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THE FOLLOWING ARE THE
RIGHTS AND OBLIGATIONS AS WELL AS LIMITATIONS AND EXCLUSIONS
THAT APPLY TO YOU.
DAWSON Summit,
Davinci, Conquest & Corridor
LIMITED WARRANTY TERMS AND CONDITIONS
AGREEMENT
DAWSON TECHNOLOGIES INC.
902 CENTRE STREET NE CALGARY ALBERTA
CANADA T2E 2P7
THIS AGREEMENT CONTAINS THE
WARRANTY AND TERMS AND CONDITIONS THAT APPLY TO YOUR PURCHASE OF A
Summit, Davinci, Conqeust or Corridor COMPUTER DIRECTLY FROM DAWSON
TECHNOLGIES INC. THE PRODUCT CONSISTS OF DAWSON-BRANDED HARDWARE
DESCRIBED IN YOUR PURCHASE RECEIPT OR INVOICE. THE PRODUCT DOES NOT
INCLUDE SOFTWARE, NON DAWSON-BRANDED EXTERNAL HARDWARE PERIPHERALS
SUCH AS JOYSTICKS, PRINTERS, SCANNERS, ETC., AND THEIR RELATED
DOCUMENTATION (COLLECTIVELY "ACCESSORIES"). YOU AGREE THAT
THIS AGREEMENT APPLIES TO THE PURCHASE OF YOUR PRODUCT.
INSPECTION OF PRODUCT UPON
RECEIPT. You must examine the Product and
Accessories when you receive them. If any item is damaged or missing,
you must notify DAWSON at once. DAWSON will not consider any claim for
damaged or missing items more than thirty (30) days from the date of
delivery.
TITLE.
Title and risk of loss to the Product and Accessories passes upon
delivery to you or your carrier.
SHIPMENT.
DAWSON will arrange for shipping the Product to your address. The
costs of shipping and handling during shipment will be shown on your
purchase receipt or invoice. DAWSON will inform you of approximate
shipment dates, but it will not be responsible for delays in delivery
due to events beyond its control, including shortage of materials,
labor strikes, transportation failures, or acts of God.
PRICE & PAYMENT. Your
total price will be stated on your purchase receipt or invoice. Prices
and configurations advertised are subject to change without notice or
obligation prior to acceptance of your order. Prices advertised do not
include shipping and handling, or applicable sales taxes, and these
will be added to the price you pay. Any existing or new taxes or fees
charged by any governmental authority will be added to your purchase
receipt or invoice.
FINANCING OPTIONS;
NON-PAYMENT OR LATE PAYMENTS. If you make
monthly payments through a DAWSON-sponsored financing program, you
will receive invoices from the financing institution that will show
the amount you owe each month. The total payments will be based on the
Product and Accessories you purchase and the financing package you
select. You are legally obligated to make the specified payment
monthly. If you fail to make payment or make late payments, you may be
charged interest on overdue amounts, and may be subject to other
sanctions permitted by law.
1. LIMITED WARRANTY; DISCLAIMER
OF WARRANTIES.
LIMITED WARRANTY. DAWSON warrants to
you that the Product (excluding Accessories and the specific
components identified below) will be free from defects in materials
and/or workmanship for three (3) years from the date of shipment.
- This limited warranty only
applies to DAWSON-branded Products.
- DAWSON does not provide a
warranty for Accessories. Please refer to the warranty provided by
the manufacturer of each Accessory.
2. During the warranty period,
DAWSON will correct any defects in material or workmanship, or any
failure of the Product to conform to DAWSON's published
specifications, at no charge for in-house labor and materials. YOU ARE
RESPONSIBLE FOR AND MUST PREPAY SHIPPING, HANDLING AND INSURANCE COSTS
RELATING TO OBTAINING WARRANTY SERVICE OR RETURNING PRODUCTS AND
ACCESSORIES FOR A EXCHANGE. Any replacement parts or Products will be
new or serviceably used, and warranted for the remainder of the
original warranty or thirty (30) days from the date of shipment of the
replacement parts or Products, whichever is longer. Purchasing any
additional parts or Products from DAWSON does not extend this warranty
period. THIS WARRANTY IS NOT TRANSFERABLE.
A. Defects in CD-ROMS, DVDs,
diskettes or other software media that are delivered with your Product
are covered for one year from the date you received your Product.
DAWSON does not warrant any software.
B. DISCLAIMER OF WARRANTIES. THE
LIMITED WARRANTY STATED ABOVE IS THE ONLY WARRANTY APPLICABLE TO THE
PRODUCT. ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED AND
INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. THE LAWS IN SOME
JURISDICTIONS, HOWEVER, DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES. IF THESE LAWS APPLY, THEN ALL EXPRESS AND IMPLIED
WARRANTIES ARE LIMITED IN DURATION TO THE THREE-YEAR LIMITED WARRANTY
PERIOD DESCRIBED ABOVE. NO WARRANTIES APPLY AFTER THAT PERIOD. NO ORAL
OR WRITTEN INFORMATION OR ADVICE GIVEN BY DAWSON, ITS AGENTS OR
EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF
THIS LIMITED WARRANTY.
THIS WARRANTY GIVES YOU SPECIFIC
LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM
PROVINCE TO PROVINCE OR STATE TO STATE.
To International Clients
The limited warranty for
international clients is the same as for clients within Canada, with
the following exceptions: Clients who purchase their Product through
an international reseller will have their warranty honored through
that reseller. On all orders for replacement part/Product, the Client
must pay for the replacement part/Product and shipping and handling
costs before the replacement part/Product will be shipped. DAWSON will
refund the cost of the replacement part/Product when the defective
part/Product is returned to DAWSON. Shipping and handling charges are
not refundable. DAWSON IS ALSO NOT RESPONSIBLE FOR ANY CUSTOMS FEES,
TAXES, OR VAT THAT MAY BE DUE; THE CLIENT IS RESPONSIBLE FOR THESE
CHARGES, EVEN IF DELIVERY OF THE PRODUCT IS REFUSED BY THE CLIENT. ON
ALL ORDERS FOR IN-HOUSE SERVICE, CLIENT IS RESPONSIBLE FOR SHIPPING
AND HANDLING CHARGES TO AND FROM DAWSON, CUSTOMS FEES, TAXES, OR VAT
THAT MAY BE DUE.
DAWSON’s fax/modems do not work in
every country. Please contact DAWSON’s Client Support about specific
countries before you travel abroad.
YEAR . The Product, without any
modifications, will roll over to the correct date on and after January
1, . However, DAWSON is not responsible for any Accessories that
improperly set, reset, or calculate dates. You will need to contact
the supplier of these Accessories with questions and concerns
regarding their Year capabilities.
3. EXCLUSIONS. THIS LIMITED
WARRANTY COVERS NORMAL USE. DAWSON DOES NOT WARRANT AND IS NOT
RESPONSIBLE FOR:
A. DAMAGE CAUSED BY FAILURE TO
PROVIDE A SUITABLE INSTALLATION OR OPERATING ENVIRONMENT FOR THE
PRODUCT AND/OR ACCESSORIES;
B. DAMAGE DURING SHIPMENT OTHER THAN ORIGINAL SHIPMENT TO THE CLIENT;
C. DAMAGE CAUSED BY IMPACT WITH OTHER OBJECTS, DROPPING, FALLS,
SPILLED LIQUIDS, OR IMMERSION IN LIQUIDS;
D. DAMAGE CAUSED BY A POWER SURGE OR A DISASTER SUCH AS FIRE, FLOOD,
WIND, EARTHQUAKE, OR LIGHTNING;
E. DAMAGE CAUSED BY UNAUTHORIZED ATTACHMENTS, ALTERATIONS,
MODIFICATIONS OR FOREIGN OBJECTS;
F. DAMAGE CAUSED BY ACCESSORIES;
F. DAMAGE CAUSED BY THE USE OF THE PRODUCT OR ACCESSORIES FOR PURPOSES
OTHER THAN THOSE FOR WHICH IT IS CUSTOMARILY USED;
H. DAMAGE FROM IMPROPER INSTALLATION OR MAINTENANCE;
I. DAMAGE CAUSED BY ANY OTHER ABUSE, MISUSE, MISHANDLING, OR
MISAPPLICATION;
J. ACCESSORIES OR OTHER PRODUCTS OR SERVICES OF COMPANIES OTHER THAN
DAWSON;
K. DAMAGE CAUSED BY PROGRAMS, DATA, OR OTHER FILES;
L. DAMAGE RESULTING FROM YOUR FAILURE TO BACK-UP YOUR DATA OR OTHER
FILES; OR
M. YEAR PROBLEMS CAUSED BY NON-DAWSON PRODUCTS.
4. ON-SITE SERVICE AGREEMENT.
On-site service may be provided by a third party vendor.
LIMITATION OF LIABILITY.
ANY LIABILITY OF DAWSON UNDER THIS
AGREEMENT, INCLUDING ANY FAILURE OF THE PRODUCT TO BE YEAR COMPLIANT,
IS EXPRESSLY LIMITED TO THE PRICE YOU HAVE PAID FOR THE PRODUCT AND
ACCESSORIES. YOUR SOLE REMEDY AGAINST DAWSON IN ANY DISPUTE UNDER THIS
AGREEMENT SHALL BE TO SEEK RECOVERY OF THE AMOUNTS YOU HAVE PAID, UPON
THE PAYMENT OF WHICH DAWSON SHALL BE RELEASED FROM AND DISCHARGED OF
ALL FURTHER OBLIGATIONS AND LIABILITY TO YOU. IN NO EVENT SHALL EITHER
PARTY BE LIABLE TO THE OTHER FOR SPECIAL, EXEMPLARY, CONSEQUENTIAL,
INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF
ANTICIPATED PROFITS OR REVENUE, ECONOMIC LOSS, LOSS OF DATA, LOSS OF
USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST
OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN
TIME, YOUR TIME, THE CLAIMS OF THIRD PARTIES, AND INJURY TO PROPERTY,
REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING BUT NOT LIMITED TO,
BREACH OF WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR
STRICT LIABILITY, AND EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH LOSS OR DAMAGE.
A. TECHNICAL SUPPORT. DAWSON
provides a range of technical support options for the Product. It is
likely that many of your questions will be answered by the
documentation shipped with, and information loaded on, the Product. In
addition, DAWSON provides technical support through its Internet sites
located at www.dawsonpc.com
. DAWSON will provide reasonable support, for a limited period of
time, for the operating system software that is pre-installed on the
Product. DAWSON DOES NOT PROVIDE FREE SOFTWARE TUTORING OR SUPPORT FOR
ANY OTHER SOFTWARE PRODUCTS OR ANY PRODUCTS PURCHASED FROM THIRD PARTY
VENDORS.
B. PRODUCT MANUALS. A number of
manuals and other publications accompanied your Product and
Accessories. In addition, there are a number of help files loaded on
your Product. We recommend that you carefully review these materials.
C. DAWSON INTERNET SITE. We also
recommend that before calling technical support, you go to DAWSON’s
site on the Internet. It is likely that you can find answers to most,
or all, of your questions there.
You can find information regarding
Frequently Asked Questions (FAQs), technical documentation and updated
driver files. DAWSON DOES NOT SUPPORT DRIVERS AND PATCHES OBTAINED
FROM NON-DAWSON SITES.
CLIENT SUPPORT: 877-219-3031 .The
DAWSON Client Support depar ent can assist you with non-technical
questions. This is the number to call to change your address or to
inquire about orders, bills, invoices, and obtaining warranty service.
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