Epson DS-30000 Notices and Warranty - Page 1

Notices Declaration of Conformity According to 47CFR, Part 2 and 15 for Class B Personal Computers and Peripherals; and/or CPU Boards and Power Supplies used with Class B Personal Computers: We: Located at: Telephone: Epson America, Inc. 3840 Kilroy Airport Way, MS 3-13, Long Beach, CA 90806-2469 (562) 981-3840 Declare under sole responsibility that the product identified herein, complies with 47CFR Part 2 and 15 of the FCC rules as a Class B digital device. Each product marketed, is identical to the representative unit tested and found to be compliant with the standards. Records maintained continue to reflect the equipment being produced can be expected to be within the variation accepted, due to quantity production and testing on a statistical basis as required by 47CFR §2.906. Operation is subject to the following two conditions: (1) this device may not cause harmful interference, and (2) this device must accept any interference received, including interference that may cause undesired operation. Trade Name: Epson® Type of Product: Color image scanner Model: J431A/J432A Marketing Name: DS-30000/DS-32000 Epson America, Inc. Limited Warranty 1. What Is Covered: Epson America, Inc. ("Epson") warrants to the original retail purchaser that the Epson product covered by this limited warranty statement, if purchased and operated only in the United States, Canada, or Puerto Rico, will be free from defects in workmanship and materials for a period of three (3) years from the date of original purchase. For warranty service, you may be required to provide proof of the date of original purchase. 2. What Epson Will Do To Correct Problems: Should your Epson product require service during the warranty period, please call the Epson ConnectionSM at (562) 276-4300 (U.S) or (905) 709-3839 (Canada) for warranty repair instructions and return authorization. An Epson service technician will provide telephone diagnostics to determine whether the product requires service. If warranty service is required, Epson will, at its option, exchange or repair the product without charge for parts or labor. If Epson authorizes an exchange for the defective unit, Epson will ship a replacement product to you, freight prepaid, so long as you use an address in the United States, Canada, or Puerto Rico. Epson will replace the product with the same or a comparable product refurbished to the Epson standard of quality. (The replacement product may not include promotional materials, accessories, documentation, manuals, software, or cables.) You are responsible for securely packaging the defective unit and returning it to Epson within five (5) working days of receipt of the replacement. Epson requires a debit or a credit card number to secure the cost of the replacement product in the event that you fail to return the defective one. If Epson authorizes repair instead of exchange, Epson will direct you to send your product to Epson or its authorized service center, where the product will be repaired and sent back to you. You are responsible for securely packaging the product and for all costs to and from the Epson authorized service center. When warranty service involves the exchange of the product or a part, the item replaced becomes Epson property. If service cannot be provided on the product for any reason and Epson no longer sells the same model, and if no refurbished product is available to provide to you, Epson will replace your product with a similar or equal model. Exchanged products and parts assume the remaining warranty period of your original product covered by this limited warranty and may be new or remanufactured to Epson standards. 3. What This Warranty Does Not Cover: This warranty covers only normal use in the United States, Canada, or Puerto Rico. Excessive, continual use is not covered. This warranty is not transferable. This warranty does not cover damage to the Epson product caused by parts or supplies not manufactured, distributed, or certified by Epson; or cosmetic damage caused by handling or normal wear and tear during usage. Consumables, supplies, accessories, other expendable items such as rollers or pads, and items identified as being replaceable by the user in the product documentation, are not covered under this warranty. Consumables are items that wear out under normal use and must be replaced by the user as needed. This warranty does not cover third-party parts, components, or peripheral devices added to the Epson product after its shipment from Epson (e.g., dealer- or user-added boards or components). Epson is not responsible for warranty service should the Epson label or logo or the rating label or serial number be removed or should the product fail to be properly maintained or fail to function properly as a result of misuse, abuse, improper installation, neglect, or improper shipping; damage caused by disasters such as fire, flood, and lightning; improper electrical current; software problems; interaction with non-Epson products; or service by anyone other than an Epson Authorized Servicer. If a claimed defect cannot be identified or reproduced, you will be held responsible for the costs incurred. 4. DISCLAIMER OF OTHER WARRANTIES: THE WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESSED OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME LAWS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IF THESE LAWS APPLY, THEN ALL EXPRESS AND IMPLIED WARRANTIES ARE LIMITED TO THE WARRANTY PERIOD IDENTIFIED ABOVE. UNLESS STATED HEREIN, ANY STATEMENTS OR REPRESENTATION MADE BY ANY OTHER PERSON OR FIRM ARE VOID. 5. EXCLUSION OF DAMAGES; EPSON'S MAXIMUM LIABILITY: Epson's sole and exclusive liability and your exclusive remedy for breach of warranty shall be limited to either, at Epson's option, repair or replacement as set forth above. If the above remedy fails for any reason, Epson's entire liability shall be limited to the price paid for the Epson product. Any action for breach of warranty must be brought within 39 months of the date of original purchase. Epson is not liable for performance delays or for nonperformance due to causes beyond its reasonable control. Except as provided in this written warranty, neither Epson nor its affiliates shall be liable for any loss, inconvenience, or damage, including direct, special, incidental or consequential damages, including lost profits, cost of substitute equipment, downtime, claims of third parties, including customers, or injury to property, resulting from the use or inability to use the Epson products, whether resulting from a breach of warranty or any other legal theory. In such jurisdictions, the limits in this paragraph and the preceding paragraph may not apply. 6. Disputes, Arbitration, Governing Laws: A. Any controversy or claim arising out of or relating to Epson products or services or this agreement, shall be resolved by arbitration, rather than in court, in Los Angeles County. If you or Epson commences arbitration, the arbitration shall be governed by the rules of JAMS that are in effect when the arbitration is filed, excluding any rules that permit arbitration on a class or representative basis, available at http://www.jamsadr.com or by calling 1-800-352-5267, and under the rules set forth in this agreement. Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by the terms of this agreement. B. Pre-Arbitration Steps and Notice. Before submitting a claim for arbitration, you agree to try, for sixty (60) days, to resolve any dispute informally by contacting us at [email protected]. Please include your name, address and contact information, the facts giving rise to the dispute, and the relief requested. You agree to act in good faith to resolve the dispute, but if you and Epson do not reach a resolution within the sixty (60) days, you may commence an arbitration. C. Opt-out. You may elect to opt-out (exclude yourself ) from the final, binding, individual arbitration procedure and waiver of class and representative proceedings specified in this agreement by sending a written letter to Epson America, Inc., ATTN: Legal Department, 3840 Kilroy Airport Way, Long Beach, CA 90806, within thirty (30) days of your purchase of the Epson products and/or services that specifies (i) your name, (ii) your mailing address, and (iii) your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section 6. In the event that you opt-out consistent with the procedure set forth above, all other terms shall continue to apply, including the requirement to provide notice prior to litigation. D. Judgment on the award may be entered in any court having jurisdiction. There is no judge or jury in arbitration and your grounds for appeal are limited; however, the arbitrator is empowered to grant relief and award you the same damages as a court could, including declaratory or injunctive relief. E. Notwithstanding the foregoing, you may bring an individual action in a small claims court of your state or municipality if the action is within that court's jurisdiction and is pending only in that court. F. Any action must be brought within three (3) months of the expiration of the warranty. G. If any provision in this Section 6 is found to be unenforceable, that provision shall be severed with the remainder of this agreement remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions. This means that if Section H (below) is found to be unenforceable, the entire Section 6 (but only Section 6) shall be null and void. H. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. I. Except for this section, which is governed by the Federal Arbitration Act, in the event of a dispute in which the provisions in this arbitration section are inapplicable, severed from the remainder of this agreement, or you opt-out, you and Epson both consent to the jurisdiction of your state of residence.