Dell 1815dn Owners Manual - Page 121

successors, assigns, affiliates (collectively for purposes of this paragraph, "Dell") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Dell's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com , or via telephone at 1-800-474-2371). The arbitration will be limited solely to the dispute or controversy between customer and Dell. NEITHER CUSTOMER NOR DELL SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Dell will be responsible for paying any arbitration filing fees and fees required to obtain a hearing to the extent such fees exceed the amount of the filing fee for initiating a claim in the court of general jurisdiction in the state in which you reside. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law. Information may be obtained and claims may be filed with the NAF at P.O. Box 50191, Minneapolis, MN 55405. (REV 8/11) Limited Warranties and Return Policy Dell-branded hardware products purchased in the U.S. or Canada come with either a 90-day, 1-year, 2-year, 3-year, or 4-year limited warranty. To determine which warranty came with your hardware product(s), see your packing slip or invoice. The following sections describe the limited warranties and return policy for the U.S., the limited warranties and return policy for Canada and the manufacturer guarantee for Latin America and the Caribbean. Limited Warranty for Dell-Branded Hardware Products (U.S. Only) What is covered by this limited warranty? This limited warranty covers defects in materials and workmanship in your-our end-user customer's-Dell-branded hardware products, including Dell-branded peripheral products. What is not covered by this limited warranty? This limited warranty does not cover: • Software, including the operating system and software added to the Dell-branded hardware products through our factory-integration system, third-party software, or the reloading of software • Non-Dell-branded and Solution Provider Direct products and accessories • Problems that result from: - External causes such as accident, abuse, misuse, or problems with electrical power - Servicing not authorized by Dell - Usage that is not in accordance with product instructions - Failure to follow the product instructions or failure to perform preventive maintenance - Problems caused by using accessories, parts, or components not supplied by Dell • Products with missing or altered Service Tags or serial numbers • Products for which Dell has not received payment Appendix 121