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  • 1. Lenovo Maintenance Service AgreementNOTICE: PLEASE CAREFULLY READ THE FOLLOWING TERMS UNDER WHICH LENOVO WILLPROVIDE SERVICE TO YOU. WE WILL PROVIDE THIS SERVICE TO YOU ONLY IF YOU ACCEPTTHE TERMS OF THIS AGREEMENT BY ORDERING THE LENOVO SERVICE, OR BY YOUR INITIALUSE OF THIS SERVICE. IF YOU ARE UNABLE OR UNWILLING TO MEET EITHER OF THE FIRSTTWO CONDITIONS, DO NOT COMPLETE THE LENOVO SERVICE ORDER.If a Service is quoted at an incorrect price due to typographical error or error in pricinginformation: (1) We have the right to refuse or cancel any orders placed for the Service quoted atthe incorrect price, even if We have confirmed the receipt of Your order and charged Your creditor debit card; and, (2) if We have charged Your credit or debit card but subsequently canceledYour order, We will promptly issue a credit to Your credit or debit card account for the amountcharged.THE TERM AND SCOPE OF THIS SERVICE AGREEMENT MAY OVERLAP THE MANUFACTURER’SWARRANTY AND ANY OTHER APPLICABLE EXTENDED SERVICE CONTRACT; THISAGREEMENT DOES NOT REPLACE THE MANUFACTURER’S WARRANTY OR OTHERAPPLICABLE EXTENDED SERVICE CONTRACT, BUT DOES PROVIDE CERTAIN ADDITIONALBENEFITS DURING THE TERM OF THE MANUFACTURERS WARRANTY AND OTHERAPPLICABLE EXTENDED SERVICE CONTRACT.THIS AGREEMENT“You” and “Your” shall refer to the purchaser.“We”, “Us”, and “Our” shall refer to Lenovo.This is an Agreement between You and the “Obligor”/”Provider” of this Agreement, Lenovo Products(United States) Inc. (“Lenovo”).Lenovo Products (United States) Inc. is the “Administrator” of this Agreement.This Agreement is not available for consumer purchase in California and Florida.The purchase of this Agreement is not required to obtain financing or purchase any product.WHAT THIS AGREEMENT COVERSThis Lenovo Service Agreement (called the “Agreement”) and its supported product list are the completeand exclusive agreement regarding Your acquisition of warranty service upgrade and post-warrantyservice (called “Service”) for both Lenovo Machines and selected third party Machines (collectively called“Machines”) and replace any prior oral or written communications between You or Lenovo regarding suchacquisition.This Service is designed to keep Your Machines in, or restore them to, conformance with theirSpecifications. We reserve the right to inspect a Machine within one month from the activation date of thisService. If the Machine is not in an acceptable condition for Service, We will notify You, terminatecoverage, and refund Your money. Service for third-party Machines is subject to availability of repair partsand technical support required from the original manufacturer. You may request that We use repair partsmanufactured by the original manufacturer when these are available, but there may be an additionalcharge.We will provide Service, either 9 hours per day 5 days a week (Monday through Friday, excluding nationalholidays in the United States) during normal business hours, or 24 hours per day, 7 days per week asspecified by the part number that You ordered. We will provide this Service only in the country ofacquisition for Machines identified in the supported product list.FOR LENOVO MACHINES, SERVICE IS AVAILABLE ONLY 1) FOR A WARRANTY SERVICEUPGRADE, IF IT WAS PURCHASED DURING THE MACHINE’S LENOVO INITIAL BASE WARRANTYPERIOD, AND 2) IN THE CASE OF 24x7x2 HOUR ON-SITE SERVICE IN THE U.S., THE MACHINE ISLOCATED WITHIN 50 MILES OF SELECTED METROPOLITAN LOCATIONS. (NOTE: CERTAINFW2369-0405 Page 1 of 6 v2-0405
  • 2. REPAIRS TO A MOBILE MACHINE MAY REQUIRE SENDING THE MACHINE TO A LENOVOREPAIR CENTER).Service does not cover accessories, supply items, and certain parts, such as batteries, frames, andcovers. In addition, this Agreement does not cover Service of a Machine damaged by misuse, accident,modification, unsuitable physical or operating environment, improper maintenance by You, removal oralteration of Machine or parts identification labels, or failure caused by a product for which Lenovo is notresponsible. For third party Machines, this Agreement also does not cover Machine installation,engineering change activity, preventive maintenance, microcode/firmware activity, or features and partsnot supplied by the original manufacturer or Lenovo in performance of this Service.TYPES OF SERVICE FOR MACHINESWe will provide repair or exchange Service either at Your location, “called On-site,” or at Lenovo’s servicecenter, “called EasyServ.” Under On-site Service, if Service is required as determined by Us, We will usereasonable efforts to respond as specified in the supported product list. Some parts of Lenovo Machinesare considered Customer Replaceable Units (CRUs). We will ship these parts, which are external to themachine, to You for Your replacement. But for machines that Lenovo designates to be entirely CRU, Wewill ship such CRU parts as requested by customer even though customer had procured an on-siteLenovo service upgrade. All defective CRUs must be returned to Us. Under EasyServ Service, if Serviceis required as determined by Us, You may deliver the failing Machine or ship it suitably packaged(prepaid, unless We specify otherwise) to a location We designate, or We will use a courier to pick up andreturn the Machine as specified in the supported product list. We will ship such CRU parts as requestedby customer even though customer had procured an on-site Lenovo service upgrade. For machines notdesignated as entirely CRU, Lenovo will ship external CRUs for customer replacement even thoughcustomer had procured an on-site Lenovo service upgrade.When a type of Service involves the exchange of a Machine or part, the item We replace becomes itsproperty and the replacement becomes Yours. You represent that all removed items are genuine andunaltered. The replacement may not be new, but will be in good working order and at least functionallyequivalent to the item replaced. The replacement assumes the Service status of the replaced item. BeforeWe exchange a Machine or part, You agree to remove all features, parts, options, alterations, andattachments not under Our Service. You also agree to ensure that the item is free of any legal obligationsor restrictions that prevent its exchange. We are responsible for loss of, or damage to, Your Machinewhile it is 1) in Our possession or 2) in transit in those cases where We are responsible for thetransportation charges.You agree to obtain authorization from the owner to have Us service a Machine that You do not own. Youagree to follow the instructions We provide and where applicable, before Service is provided: 1) follow theproblem determination, problem analysis, and Service request procedures that We provide; and 2) secureall programs, data, and funds contained in a Machine.You agree 1) that You are responsible for the results obtained from the Service; and 2) to provide Us withsufficient, free, and safe access to Your facilities for Us to fulfill Our obligations.Your access to this Service will end one, two, three, four or five years, as indicated by the part numberthat You ordered, from the date on Your Lenovo Machine’s sales receipt or Your Lenovo MaintenanceService’s sales receipt, unless We inform You otherwise in writing. For a third party Machine, Your accessto this Service will end either one or three years as indicated by the part number that You ordered, fromthe date You activate this Service.CHARGES, PAYMENT, AND TAXESExcept for credit card and debit card transactions, amounts are due upon receipt of invoice. You agree topay as specified by Lenovo in the invoice, including any late payment fee. You are responsible for anytaxes resulting from this Agreement. You are responsible for any taxes resulting from this Agreement.RETURN POLICYYou may cancel this Service within 30 days and obtain a refund or credit. To qualify for this refund (orcredit, if appropriate), You must call the Administrator at 1-866-428-4465 within 30 days after the date WeFW2369-0405 Page 2 of 6 v2-0405
  • 3. deliver the Service to You to obtain a return-authorization form. You must return the Service informationto a Lenovo designated location by the date the Administrator specifies. A copy of Your invoice and theshipping label must accompany the return. Shipping and handling charges will not be refunded.LIMITED WARRANTYLenovo warrants that Services will be performed using reasonable care and skill.THIS WARRANTY IS YOUR EXCLUSIVE WARRANTY AND REPLACES ALL OTHER WARRANTIESOR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIEDWARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULARPURPOSE.LIMITATION OF LIABILITYOUR LIMIT OF LIABILITY FOR ANY CLAIM UNDER THIS AGREEMENT IS THE COST TO REPAIR ORREPLACE YOUR COVERED PRODUCT IN ACCORDANCE WITH THE TERMS OF THISAGREEMENT, NOT TO EXCEED THE PURCHASE PRICE ACTUALLY PAID FOR THE PRODUCTAND THE AGREEMENTPLEASE NOTE, UNDER NO CIRCUMSTANCES ARE WE JOINTLY OR SEVERALLY LIABLE FOR ANYOF 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 ORSAVINGS), EVEN IF WE ARE INFORMED OF THEIR POSSIBILITY. SOME JURISDICTIONS DO NOTALLOW THE EXCLUSION OR LIMITATION OF SUCH DAMAGES, SO THE ABOVE EXCLUSION ORLIMITATION MAY NOT APPLY TO YOU.GENERALNothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited bycontract.A copy of Your invoice is Your proof of entitlement to Service.You and We agree that, under this Agreement, all information exchanged is nonconfidential. If either Youor We require the exchange of confidential information, it will be made under a signed confidentialityagreement.You agree to allow Us to store Your contact information, such as names, phone numbers, and e-mailaddresses, in any country where Lenovo does business and to use such information internally and tocommunicate with You for the purposes of Our business relationship.Neither You nor We will bring a legal action, under this Agreement, more than two years after the causeof action arose unless otherwise provided by local law without the possibility of contractual waiver orlimitation.Neither You nor We are responsible for failure to fulfill any obligation due to causes beyond its control.You may not assign, or otherwise transfer, this Agreement or Your rights under it, or delegate Yourobligations, without prior written consent. Any attempt to do so is void. This Agreement is not renewable.This Agreement covers failure due to normal wear and tear.In the event that any provision of this Agreement is held to be invalid or unenforceable, the remainingprovisions of this Agreement remain in full force and effect.All Your rights and all Our obligations are valid only in the United States.ArbitrationRead 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 ofhis/her heirs, survivors, assigns and representatives. And, We and Us shall mean the Obligor identifiedabove and shall be deemed to include all of its agents, affiliates, successors and assigns, and any retaileror distributor of its products, and all of the dealers, licensees, and employees of any of the foregoingentities.FW2369-0405 Page 3 of 6 v2-0405
  • 4. Any and all Claims, disputes, or controversies of any nature whatsoever (whether in Agreement, tort orotherwise, including statutory, common law, fraud (whether by misrepresentation or by omission) or otherintentional tort, property, or equitable Claims) arising out of, relating to, or in connection with (1) thisAgreement 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 bindingarbitration before a single arbitrator. All arbitrations shall be administered by the American ArbitrationAssociation (“AAA”) in accordance with its Expedited Procedures of the Commercial Arbitration Rules ofthe AAA in effect at the time the Claim is filed. The terms of this Provision shall control any inconsistencybetween the AAAs Rules and this Provision. You may obtain a copy of the AAAs 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 thearbitrator. The arbitrator will decide whether You or We will be responsible for these fees. The arbitratorshall 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 involvinginterstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. If anyportion of this Provision is deemed invalid or unenforceable, it shall not invalidate the remaining portionsof the Provision. This Provision shall inure to the benefit of and be binding on You and Us and it shallcontinue in full force and effect subsequent to and notwithstanding the expiration of termination of thisAgreement.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.INDIVIDUAL STATE DISCLOSURES IN ALABAMA: Prior notice is not required if the reason for cancellation is nonpayment of the Providerfee or a material misrepresentation by You relating to the covered property or its use, or a substantialbreach of Your duties relating to the covered Product or its use. The obligations of the Provider underthis Agreement are backed by the full faith and credit of Lenovo.IN COLORADO: Action under this Agreement may be covered by the provisions of the “ColoradoConsumer Protection Act” or the Unfair Practices Act”, articles 1 and 2 of title 6, C.R. S. A party to thisAgreement may have a right of civil action under these laws, including obtaining the recourse or penaltiesspecified in such laws.IN CONNECTICUT: Your Agreement term is automatically extended by the length of time in which thecovered Product is in Our custody for repair. If You have a dispute with Us, You may contact the State ofConnecticut, Insurance Department, P.O. Box 816, Hartford, CT 06142-0816, Attn: Consumer Affairs.The written complaint must contain a description of the dispute, the purchase price of the Product, thecost of repair of the Product, and a copy of the Agreement. The obligations of the Provider under thisAgreement are backed by the full faith and credit of Lenovo.IN GEORGIA: If You purchase Your Agreement in Georgia, You are entitled to cancel this Agreement atany time. Cancellation must comply with Section 33-24-44 of the Georgia Code. Any refund owed in theevent of cancellation shall be determined on the excess of the Agreement purchase price above thecustomary short rate for the expired term of the Agreement, and no Claim paid or incurred shall bededucted from any refund owed. We are also entitled to cancel this Agreement at any time based uponfraud, misrepresentation, or failure to pay for the Agreement, and notice of cancellation by Us will begiven at least thirty (30) days prior to cancellation. Refunds will be issued on a pro rata basis. Under“What this agreement does not cover”, provision Q is deleted and replaced with the following: ANY ANDALL PRE-EXISTING CONDITIONS KNOWN BY YOU THAT OCCUR PRIOR TO THE EFFECTIVE DATEOF THIS AGREEMENT. The section concerning Arbitration is deleted in its entirety. The obligations ofthe Provider under this Agreement are backed by the full faith and credit of Lenovo.IN HAWAII: Prior notice is not required if the reason for cancellation is nonpayment of the Provider fee ora material misrepresentation by You relating to the covered property or its use, or a substantial breach ofYour duties relating to the covered Product or its use. If You have a question or complaint, You maycontact the Insurance Commissioner, 250 South King Street, 5th Floor, Honolulu, Hawaii 96813.IN ILLINOIS: The cancellation fee is equal to the lesser of ten percent (10%) of the Agreement purchaseprice or fifty dollars ($50.00). This Agreement does not provide coverage for normal wear and tear exceptas specifically provided in the coverage section above. The obligations of the Provider under thisAgreement are backed by the full faith and credit of Lenovo.FW2369-0405 Page 4 of 6 v2-0405
  • 5. IN INDIANA: The obligations of Lenovo under this Agreement are backed by the full faith and credit ofLenovo.IN KENTUCKY: The obligations of the Provider under this Agreement are backed by the full faith andcredit of Lenovo.IN MARYLAND: The “Purchase Price” shall refer to the purchase price of the covered Product as shownon Your sales receipt. We will pay a penalty of 10% of the Agreement purchase price per month on arefund that is not paid or credited within forty-five (45) days after return of the Agreement to Us.IN MISSOURI: The obligations of the Provider under this Agreement are backed by the full faith andcredit of Lenovo.IN NEVADA: No claim incurred or paid shall be deducted from the amount of Your cancellation refund. IfWe are unable to repair Your Product, replacement of Your covered Product will be provided for with astore voucher or check equal to the original purchase price of the covered Product. Refund of the originalProduct purchase price will fulfill this Agreement in its entirety and will cancel and discharge all furtherobligations under this Agreement. With respect to each Product covered under this Agreement, Ourliability is limited to the original retail purchase price You paid for such Product. We may not cancel thisAgreement once it has been in effect for seventy (70) days, except under the following conditions: failureto pay the Agreement purchase price; the conviction of You of a crime which results in an increase in theService required under the Agreement; fraud or material misrepresentation by You in purchasing theAgreement or obtaining Service; the discovery of an act or omission, or a violation of any condition of theAgreement by You which substantially and materially increases the Service required under theAgreement; or a material change in the nature or extent of the Service required under the Agreementwhich occurs after the purchase of the Agreement and substantially and materially increases the Servicerequired beyond that contemplated at the time of purchase. If We cancel the Agreement, You will berefunded the unearned pro rata purchase price of the Agreement. This Agreement is not renewable. Theobligations of the Provider under this Agreement are backed by the full faith and credit of Lenovo.IN NEW HAMPSHIRE: In the event you do not receive satisfaction under this Plan, you may contact theNew Hampshire Insurance Department at 21 South Fruit Street, Suite 14, Concord NH 03301, (800) 852-3416.IN NEW MEXICO: We may not cancel this Agreement once it has been in effect for seventy (70) days,except under the following conditions: (a) failure to pay the Agreement purchase price; (b) the convictionof You of a crime which results in an increase in the Service required under the Agreement; (c) fraud ormaterial misrepresentation by You in purchasing the Agreement or obtaining Service; (d) or the discoveryof an act or omission, or a violation of any condition of the Agreement by You which substantially andmaterially increases the Service required under the Agreement. If We cancel, You will receive a refundequal to the unearned pro rata purchase price less the cost of any repairs made.IN NEW YORK: You may cancel this Agreement at any time after thirty (30) days from receipt andreceive a pro rata refund of the purchase price less the value of any service received. Prior notice is notrequired if the reason for cancellation is nonpayment of the Provider fee, a material misrepresentation, ora substantial breach of duties by You relating to the covered property or its use.IN NORTH CAROLINA: The obligations of the Provider under this Agreement are backed by the full faithand credit of Lenovo.IN OKLAHOMA: The Cancellation provision of Your Agreement is deleted in its entirety and replaced bythe following: If You cancel the Agreement, You shall receive a refund equal to ninety percent (90%) ofthe unearned pro rata purchase price. If We cancel the Agreement, You shall receive a refund equal toone hundred percent (100%) of the unearned pro rata purchase price of the Agreement. No claimincurred or paid shall be deducted from the amount of Your cancellation refund.IN SOUTH CAROLINA: Prior notice is not required if the reason for cancellation is nonpayment of theprovider fee or a material misrepresentation by You relating to the covered property or its use, or asubstantial breach of Your duties relating to the covered product or its use. If You have a question, acomplaint or Your claim is not handled in a timely manner, You may contact the South CarolinaDepartment of Insurance, P. O. Box 100105, Columbia, South Carolina, 29202-3105, Telephone (800)768-3467. The obligations of the Provider under this Agreement are backed by the full faith and credit ofLenovo.IN TEXAS: Prior notice is not required if the reason for cancellation is nonpayment of the Provider fee ora material misrepresentation by You relating to the covered property or it’s use, or a substantial breach ofYour duties relating to the covered Product or its use. If You have a question or complaint, You maycontact the Texas Department of Licensing and Regulations, P. O. Box 12157, Austin, Texas 78711,FW2369-0405 Page 5 of 6 v2-0405
  • 6. (800) 803-9202 or (512) 463-6599. The obligations of the Provider under this Agreement are backed bythe full faith and credit of Lenovo.IN UTAH: Coverage afforded under the Agreement is not guaranteed by the Property and CasualtyGuaranty Association. We can cancel this Agreement during the first sixty (60) days of an annual term bymailing to You a notice of cancellation at least thirty (30) days prior to the effective date of cancellationexcept that We can also cancel this Agreement during such time period for nonpayment of premium bymailing You a notice of cancellation at least thirty (30) days prior to the effective date of cancellation.After sixty (60) days have elapsed, We may cancel this Agreement by mailing a cancellation notice to Youat least thirty (30) days prior to the effective date of cancellation for cancellations due to any of thefollowing reasons: (a) nonpayment of premium; (b) material misrepresentation; (c) substantial change inthe risk assumed, unless We should reasonably have foreseen the change or contemplated the risk whenentering into the Agreement; or (d) substantial breach of contractual duties, conditions, or warranties.Arbitration is deleted in its entirety. This Agreement does not have a deductible. The obligations of theProvider under this Agreement are backed by the full faith and credit of Lenovo.IN VERMONT: You may, within 20 calendar days of receipt of the Agreement, reject and return theAgreement. Upon return of the Agreement within the applicable time period, if no claim has been madeunder the Agreement, We shall refund to You the full purchase price.IN WASHINGTON: In the event We cancel the Agreement, We will mail a written notice to You at Yourlast known address at least twenty-one (21) days prior to cancellation which shall state the effective dateof cancellation and the reason for cancellation.IN WYOMING: The section concerning Arbitration is deleted in its entirety. It is not applicable to You.Prior notice is not required if the reason for cancellation is nonpayment of the Provider fee or a materialmisrepresentation by You relating to the covered property or its use, or a substantial breach of Yourduties relating to the covered Product or its use. The obligations of the Provider under this Agreementare backed by the full faith and credit of Lenovo.FW2369-0405 Page 6 of 6 v2-0405

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