Gold Plan Express Replacement Service™
Aleratec Express Replacement Service Agreement
The intent of this agreement is to provide a replacement 3 business days for the Aleratec product listed in this agreement for up to one year after the purchase date of product covered by this agreement if the product should cease functioning per original specifications, as determined by Aleratec. Aleratec offers this Express Replacement Service on selected Aleratec products to serve as an addendum to the product’s warranty. This Express Replacement Service offers up to one year Express Replacement Service as defined herein for a one-time fee. The Express Replacement Service must be purchased within 30 days from the original product purchase date and Express Replacement Service is valid during the original product limited warranty term. The Express Exchange Service is not transferable. The enrollment pricing is subject to change without notice and/or all applicable taxes. The Express Replacement Service becomes effective when the signed Agreement Registration is received by Aleratec.
NOTE THAT BY EXERCISING THIS AGREEMENT THE CUSTOMER AGREES TO RETAIN A REFURBISHED REPLACEMENT INSTEAD OF THE ORIGINAL PRODUCT OR COMPONENT. THE ORIGINAL COVERED NONWORKING PRODUCT OR COMPONENT WILL NOT BE RETURNED TO THE CUSTOMER AND SHALL BECOME THE PROPERTY OF ALERATEC.
The following are the terms of the Express Replacement Service Agreement. Please be sure to read these terms carefully:
1. This Agreement is valid only for the product model and serial number registered at
and any warranty replacement product provided by Aleratec for the covered product thereafter. Express Replacement Service is valid during the original product limited warranty term and no new warranty is given by Aleratec on any replacement equipment. The replacement unit will be covered for the balance of the time remaining on the customer's original limited warranty.
2. Aleratec agrees that during the term of this agreement it will furnish replacement parts or a complete functional equivalent replacement unit (at Aleratec' discretion), new or refurbished (at Aleratec's discretion) that have ceased to function per original specifications under normal usage and are covered by this Agreement, as identified below. Although 3 day service is not guaranteed, Aleratec will make every reasonable business effort to ship the replacement parts or units no later than the next business day after Aleratec makes a diagnosis that a Covered Product is defective, provided the diagnosis is made prior to 3 p.m. Pacific Time (Saturdays, Sundays and major U.S. holidays excluded). The replacement equipment becomes the property of the customer and the defective/failed equipment becomes the property of Aleratec.
3. To ensure return of the product covered under this agreement, a credit card "hold" for the value of the refurbished unit is required before it can be delivered. Your credit card will be charged if (a) you fail to return the defective product to Aleratec within ten (10) calendar days and in the manner specified by Aleratec, (b) the serial number of the returned product does not match that of the covered product, or its warranty replacement product; or (c) the defective product is returned with missing components. Missing parts will be charged to customer’s credit card based on the following rates:
Power Cable $5/each
LightScribe DVDRW $90/each
DVDRW $70/each
DVD-ROM $60/each
USB 2.0 Cable $10/each
Loss of or damage to the covered product due to abuse, mishandling, improper packaging by you, alteration, accident, electrical current fluctuations or failure to follow operating, maintenance or environmental instructions prescribed in the covered product's User Manual is subject to a fee
4 Aleratec is responsible for paying the cost of transporting the replacement parts or units via express delivery from Aleratec to you at the address you have provided to Aleratec. Express replacement is limited to destination addresses within the continental United States (not including Alaska, Hawaii and Puerto Rico) serviced by express carriers. Aleratec does not offer on-site service to resolve any problems with the installation of replacement units. Aleratec will provide on-line support and troubleshooting from its headquarters. Aleratec’s technical support may be reached at 1-818-678-0484.
5 You are responsible for returning the defective Covered Product (or part thereof) to Aleratec upon your receipt of the replacement. Return of the defective units or parts and shipping costs are the responsibility of the customer. Retain the original packaging material for all units received as shipping damage voids the warranty.
6 INABILITY TO REPLACE COVERED PRODUCT. If Aleratec determines that it is unable to replace the Covered Product due to unavailability of functional parts, it will notify you and, if you send Aleratec the defective Covered Product, Aleratec will attempt to repair the Covered Product under our standard warranty. If Aleratec is unable to replace the Covered Product, Aleratec will offer a full refund for the amount you paid for the purchase of this agreement. You may still return the defective Covered Product under our standard warranty.
7 This Express Service Agreement extends only to replacing the covered products that have been used solely for the purposes for which they were designed and for any defect which exists or occurs in materials or workmanship, covered by our standard warranty. Aleratec shall not be liable for any costs incurred by the customer related to this agreement, including but not limited to travel, communications, telephone company charges, technical troubleshooting, down time, training, customer services and equipment installation.
This agreement specifically excludes:
a) Any equipment purchased as refurbished or used.
b) Any equipment located outside of the United States
c) Service required as a result of any alteration of the equipment or repairs made by persons other than Aleratec.
d) Installation or reinstallation of any equipment.
e) Damage or other equipment failure due to causes caused by other than normal use, including, but not limited to: misuse or negligence, excessive use, the failure to maintain the equipment, according to the owner's manual instructions, abuse (eg. dropping equipment), vandalism, theft, fire, flood, wind, freezing, power failure, lightning, storms, water, power surges or inadequate power supply, unusual atmospheric conditions, acts of war, or acts of God.
f)Expendable items or consumable items including, but not limited to, recordable media, and other operating supplies and consumable items.
g)Service necessary because of improper storage, reconfiguration of equipment, use or movement of the equipment, including failure to place the equipment in an area that complies with Aleratec' published space or environmental requirements.
h)Equipment that is utilized in a way that is inconsistent with either the design of the equipment or the way Aleratec intended the equipment to be used, installed in a way that prevents normal service, or any case in which Aleratec would not honor any warranty regarding the equipment.
i) Nonfunctional parts, including damage to housings, plastic, sheet metal, or painted parts, knobs, handles, trim and/or appearance parts.
j) Equipment sold without our manufacturer's warranty or sold "as is."
k)Normal, periodic, or preventive maintenance.
l)Consequential damage to CDs and DVDs, as a result of the malfunctioning of an operating part, or as a result of any repairs or replacement under this Agreement.
m)Loss or damage as a result of violation of existing federal, state and municipal codes, including without limitation repairs to products not complying with said codes.
n)Consequential damages or delay in rendering service under this Agreement, or loss of use during the period that the product is awaiting parts.
o)Any product that has the serial number removed, defaced, or made illegible.
8. The Agreement shall be governed by the laws of the State of California. Any legal proceeding concerning any disputes, controversies, or claims arising out of or relating to this Agreement, the covered products, or the Agreement shall be instituted in any applicable court in Los Angeles County, California and you irrevocably submit to the jurisdiction of such court for such purposes. Aleratec may elect to have such matter determined by arbitration. Aleratec reserves its right to bring suit in any court of competent jurisdiction and is not required to submit to arbitration. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof to be unenforceable, that provision of the this Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
9. Aleratec reserves the right to assign its rights and obligations under this Agreement to a qualified third party designated by Aleratec. In the event of such an assignment, you agree to look solely to the third party assignee for performance.
10. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ARE HEREBY DISCLAIMED.
11. ALERATEC WILL NOT BE LIABLE FOR CONSEQUENTIAL DAMAGES, NOR IS IT LIABLE FOR MORE THAN THE ORIGINAL PRICE OF THE FAILED EQUIPMENT.
a) LIMITATION OF REMEDY. YOUR EXCLUSIVE REMEDY AND ALERATEC'S ENTIRE, COLLECTIVE LIABILITY IN CONTRACT, TORT OR OTHERWISE, UNDER THIS AGREEMENT IS THE REPLACEMENT OR REPAIR OF THE DEFECTIVE SYSTEM OR COMPONENTS IN ACCORDANCE WITH THIS AGREEMENT. IF ALERATEC IS UNABLE TO MAKE SUCH REPLACEMENT OR REPAIR, YOUR EXCLUSIVE REMEDY AND ALERATEC'S ENTIRE LIABILITY WILL BE THE PAYMENT OF ACTUAL DAMAGES NOT TO EXCEED THE AMOUNT PAID BY YOU FOR THE COVERED PRODUCT.
b) LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL ALERATEC BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EXPENSES, COST, LOST PROFITS, LOST REVENUE, LOST SAVINGS OR EARNINGS, OR OTHER FINANCIAL DAMAGES OF ANY KIND, LOST OR CORRUPTED DATA, OR OTHER LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR OUT OF THE INSTALLATION, DEINSTALLATION, USE OF, OR INABILITY TO USE ANY PRODUCTS, OR OUT OF THE USE OF ANY SERVICE MATERIALS PROVIDED HEREUNDER.
