HARDWARE WARRANTY
Extended Warranty Addendum — Samsung Tab Active5
This Product Term is incorporated by reference into and forms part of the Zonar Unified End User License Agreement. It applies only to the products and services identified in your Order.
This Extended Warranty is not a contract of insurance. The contents of this Extended Warranty Addendum – Samsung Tab Active5 (“Extended Warranty Addendum”) should be interpreted and understood within the meaning of a “service contract”, as set forth in RCW 48.110.020.
1. Definitions
Any defined terms used in this Extended Warranty Addendum that are not otherwise defined herein will have the meanings assigned to them in the Agreement.
a. “Accidental Damage” (also referred to as ADH) means a sudden, unexpected and unintentional external event that results in “physical” damage to the Covered Hardware, including spilled liquids and drops.
b. “Covered Hardware” means the new Samsung Tab Active5 tablet purchased from Zonar along with the optional Extended Warranty and document in a Zonar Sales Order (all Tab Active5 Tablets purchased from Zonar will be documented in such a Sales Order).
c. “Extended Warranty” means the Extended Warranty that You purchased, as set forth in the Zonar Quote/Zonar Sales Order and defined by this Extended Warranty Addendum.
d. “Extended Warranty Holder”, “You”, and/or “Your” means the original business entity identified in the Agreement as the purchaser or owner of the Covered Hardware covered by this Extended Warranty.
e. “Our” and “We” means Zonar Systems.
f. “Extended Warranty Period” shall have the meaning set forth in Section 2.
g. “Extended Warranty Service” means any warranty service provided by Zonar (or its agents) under this Extended Warranty Addendum.
h. “MB” refers to mechanical or electrical breakdown of Your Device screen or digitizer resulting from defects in materials or workmanship
2. Extended Warranty Period
The Extended Warranty Period and associated coverage under this Extended Warranty begins on the Start Date (the date the Tab Active5 is shipped) and ends three (3) years from the date of shipment. This Extended Warranty Period and coverage may not be renewed or extended. In the event the Zonar Services Agreement under which Zonar provides service for the Covered Hardware is terminated for any reason, this Extended Warranty shall also terminate.
3. Your Responsibilities
• PRODUCT PROTECTION: If protective items such as covers, carrying cases or pouches were provided or made available for use with your Hardware, You should make every effort to utilize these product accessories for protection against damage to your Hardware. If You suspect damage or breakdown of your Hardware, You should promptly take reasonable precautions in order to protect against further damage. ANY CLAIM DETERMINED TO BE AS A RESULT OF NEGLECT, NEGLIGENCE, MISUSE OR ABUSE (AS DEFINED) OF OR TO THE COVERED PRODUCT WILL NOT BE COVERED UNDER THIS CONTRACT.
• MAINTENANCE AND INSPECTIONS: If specified in the Hardware manufacturer’s warranty and/or owner’s manual you must perform all of the care, maintenance and inspections for the Hardware as indicated. You may be required to provide proof of fulfilment of such maintenance, care and/or inspection services at time of claim. ANY CLAIM RESULTING FROM THE LACK OF COMPLIANCE WITH THE PRODUCT MANUFACTURER’S WARRANTY AND/OR OWNER’S MANUAL WILL NOT BE COVERED UNDER THIS CONTRACT.
4. What is Covered
This Contract provides for the labor and/or parts necessary to repair your Covered Hardware when you have a covered claim. At Our sole discretion, you may be provided a replacement for your original Covered Hardware in lieu of repair. See the About Repairs, and About Replacements bullets below for full details.
• About Repairs – Parts used for repairs may be new, used, refurbished or parts that perform to the factory specifications of your original Covered Hardware.
• About Replacements – Reasonable efforts will be made in order to replace your original Covered Hardware with a same match; however, we reserve the right to replace the original Covered Hardware with one of equal or similar features and functionality, but we do not guarantee such replacement will be the same color, or model as your original Covered Hardware. Additionally, please note that sometimes-technological advances that are out of our control may result in a replacement that has a lower selling price than your original Covered Hardware, and this Agreement does not provide any reimbursement for such a cost difference. Also, know that any/all parts, components, or whole items that we provide replacement for will automatically become our property.
• Coverage:
Care+ for Business Unlimited Accidental Damage Protection Plan
PLAN COVERAGE – Coverage is provided for Your Tab Active5 as follows:
• Unlimited ADH coverage is provided for Your Tab Active5 during the Extended Warranty Period.
• MB coverage starts after the expiration of the manufacturer’s warranty, and continues thru the Extended Warranty Period.
• One-time battery replacement service for Your Tab Active5 in the event a non-disposable battery fails due to a MB defect including but not limited to, short circuit, swelling or leakage.
PLAN CLAIMS LIMIT – Our limit of liability under this Plan shall be as follows:
• ADH Claims: any single ADH claim shall not exceed the lesser of the fair market value or the MSRP of the Tab Active5 at the time of claim. There is no limit to the number of valid claims We will pay during the Term of this Plan. Upon expiration of the Term of this Plan, Our obligations will be considered fulfilled and We shall have no further responsibility to repair or replace Your Tab Active5 thereafter.
• MB Claims: an unlimited number of covered claims until the accumulated amount that We have paid equals the MSRP of the Covered Device per each 12 month period from the effective date of this contract until the end of the term. Once this limit is reached, Our obligations will be considered fulfilled for the 12 month period. If this limit is reached in the final 12 months period, Our obligations will be fulfilled and Your Plan will expire after the last repair is completed.
5.
What is Excluded from Coverage. AS RELATED AND APPLICABLE TO THE COVERED HARDWARE(S), THIS CONTRACT DOES NOT COVER ANY FAILURE, DAMAGE, REPAIRS OR SERVICES IN CONNECTION WITH OR RESULTING FROM:
a. A pre-existing condition known to you (“pre-existing condition” refers to a condition that within all reasonable probability, relates to the functional fitness of the Covered Hardware screen before this Contract was purchased);
b. Any claim for service to or replacement of the Covered Hardware that has not been prior authorized by the Administrator;
c. Servicing of the Covered Hardware in association with a non-covered claim, and shipping or delivery charges associated with the initial purchase of the Covered Hardware;
d. Fortuitous events; including, but not limited to: environmental conditions, exposure to weather conditions or perils of nature; collapse, explosion or collision of or with another object; fire, any kind of precipitation, lightning, dirt/sand, smoke, nuclear radiation, radioactive contamination, riot, war or hostile action;
e. Breakdown or damage that is covered under any other insurance, warranty, guarantee and/or service agreement providing the same benefits as outlined in this Contract;
f. Abuse (meaning, the intentional treatment of the Covered Hardware in a harmful, injurious, malicious or offensive manner which results in its damage and/or breakdown), neglect, negligence, misuse, intentional harm or malicious mischief of or to the Covered Hardware;
g. Theft or mysterious disappearance, loss (unforeseen disappearance) or vandalism of or to the Covered Hardware;
h. Rust, corrosion, warping, bending, animals, animal inhabitation or insect infestation;
i. Any upgrades, attachments, accessories or peripherals, or any breakdown or damage to these items except as expressly provided for under this Plan, as described under the definition of Covered Accessories. Any and all other accessories are expressly excluded irrespective of whether such accessories were included with the original purchasing or purchased separately;
j. Any items that are consumer replaceable and designed to be replaced over time throughout the life of the Covered Hardware; including, but not limited to batteries, except as otherwise expressly provided for under the Coverage Plan Options section; any and all degradation of battery capacity occurring after 12 months from the purchase date of this Plan;
k. Improper removal or installation of replaceable components, modules, parts or peripherals and/or installation of incorrect parts;
l. Routine, periodic or preventative maintenance;
m. Lack of providing manufacturer’s recommended maintenance or operation/storage of the Covered Hardware in conditions outside manufacturer specifications, or use of the Covered Hardware in such a manner as would be voidable coverage under the manufacturer’s warranty, or use of the Device in a manner inconsistent with its design or manufacturer specifications;
n. Adjustment, manipulation, modification, removal or unauthorized repairs of any internal component/part of a Covered Hardware performed by anyone other than a service center/technician authorized by the Administrator or the manufacturer;
o. Any kind of manufacturer recall or rework order on the Covered Hardware, of which the manufacturer is responsible for providing, regardless of the manufacturer’s ability to pay for such repairs; or
p. Any Claim related to cosmetic damage (meaning damages or changes to the physical appearance of the Covered Hardware that does not impede or hinder the normal operational function; such as scratches, abrasions, or changes in color, texture, or finish) or structural imperfections (when such do not impair the overall functionality of the Covered Product);
q. Service or replacement outside the 50 States and the District of Columbia of the United States of America.
IMPORTANT: RESTORATION OR TRANSFER OF SOFTWARE AND/OR DATA, AND DATA RECOVERY SERVICES ARE EXPRESSLY EXCLUDED UNDER THIS SERVICE CONTRACT. WHEN AT ALL POSSIBLE, WE STRONGLY ENCOURAGE YOU TO BACK UP ALL SOFTWARE AND DATA ON A REGULAR BASIS AND ESPECIALLY PRIOR TO SUBMITTING YOUR COVERED HARDWARE FOR SERVICING PURSUANT TO THE TERMS AND CONDITIONS OF THIS CONTRACT.
6. Extended Warranty Service Process
Any request for Extended Warranty Service requires a Return Material Authorization (“RMA”) number. All RMAs must be pre-authorized by Zonar Customer Care at: E-mail: Customercare@zonarsystems.com. Phone: 1(877) THE-EVIR.
7. No Deductible
There is no deductible for this Extended Warranty.
8. Non-Transferability
This Extended Warranty is not transferable. Any attempt to transfer or assign the Extended Warranty is void and without effect.
9. Cancellation
This Extended Warranty is non-cancelable and non-refundable.
10. General Terms
(a). Zonar may subcontract or assign performance of its obligations to third parties but shall not be relieved of its obligations to You in doing so. (b). Zonar is not responsible for any failures or delays in performing under the Plan that are due to events outside Zonar’s reasonable control.
11. Service Details
DURING HARDWARE SERVICE, ZONAR OR ITS REPAIR LOCATION MAY DELETE THE CONTENTS OF THE COVERED DEVICE AND REFORMAT THE STORAGE MEDIA. Zonar will return Your Covered Device or provide a replacement as the Covered Device was originally configured, subject to applicable updates. Zonar may install OS updates as part of hardware service that will prevent the Covered Device from reverting to an earlier version of the OS. Third party applications installed on the Covered Device may not be compatible or work with the Covered Device as a result of the OS update. You will be responsible for reinstalling all other software programs, data and passwords.
12.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZONAR AND ITS EMPLOYEES AND AGENTS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU OR ANY SUBSEQUENT OWNER OF THE COVERED DEVICE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO THE COSTS OF RECOVERING, REPROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA OR THE FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA, ANY LOSS OF BUSINESS, PROFITS, REVENUE OR ANTICIPATED SAVINGS, RESULTING FROM ZONAR’S OBLIGATIONS UNDER THIS PLAN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMIT OF ZONAR AND ITS EMPLOYEES’ AND AGENTS’ LIABILITY TO YOU AND ANY SUBSEQUENT OWNER ARISING UNDER THE PLAN SHALL NOT EXCEED THE ORIGINAL PRICE PAID FOR THE PLAN. ZONAR SPECIFICALLY DOES NOT WARRANT THAT (i) IT WILL BE ABLE TO REPAIR OR REPLACE THE COVERED DEVICE WITHOUT RISK TO OR LOSS OF PROGRAMS OR DATA, (ii) IT WILL MAINTAIN THE CONFIDENTIALITY OF DATA, OR (iii) THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE. THE BENEFITS CONFERRED BY THIS PLAN ARE IN ADDITION TO ANY RIGHTS AND REMEDIES PROVIDED UNDER CONSUMER LAWS AND REGULATIONS. TO THE EXTENT THAT LIABILITY UNDER SUCH LAWS AND REGULATIONS MAY BE LIMITED, ZONAR’S LIABILITY IS LIMITED, AT ITS SOLE OPTION, TO REPLACEMENT OR REPAIR OF THE COVERED DEVICE OR SUPPLY OF THE SERVICE. SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. Governing Law
This Extended Warranty shall be governed and construed by the laws of the State of Washington.
© Zonar Systems, Inc. — incorporated by reference into your Sales Order.