Argonaut Computer ©

Services Agreement - Terms and Conditions

ADP Warranty

Argonaut Accidental Damage Protection

Argonaut will provide you with ADP Service pursuant to the following terms and conditions:

1. Covered Computer Devices: You must pay a separate Total Price for each Computer Device you wish to be covered by this Agreement. With regard to each Computer Device covered by this Agreement the following general terms, conditions and exclusions shall apply:
   1. Computers.
      1. Notebooks. Only the central processing unit, internal keyboard, internal drives, plastics, and the computer’s built-in LCD are covered.
      2. Desktops. Only the central processing unit, keyboard, mouse, internal drives, and the computer’s original monitor (when invoiced as part of system order purchase) are covered.
   2. Peripherals
      
      Only parts built in or on the base unit, including parts or accessories that are required for regular operation of the unit and shipped at point of sale, such as internal memory, built-in LCD, internal components/switches, built-in buttons, drawers, lids or panels, remote controls, synchronization cradles, or cables are covered. (Peripherals include devices such as handhelds/PDA’s, printers, digital cameras, monitors, or projectors.) This Agreement does not cover externally-attached peripheral devices, components, cases, or wiring classified as “accessories” or “consumables” and not built in or on the base unit, such as batteries, light bulbs, disposable/replaceable print/ink cartridges, print or photo paper, memory disks, disposable memory devices, wire connections, carrying cases, stylus pens, docking stations, external modems, external speakers, game devices, game disks, secondary monitors, external mouse or other input/output devices, any other components not internal to the Computer Device, or other parts/components requiring regular user maintenance. ADP Service does not cover any software shipped with peripherals.
2. Scope of Services:
   1. Repair and Replacement Service. During the term of this Agreement and subject to the limitations in this Agreement, we will repair or replace the Computer Device as necessary to correct any damage to the Computer Device. For example, under this Agreement, we will repair or replace the Computer Device if it is damaged because:
      • You spill liquid on the keyboard
      • You accidentally drop the Computer Device
      • An electrical surge damages the Computer Device's internal circuitry
      If we repair your Computer Device, you understand and agree that we may replace original parts with new or used parts from the original manufacturer, or a different one. Replacement parts will be functionally equivalent to the original parts. In our discretion, we may designate an affiliated company or contract with a third party to complete repairs on the Computer Device. If we decide that it is necessary to replace the Computer Device rather than repair it, you will receive a Computer Device equivalent to or better than the Computer Device you originally purchased from us, as determined by us at our sole and reasonable discretion.
   2. Limits of Support Services.

      This Agreement does not cover and we are not obligated to repair or replace:

      • Any Computer Device located outside of Canada or the United States (the fifty (50) states and the District of Columbia).
      • Any Computer Device that has been subjected to obvious neglect and abuse or used outside the accepted operating parameters detailed in its specifications or manual.
      • Any damage to or defect in the Computer Device that is cosmetic only or otherwise does not affect Computer Device functionality. Under this Agreement, we are not obligated to repair reasonable wear and tear on the Computer Device and other superficial items, such as scratches and dents that do not materially impair your use of the Computer Device.
      • Any Computer Device that anyone other than Argonaut or a person we designate has tried to repair. Any repair or attempted repair on the Computer Device covered by this Agreement by any party other than us or someone we designate will void and cancel this Agreement. We will not reimburse you for any repairs that you or another person make or attempt to make to the Computer Device.
      • Any Computer Device that is lost or stolen. To receive repair or replacement of a Computer Device, you must return the damaged Computer Device to us in its entirety.
      • Any Computer Device that is damaged by fire from an external source or that is intentionally damaged. If we find evidence of intentional damage, we are not obligated to repair or replace the Computer Device.
      • Any recovery or transfer of data stored on the Computer Device. You are solely responsible for all data stored on the Computer Device. We do not provide you any data recovery services under this Agreement. However, if hard drive replacement is necessary, we will reload, at no charge to you, the then-current version of major application and operating system software you originally purchased from us, including any installed Custom Factory Integration applications. We do not, however, represent or warrant and this Agreement does not obligate us to ensure that any installed Custom Factory Integration applications will becompatible with the replacement Computer Device.
        
        Your purchase of this Agreement for a computer does not cover peripheral devices, such as docking stations, external modems, external speakers, game devices, carrying cases, secondary monitors, external mouse on notebooks, external keyboard on notebooks, and other components not internal to the Computer Device. This Agreement is for hardware only. ADP Service does not cover any defects in or damage (including without limitation virus-inflicted damage) to software preloaded on, purchased with or otherwise loaded on the Computer Device, including without limitation Custom Factory Integration items. We will exercise reasonable efforts to, but this Agreement does not guarantee that we will, repair or replace Custom Factory Integration items that may otherwise be excluded components.
        
   3. Limitation of Liability
      
      NEITHER Argonaut NOR ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS ARE LIABLE TO YOU, OR ANY SUBSEQUENT OWNER OR OTHER USER OF THE COMPUTER DEVICE, FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LIABILITY OR DAMAGES FOR THE COMPUTER DEVICE NOT BEING AVAILABLE FOR USE, LOSS OR CORRUPTION OF DATA OR SOFTWARE, PERSONAL INJURY, DEATH, OTHER INDIRECT LOSS DUE TO COMPUTER DEVICE FAILURE, OR ANY AND ALL INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE COMPUTER DEVICE, EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY WAIVE ANY CLAIMS DESCRIBED IN THIS PARAGRAPH. YOU AGREE AND UNDERSTAND THAT WE WILL NOT BE RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY YOU FOR THE PURCHASE OF THE COMPUTER DEVICE COVERED BY THIS AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
3. Your Responsibilities:
   1. General.
      
      To receive the ARGONAUT Extended Warranty Service, you are responsible for complying with the following:
      1. Cooperate with Technician. Cooperate with Technician. You must cooperate with the technician to ensure that the Computer Device is properly serviced. Failure to cooperate with our technician may lead to invalidation if your warranty. At our discretion, the technician will either send you a replacement part for you to install on the Computer Device, dispatch a local tech organization to perform repairs on site, or give you directions to ship the Computer Device to our repair facility. So long as you follow our directions, we will pay all shipping charges for return of the Computer Device to our repair facility. Once at our repair facility, we may repair the Product or ship you a replacement Product depending on our assessment of the damage to the Product. In some cases, where we can determine over the telephone that a replacement Product will be necessary, we may in our discretion, ship you a replacement Product immediately. However, if you fail to return the damaged Computer Device to us, you agree that you are responsible for the retail price of the replacement Computer Device.
      2. Payment. ADP Service is only available with the purchase of an Argonaut notebook computer or an Argonaut desktop computer, but it is not necessary that you purchase ADP Service to buy a Computer Device from us. Our invoice to you for the Computer Device will indicate whether you purchased ADP Service, and will serve as your receipt. We will mail you a copy of the invoice and this Agreement within ten (10) days after your purchase of a Computer Device with ADP Service. In addition, the Computer Device will be tagged with a serial number or warranty number that will indicate your purchase of ADP Service.
         
   2. How and When to Use.
      1. The hours of Support shall not include regular holidays which include New Year’s Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas Day, and the day after Thanksgiving and Christmas Day. Argonaut is not liable for any failure or delay in performance due to any cause beyond its control.
         
      2. Argonaut, is the only party obligated to provide service under this Agreement. To initiate a service request under this Agreement, you must call our service department at 1-800-441-7839. When you call, a Argonaut technician will ask for the Serial number located on your Computer Device. Once the technician has verified your purchase of ADP Service, he or she will ask you a series of questions to assess the extent and cause of damage to the Computer Device.
4. General Terms
   1. Term and Renewal. This Agreement begins on the date you receive the Computer Device from us and expires on the contract expiration date corresponding to the ADP Service term purchased. The term of this Agreement may not be extended or renewed.
   2. Claims of Confidentiality or Proprietary Rights. You agree that any information or data disclosed or sent to Argonaut, over the telephone, electronically or otherwise, is not confidential or proprietary to you.
   3. Transferability. You may transfer this Agreement to subsequent owners of the Computer Device. We will provide ADP Service for the term of this Agreement to all subsequent owners of the Computer Device, but before we provide ADP Service to a subsequent owner, it is the responsibility of the subsequent Computer Device owner to provide us with warranty number and/or invoice information to verify the purchase of ADP Service by the Computer Device's original owner.
   4. Cancellation. This Agreement is dated as of the date you receive the Computer Device from us. You may cancel this Agreement within thirty (30) days of your receipt of this Agreement by sending written notice to us at:
      
      Argonaut Warranty Center
      4895 Outland Center Drive Ste B101
      Memphis, TN 38118
      
      
      If you cancel this Agreement within thirty (30) days of your receipt of it, we will send you a full refund less the cost of claims, if any, made under this Agreement. You may not cancel this Agreement after thirty (30) days of your receipt of this Agreement.We may cancel this Agreement if you fail to pay us the Total Price for ADP Service in accordance with our invoice terms, make a misrepresentation to us or our agents, or otherwise breach your obligations under this Agreement. We will not cancel this Agreement for any other reason. If we cancel this Agreement, we will send you written notice of cancellation at the address indicated in our records. The notice will include the reason for cancellation and the effective date of cancellation, which will not be less than ten (10) days from the date we send notice of cancellation to you, except as provided in paragraph 4.h. for customers in certain states. ADP Service must be cancelled separately for each Computer Device.
   5. Entire Agreement. This Agreement is the entire agreement between you and Argonaut with respect to its subject matter and none of Argonaut's employees or agents may orally vary the terms and conditions of this Agreement.
   6. Additional Remedies. This Agreement affords you specific legal rights. You may have additional legal rights that vary from state to state, including those listed below. This Agreement is not a warranty. The Computer Device you purchase from us may also come with a limited warranty from Argonaut or third party manufacturers of Computer Devices we distribute. Please consult our limited warranty statements for your rights and remedies under those limited warranties.
   7. Arbitration. You agree that, except as set forth in this paragraph, any and all claims or disputes arising out of or in connection with or in relation to this Agreement will be resolved by final and binding arbitration. However, this arbitration provision does not apply to any claim we may have against you for non-payment of monies owed for the purchase of this Agreement or the Computer Device or any security interest we have in the Computer Device covered by this Agreement. All arbitration proceedings will be held in the office of the American Arbitration Association closest to your permanent residence. Any arbitration that arises out of this Agreement will be held in accordance with the American Arbitration Association's Commercial Arbitration Rules. The Federal Arbitration Act, 9 U.S.C. 1, et seq., shall govern all arbitration proceedings under this Agreement.

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