ge, but you can
n receive a Rep
placement Item
m by first return
ning the
original part or product to De
ell.
When returnin
ng a Product fo
or replacement (including but not limited to a Mobility Produ
uct), unless oth
herwise
directed by yo
our Dell tech support
s
agent, do not include
e parts not se
ent to you for rreplacement (ssuch as
battery, batterry pack cover, SIM card, mem
mory card, etc.)). Dell will not be responsible
e for any data o
or voice
charges incurred as a result of Customers
s failure to remo
ducts returned to Dell.
ove all SIM cards inside Prod

al Damage Servic
ce for Consumerr Customers
Accidenta
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Ed: 09.07
7.2012ADSCC

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In addition, when
w
returning your Productt for replaceme
ent, do not se
end external p
parts (such ass cords,
cables, contro
ols, or lens caps.
c.

5.

Payment. Service is only av

vailable with th
he purchase off a Dell producct for which De
ell currently offe
ers Dell
Accidental Da
amage Service
e, but it is not necessary tha
at you purchasse the Service
e to buy a Sup
pported
Product from us. Our invoice
e, information page,
p
or other o
order confirma
ation issued to yyou for the Sup
pported
ased Dell Acciidental Damag
ge Service, an
nd will serve a
as your
Product will indicate whether you purcha
upported Product will be tag
gged with a se
erial number tthat will indicate your
receipt. In addition, the Su
purchase of th
he Service (the
e Service Tag).

Gen
neral Terms:
a.

Term and Re
enewal. The se
ervice type, terrm, and the Su
upported Produ
uct you have p
purchased is re
ecorded
on the Custom
mer invoice or on the informa
ation page inccluded with you
ur copy of this Agreement; provided
that the term of Service purchased may
y not exceed tthe length of Customers un
nderlying Dell limited
e contract and subject to the limitations set forth in
hardware warrranty. Prior to the expiration of your service
this Agreement, you may extend
e
your se
ervice period b
based on availa
able options th
hen in effect ffor your
oduct. Service
e extensions ma
ay be purchase
ed by calling D
Dell at (800) 695
5-4458.
Supported Pro

b.

Claims of Co
onfidentiality or Proprietary
y Rights. You
u agree that an
ny information or data disclo
osed or
sent to Dell, over
o
the telepho
one, electronica
ally or otherwisse, is not confid
dential or proprrietary to you.

c.

Transferability. Subject to the limitations set forth in thi s Agreement, Customer mayy transfer this S
Service
to a third parrty who purcha
ases Customerrs entire Supp
ported Productt before the expiration of the thencurrent servic
ce term; provided that Custom
mer is the orig
ginal purchaserr of the Suppo
orted Product a
and this
Service, or Customer
C
purch
hased the Sup
pported Producct and this Se
ervice from its original owne
er (or a
previous transferee) and co
omplied with all
a the transfe
er procedures available at w
www.support.de
ell.com.
ms, conditions and fees may apply to any su
uch transfer.
Additional term

d.

Cancellation.. This Agreem

ment is dated
d as of the in
nvoice date orr other start date noted on your
invoice or on
n the information page inclu
uded with you
ur copy of this
s Agreement. Y
You may canc
cel this
Agreement within
w
thirty (30) days of you
ur receipt of tthis Agreemen
nt by sending written notice to us
at:
Dell Marke
eting L.P.
One Dell Way
W
Round Ro
ock, Texas 78682
Attn: Service and Support Department
p
in paragraph
p
5.k. for custom ers in certain states or jjurisdictions, where
Except as provided
applicable, iff you cancel this
t
Agreement within thirtty (30) days o
of your receip
pt of it, we will send
you a full refund less the
e cost of claim
ms, if any, ma
ade under thiis Agreement.. For example
e, if no
een made under this Agreem
ment and you
u cancel this A
Agreement witthin 30 days o
of your
claim has be
receipt of it, this Agreement shall be vo
oid and we sha
all send you a full refund o
of the purchase price
ement. You may
m not cancel this Agreem
ment after thirty
of this Agree
y (30) days off your receipt of this
Agreement, except
e
as prov
vided in parag
graph 5.k. for c
customers in certain states
s or jurisdictio
ons.
We may cancel this Agree
ement if you fail
f to pay us
s the Total Priice for the Se
ervice in accordance
with our invo
oice terms, make
m
a misrep
presentation to
o us or our a
agents, or oth
herwise breac
ch your
obligations under
u
this Agrreement. If we
e cancel this Agreement, w
we will send y
you written no
otice of
cancellation at the addre
ess indicated
d in our reco
ords. The nottice will inclu
ude the reas
son for
ctive date of cancellation,
c
w
which will nott be less than
n ten (10) day
ys from
cancellation and the effec
the date we send
s
notice of cancellation to you, excep
pt as provided
d in paragraph 5.k. for custtomers
in certain sta
ates or jurisdic
ctions.

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Service mustt be cancelled

d separately fo
or each Suppo
orted Product..
e.

Entire Agree
ement. This Ag
greement is th
he entire agre ement betwee
en you and De
ell with respecct to its
subject matter and none of Dells employ
yees or agentss may orally va
ary the terms a
and conditionss of this
Agreement.

f.

Additional Remedies.
R
This
s Agreement affords
a
you spe
ecific legal righ
hts. You may have additiona
al legal
d below. This Agreement iss not a
rights that va
ary from jurisdiction to jurisd
diction, includin
ng those listed
warranty. The
e Supported Prroduct you purc
chase from uss may also com
me with a limite
ed hardware w
warranty
from Dell or third party man
nufacturers of Supported
S
Prod
ducts we distriibute. Please cconsult the app
plicable
limited warran
nty statements
s for your rightts and remedie
es under those limited warra
anties. (For the Dell
Limited Hardw
ware Warranty please see ww
ww.Dell.com/W
Warranty).

g.

Binding Arbittration. THIS AGREEMENT

T REQUIRES T
THE USE OF A
ARBITRATION
N ON AN INDIV
VIDUAL
BASIS TO RE
ESOLVE ANY AND ALL DIS
SPUTES OR C
CONTROVERS
SIES BETWEE
EN CUSTOMER AND
DELL, RATHER THAN JUR
RY TRIALS OR
R CLASS ACT
TIONS, ACCOR
RDING TO THE TERMS IN D
DELLS
U.S. TERMS OF SALE (see
e www.dell.com
m/terms).

h.

Force Majeure. Neither pa

arty shall be liable
l
to the o
other party forr any failure tto perform anyy of its
obligations (e
except payme
ent obligations
s) under this Agreement d
during any pe
eriod in which
h such
performance is
i delayed by circumstances
c
beyond
b
its reassonable contro
ol including, butt not limited to, acts of
God, fire, floo
od, war, emba
argo, strike, rio
ot, or the interv
rvention of anyy governmenta
al authority (a Force
Majeure). In
n such event, however, the delayed
d
party m
must promptly provide the otther party with written
notice of the Force
F
Majeure. The delayed
d partys time fo
or performance
e will be excussed for the dura
ation of
the Force Majeure, but if the Force Majeu
ure event lastss longer than th
hirty (30) dayss, the other parrty may
immediately te
erminate this Agreement
A
by giving
g
written no
otice to the dellayed party.

i.

Parts and Prroduct Ownerrship. All serv

vice parts re moved from the Supporte
ed Product an
nd any
original prod
ducts for whic
ch Customer received a rreplacement product beco
ome the prop erty of
Dell. Custom
mer is obligate
ed to pay at the then-currrent standard Dell price fo
or any service
e parts
removed from
m Customers
s Product an
nd any origin al products ffor which Cu
ustomer rece ived a
replacement product that are not properrly returned to
o Dell by Custo
omer. IF YOU
U FAIL TO PAY
Y DELL
FOR ANY PA
ART OR PRODUCT, THEN DELL MAY C
CANCEL THIS
S AGREEMEN
NT, SUSPEND YOUR
WARRANTY AND/OR SER
RVICE SUPPO
ORT ON ANY DELL PRODU
UCT YOU MA
AY OWN UNTIL THE
APPLICABLE
E AMOUNT IS PAID, AND/O
OR TAKE OTH ER LEGAL ST
TEPS. A susp
pension of warrranty or
service for failure to properly
y return a part or product wil l not toll the te
erm of your wa
arranty or servicce, and
such warranty
y or service willl still expire in accordance
a
witth its original te
erm.

j.

Parts. Dell uses

u
new, use
ed, and recond
ditioned parts made by varrious manufactturers, and the
e parts
provided to Cu
ustomer may be
b new, used, or
o reconditione
ed.

k.

State-Specific Provisions. The terms sttated in this pa

aragraph are specific to warranties and sservices
purchased for a separate charge
c
in certtain states. Iff you are not a permanent resident of the state
e
paragraph
h below at the time you purcchase the serviice for a separrate charge, th
hen you
identified in each
are not eligible for these rights and/or rem
medies. We are
e not obligated
d to provide the
e service unde
er these
pecified below.
terms except in the states sp

orgia and Kenttucky Custome

ers. The obliga
ations of Dell u nder this Agre
eement are baccked by
Alabama, Geo
the full faith an
nd credit of De
ell.

nt at any time
California Customers. You may cancel this Agreemen
e by following
g the procedu
ures for
cancellation set
s forth in this
s Agreement. If you cancel this Agreemen
nt within 30 days of receipt of this
Agreement, you
y will receive
e a full refund ifi no claims ha
ave been made
e against the ccontract. If any claim
has been made against the
e contract, then
n you will rece
eive a pro-rata refund based on the retail vvalue of
erformed. If you cancel this Agreement
A
afte r thirty (30) dayys of your rece
eipt of this Agre
eement,
any service pe

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you are entitle

ed to a pro-ratta refund as fo
ollows: Refund = The Total P
Price minus (a) the number o
of days
from the invoice date or othe
er start date no
oted on your invvoice or information page unttil we receive notice of
your cancellattion divided by
y the term of th
his Agreementt; (b) 0.1 multip
plied by the To
otal Price; and (c) the
cost of any repair or replacement provided to you before cancellation.

mers. You may

y cancel this Ag
greement at an
ny time by follow
wing the proce
edures for canccellation
Illinois Custom
set forth in th
his Agreementt. If you cance
el this Agreem
ment after thirtyy (30) days o
of your receipt of this
Agreement, yo
ou are entitled to a pro-rata re
efund as follow
ws: Refund = T he Total Price minus (a) the n
number
of days from the
t invoice date or other startt date noted on
n your invoice or information page until we receive
notice of yourr cancellation divided
d
by the term
t
of this Ag
greement; (b) 0
0.1 multiplied by the Total Pricce; and
(c) the cost off any repair or replacement
r
prrovided to you before cancella
ation.

Florida Customers. The term

ms stated in this paragraph a
are specific to permanent ressidents of Florida who
purchase both
h the hardware
e and this Agreement for perssonal, family orr household pu
urposes. If you are not
a permanent resident of Flo
orida at the tim
me you purchasse the hardwarre and this Agreement for pe
ersonal,
family or hous
sehold purpose
es, then you arre not eligible ffor these rightss and/or remed
dies. You mayy cancel
this Agreemen
nt at any time by following th
he procedures for cancellatio n set forth in this Agreementt. In the
event you can
ncel this Agreement, you are entitled to a re
efund, which sh
hall be based u
upon 90 percen
nt of the
unearned pro--rata purchase
e price less any
y claims that ha
ave been paid or less the co
ost of repairs m
made on
your behalf. In the event th
he contract is canceled
c
by De
ell, the refund sshall be based
d upon 100 perrcent of
hase price. Arb
bitration of anyy and all claim
ms and disputess arising solelyy out of
the unearned pro-rata purch
the terms and
d conditions of this Agreemen
nt is non-bindin
ng unless the p
parties agree in
n writing at the
e time a
claim is asserrted or a dema
and for arbitrattion is made th
hat both partiess want the arb
bitration to be b
binding.
This Agreeme
ent shall be governed
g
by the laws of th
he State of Te
exas; howeverr, to the exten
nt such
governing law
w is expressly prohibited
p
by Florida's
F
laws g
governing servvice warranty a
associations in certain
instances, the
en the laws of
o Florida shalll govern in s uch instancess. No fees fo
or service tran
nsfer or
downgrading due to geogrraphic limitatio
ons apply. If sservice downg
grades are req
quired as a re
esult of
transferring th
he hardware to
o a new locatio
on, then you m
may cancel thiss Agreement a
and receive a p
pro-rata
refund as set forth immediately above. Dell Marketing L.P. is a licen
nsed service w
warranty associa
ation in
Florida, and itt is the issuer of
o this Agreeme
ent.

Hawaii Custom
mers. If you ca
ancel this Agree
ement pursuan
nt to the proced
dures for cance
ellation set forth
h in this
Agreement an
nd we fail to re
efund the purc
chase price of this Agreement to you withiin forty-five (45
5) days
after your can
ncellation, we are obligated to pay you a penalty of 10 % per month of the amountt of the
refund due an
nd owing to you
u. Your right to
o cancel this A
Agreement onlyy applies to the
e original owne
er of the
Agreement an
nd may not be
e transferred to
o subsequent o
owners of the Agreement. The obligations of Dell
under this Agrreement are ba
acked by the fu
ull faith and cre
edit of Dell.

Maine Custom
mers. You may cancel this Ag
greement at anyy time by follow
wing the proced
dures for cance
ellation
set forth in this Agreement. If you cancel th
his Agreementt within twenty (20) days afterr we sent the
t (10) days of
o delivery if the
e Agreement w
was provided to you at the time
e of
Agreement to you or within ten
sale and you have
h
not made
e a claim underr this Agreemen
nt, then this Ag
greement is void and Dell sha
all
refund to the Agreement
A
holder, or credit th
he account of tthe Agreementt holder for the full purchase p
price of
the Agreemen
nt and any sale
es tax refund re
equired by state
e law. The righ
ht to void this A
Agreement as
provided in this subsection is
s not transferab
ble and shall a
apply only to the
e original purch
haser of the
Agreement, and only if no claim has been made
m
prior to tthe return of the
e Agreement to
o Dell. If you ccancel
this Agreemen
nt pursuant to the
t procedures
s for cancellatio
on set forth in tthis Agreementt and we fail to refund
the purchase price of this Ag
greement to you within forty-fiive (45) days a
after your cance
ellation, we are
e
m
of the a mount of the re
efund due and owing to you. After
obligated to pay you a penallty of 10% per month
the applicable
e twenty (20) orr ten (10) day period
p
has lapssed or if a claim
m has been ma
ade under the
Agreement du
uring that time period, you ma
ay cancel the A
Agreement and we will refund to you 100% o
of the
unearned pro rata provider fee,
f
less any claims paid. An administrative
e fee not to excceed 10% of the
e

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provider fee may

m apply. If Dell
D cancels this
s Agreement, D
Dell shall mail a written notice
e to the owner o
of this
Agreement at the last known
n address of su
uch owner that is contained in
n our records a
at least fifteen (15)
days prior to cancellation
c
by Dell and the notice
n
will state the effective d
date of the canccellation and re
eason
for the cancellation. If this Agreement
A
is ca
ancelled by De
ell for a reason other than non
n-payment of th
he
provider fee, Dell
D will refund to you 100% of
o the unearned
d pro rata provider fee, less a
any claims paid
d. An
administrative
e fee not to exc
ceed 10% of the
e provider fee m
on cancellation by Dell. Obligations
may apply upo
of the provider under this Ag
greement are backed by the fu
ull faith and cre
edit of Dell.

he procedures for
Y may cance
el this Agreeme
ent at any time
e by following th
Massachusettts Customers. You
cancellation set forth in this Agreement.
A
If you cancel thiss Agreement w
within twenty (2
20) days after w
we sent
the Agreemen
nt to you or with
hin ten (10) day
ys of delivery iff the Agreemen
nt was provided to you at the time of
sale and you have
h
not made
e a claim underr this Agreemen
nt, then this Ag
greement is void and Dell sha
all
refund to the Agreement
A
holder, or credit th
he account of tthe Agreementt holder or othe
er payer of reco
ord, if
different, for th
he full purchase price of the Agreement.
A
Th
he right to void this Agreemen
nt as provided in this
subsection is not transferable and shall app
ply only to the original purcha
aser of the Agre
eement, and only if
b
made prio
or to the return
n of the Agreem
ment to Dell. If you cancel thiss Agreement
no claim has been
pursuant to th
he procedures for
f cancellation
n set forth in thiis Agreement a
and we fail to re
efund the purchase
price of this Agreement
A
to yo
ou within forty-ffive (45) days a
after your canccellation, we are obligated to p
pay
you a penalty of 10% per mo
onth of the amo
ount of the refu
und due and ow
wing to you. If Dell cancels th
his
D shall mail a written notice to the owner o
of this Agreeme
ent at the last kknown addresss of
Agreement, Dell
such owner th
hat is contained
d in our records
s at least five (5
5) days prior to
o cancellation b
by Dell. Prior n
notice
is not required
d if Dell cancels
s due to: nonpa
ayment; a mate
erial misrepressentation; or a ssubstantial bre
each of
duties by the service
s
contrac
ct holder relatin
ng to the covere
red product or its use. Obliga
ations of the pro
ovider
under this Agrreement are ba
acked by the fu
ull faith and cre
edit of Dell.

Montana Cus
stomers. Obliga
ations of the provider
p
under this Agreeme
ent are backed
d by the full fa
aith and
credit of the provider.

Nevada Custtomers. You may

m
cancel th
his Agreemen t at any time
e by following
g the procedu
ures for
cancellation set
s forth in this
s Agreement. If you cancel tthis Agreemen
nt within twentyy (20) days aftter your
receipt of this
s Agreement an
nd you have not made a claiim under this A
Agreement, you are entitled tto a full
refund of the Total
T
Price. If you
y cancel this
s Agreement an
ny time after tw
wenty (20) dayys after your receipt of
this Agreemen
nt or if you can
ncel this Agreement and have
e made a claim
m at any time u
under this Agre
eement,
you are entitle
ed to a refund of the unearne
ed premium ca
alculated on a pro rata basis,, minus a canccellation
fee of 10% of the Total Price
e. We may can
ncel this Agreem
eason within se
eventy (70) dayys after
ment for any re
your receipt of this Agreeme
ent. We may ca
ancel this Agree
ement thereafter only if:

You fail to pay an amount

a
when due;
d
You are convicted of
o a crime that results in addittional service u
under this Agre
eement;
It is discovered tha
at you committted fraud or ma
ade a materiall misrepresenta
ation in obtaining this
Agre
eement or subm
mitting a claim;
It is discovered
d
that you engaged
d in an act or o mission, or vio
olated a condition of this Agre
eement,
after the date of this Agreement which substa
antially and m
materially increa
ases the serviice due
er this Agreeme
ent; or
unde
A ma
aterial change occurs to the nature or scop
pe of the servicce that causess it to be substtantially
and materially
m
incre
eased beyond that
t
contempla
ated as of the d
date of this Agrreement.

If we cancel or
o suspend this
s Agreement as
s provided abo
ove, we will sen
nd you written notice at the a
address
indicated in our records. The
e notice will inc
clude the effecctive date of the cancellation or suspension
n, which
ss than fifteen (15) days afterr the date we ssend you the n
notice of cance
ellation or susp
pension,
will not be les
and you will have the right to
o contact us to cancel the con
ntract in lieu off suspension. In
n addition, in th
he case
n, you will be entitled
e
to a refund of the un earned premiu
um calculated o
on a pro rata b
basis. If
of cancellation
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we fail to deliver to you witthin forty-five (45)

(
days any unearned pre
emium to which you are entiitled as
ve, you will be entitled to an additional
a
amo
ount equal to 10
0% of the Tota
al Price for every thirty
provided abov
(30) days suc
ch refund is de
elayed beyond the 45-day pe
eriod. You are not required tto pay a deducctible to
receive the se
ervice. The se
ervice covers only
o
the types of defects exp
pressly identifie
ed in this Agre
eement.
Any other deffects in the ha
ardware existin
ng prior to the
e date of this A
Agreement are
e not covered by the
service. Repa
airs initiated orr completed without Dells priior approval wiill not be coverred under this service
contract. The
e obligations off Dell under th
his Agreement are backed byy the full faith a
and credit of D
Dell Inc.
Dell may assig
gn its administrative obligations to a third pa
arty that is registered in Neva
ada.

New York Cus

stomers. If you
u cancel this Ag
greement purssuant to the pro
ocedures for ca
ancellation set forth in
this Agreement and we fail to refund the purchase price
e of this Agree
ement to you w
within thirty (30
0) days
ncellation, we are
a obligated to
o pay you a 10
0% penalty perr month of the amount of the
e refund
after your can
due and owing to you. The obligations of Dell
D under thiss Agreement arre backed by th
he full faith and
d credit
of Dell. In add
dition to the se
ervices specified under this Ag
greement, Delll will provide re
epair and replacement
services as to
o defects in materials
m
or wo
orkmanship, orr wear and tea
ar, to the exte
ent provided in
n Dells
Limited Hardw
ware Warranty
y (see http://ww
ww.dell.com/wa
arranty ), inclu
uding any warrranty extensio
ons, the
provisions of which Limited
d Hardware Warranty
W
are in
ncorporated byy reference he
erein. Dells Limited
Hardware Wa
arranty may be
e included with the purchase and in the priice of the cove
ered hardware. Such
incorporation by reference shall
s
not enlarg
ge or diminish your rights or Dells obligatio
ons under the Limited
Hardware Wa
arranty, provid
ded, however, the duration of this Agreem
ment shall not extend beyo
ond the
duration of the
e Limited Hard
dware Warranty
y (including an
ny warranty exttensions). In tthe event of a conflict
between the provisions of this Agreemen
nt and the Lim
mited Hardwarre Warranty, tthe provisions of this
hall control.
Agreement sh

North Carolina Customers. You are entitle

ed to written n otification befo
ore the sale off a service agre
eement
that the purch
hase of a serv
vice agreemen
nt is not requirred either to p
purchase or ob
btain financing on the
covered hardw
ware. You may
y cancel this Ag
greement at an
ny time by follow
wing the proce
edures for canccellation
set forth in th
his Agreementt. If you cance
el this Agreem
ment after thirtyy (30) days o
of your receipt of this
Agreement, yo
ou are entitled to a pro-rata re
efund as follow
ws: Refund = T he Total Price minus (a) the n
number
of days from the invoice da
ate or other sttart noted on yyour invoice orr information p
page until we receive
d
by the term
t
of this Ag
greement; (b) 0
0.1 multiplied by the Total Pricce; and
notice of yourr cancellation divided
(c) the cost off any repair or replacement
r
prrovided to you before cancella
ation.

Ohio Custome
ers. Dell's oblligations underr this Agreeme
ent are insured
d under a reim
mbursement inssurance
policy issued by Virginia Su
urety Company
y, Inc., 175 W.. Jackson Blvd
d., Chicago, IL 60604. In the
e event
that Dell ceas
ses to operate, is bankrupt, or
o your claim iss not paid with in sixty (60) da
ays after proof of loss
has been filed
d, you may file
e a direct claim
m with Virginia
a Surety Comp
pany, Inc. To d
do so, please call the
following toll-ffree number forr instructions: 1-800-209-620
06.

Oklahoma Cu
ustomers. Dell Inc. shall be co
onsidered the o
obligor on the sservice obligations hereunderr.

Oregon Custo
omers. The ob
bligations of De
ell Marketing L
L.P. under thiss Agreement a
are backed by the full
faith and cred
dit of Dell Inc. The contact in
nformation for both Dell Markketing L.P. and
d Dell Inc. is O
One Dell
Way, Round Rock, TX 786
682, Attn: Serv
vice and Suppo
ort Departmen
nt, (800) 624-9
9897. The arb
bitration
ent do not app
ply to the exte
ent those provvisions are expressly prohib
bited by
provisions in this Agreeme
Oregon law. Those laws may give you ce
ertain rights, su
uch as a right to exhaust internal appeals prior to
d a right to arb
bitrate in Orego
on (unless you and Dell agree
e otherwise) w
with Oregon law
w as the
arbitration and
governing law
w.

South Carolin
na Customers. If you cancel this Agreemen
nt pursuant to the procedure
es for cancellattion set
forth in this Agreement
A
and we fail to refu
und the purcha
ase price of thiss Agreement to you within fo
orty-five
(45) days afte
er your cancellation, we are obligated
o
to pa
ay you a 10% penalty per mo
onth of the am
mount of

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the refund due and owing to

o you. Your right to cancel th is Agreement o
only applies to
o the original ow
wner of
nt and may no
ot be transferrred to subsequ
uent owners o
of the Agreeme
ent. If we canccel this
the Agreemen
Agreement, we
w will send you
u written notice
e of the cancell ation at least ffifteen (15) dayys prior to the e
effective
date of cance
ellation. The ob
bligations of De
ell under this Ag
greement are b
backed by the full faith and ccredit of
Dell. If we do not timely res
solve such mattters within sixtty (60) days off proof of loss, you may conttact the
ox 100105, Col umbia, South C
Carolina 29202
2-3105,
South Carolina Department of Insurance, Post Office Bo
or (800) 768-3
3467.

Texas Custom
mers. If you can
ncel this Agree
ement pursuantt to the proced
dures for cance
ellation set forth
h in this
Agreement an
nd we fail to re
efund the purc
chase price of this Agreement to you withiin forty-five (45
5) days
after your can
ncellation, we are
a liable to you
u for a penaltyy of no more th an 10% per month of the am
mount of
the refund due and owing to
o you. Your right to cancel th is Agreement o
o the original ow
wner of
only applies to
nt and may not be transferred
d to subsequen
nt owners of the
e Agreement. T
The obligationss of Dell
the Agreemen
under this Agrreement are ba
acked by the fu
ull faith and cre
edit of Dell. Anyy unresolved ccomplaints concerning
Dell or questions concernin
ng the regulation of service contract proviiders may be addressed to: Texas
Department of
o Licensing an
nd Regulation, P.O. Box 12 157, Austin, T
Texas 78711-2157, telephone
e (512)
4636599 or (8
800) 803-9202 (within Texas).

Washington Customers.
C
If you
y cancel this Agreement pu
ursuant to the p
procedures forr cancellation sset forth
in this Agreem
ment above and
d we fail to refu
und the purcha
ase price of thiss Agreement to
o you within thiirty (30)
days after you
ur cancellation,, we are obliga
ated to pay you
u a penalty of 1
10% per month
h of the amoun
nt of the
refund due an
nd owing to you
u. Your right to
o cancel this A
Agreement onlyy applies to the
e original owne
er of the
Agreement an
nd may not be
e transferred to
o subsequent o
owners of the Agreement. The obligations of Dell
under this Ag
greement are backed by the
e full faith and
d credit of Dell. The arbitrattion provisions in this
Agreement do
o not apply to the extent those
e provisions arre expressly prrohibited by Wa
ashington law. Those
laws, including Wash. Rev. Code 48.110.0
070(14) and th
he state Uniform
m Arbitration A
Act (Wash. Revv. Code
y
certain righ
hts, such as a right to arbitrrate in Washin
ngton at a loca
ation in
7.04A et seq..), may give you
closest proxim
mity to your perrmanent residence (unless yo
ou and Dell agrree otherwise).

Wisconsin Customers. This

T
warranty
y is subject to limited re
egulation by the Office of the
Commissioner of Insuran
nce. Dell Inc
c. shall be co
onsidered the obligor on the
e service obligations
hereunder.

Wyoming Customers. The arbitration prrovisions in th

his Agreementt shall apply to the extentt those
provisions are
e not expressly
y prohibited by Wyoming law. To the extentt required by A
Article 19, Sectiion 8 of
the Constitutio
on of the State of Wyoming, arbitration
a
of an
ny and all claim
ms and dispute
es arising solelyy out of
the terms and
d conditions off this Agreeme
ent is non-bind
ding unless the
e parties agre
ee in writing that both
parties want the
t arbitration to
t be binding. The final dete
ermination in an
ny proceeding instituted purssuant to
the arbitration
n provisions set forth in this Agreement
A
mayy be submitted
d to a court of ccompetent jurissdiction
in accordance
e with Sections
s 1-36-101 to -119 of the W
Wyoming Statute
es. The obliga
ations of the p
provider
under this se
ervice contract are backed by
b the full faith
h and credit o
of the providerr. If you canccel this
Agreement affter thirty (30) days
d
of your re
eceipt of this A
Agreement, you
u are entitled to
o a pro-rata reffund as
follows: Refun
nd = The Totall Price minus (a)
( the numberr of days from the invoice da
ate or other sta
art date
e notice of you
noted on yourr invoice or info
ormation page until we receive
ur cancellation divided by the term of
this Agreemen
nt; (b) 0.1 multiplied by the To
otal Price; and (c) the cost off any repair or replacement provided
to you before cancellation. A 10% penalty
y per month sh
hall be added tto a refund that is not paid within 45
urn of the service contract.
days after retu

D Inc. All rig

ghts reserved. Trademarks
T
an
nd trade namess may be used in this docume
ent to refer to e
either
2012 Dell
the entitiies claiming the
e marks and na
ames or their products.
p
___________
_____________
__________
al Damage Servic
ce for Consumerr Customers
Accidenta
Rev: 1.0A
ADSCC
Ed: 09.07
7.2012ADSCC

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