Epson WorkForce Pro EC-4040 Notices and Warranty for U.S. and Canada. - Page 2

Disclaimer Of Other Warranties, Exclusion Of Damages; Epson's Maximum Liability, Disputes, Arbitration - color

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G. This warranty does not cover damage to the unit caused by incorrectly loading ink into the product or loading the incorrect color/black ink or ink type into the product. H. This warranty does not cover damage to the unit or other property by incorrect handling of the ink bottles, ink cartridges, ink supply units, or ink packs. I. 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. J. 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, improper shipping, damage caused by disasters such as fire, flood, and lightning, improper electrical current, software problems, interaction with non-Epson products, or service other than by an Epson Authorized Servicer. K. 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 EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. 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 REPRESENTATIONS MADE BY ANY OTHER PERSON OR FIRM ARE VOID. 5. EXCLUSION OF DAMAGES; EPSON'S MAXIMUM LIABILITY: IN NO EVENT SHALL EPSON OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY LOST PROFITS RESULTING FROM THE USE OR INABILITY TO USE THE EPSON PRODUCT, WHETHER RESULTING FROM BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY. IN NO EVENT SHALL EPSON OR ITS AFFILIATES BE LIABLE FOR DAMAGES OF ANY KIND IN EXCESS OF THE ORIGINAL RETAIL PURCHASE PRICE OF THE PRODUCT. 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, California. 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 (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 arbitration 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. 2

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G.
This warranty does not cover damage to the unit caused by incorrectly loading ink into the product or
loading the incorrect color/black ink or ink type into the product.
H.
This warranty does not cover damage to the unit or other property by incorrect handling of the ink bottles,
ink cartridges, ink supply units, or ink packs.
I.
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.
J.
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, improper shipping, damage caused by disasters such
as fire, flood, and lightning, improper electrical current, software problems, interaction with non-Epson
products, or service other than by an Epson Authorized Servicer.
K.
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 EXPRESS OR IMPLIED WARRANTIES
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. 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 REPRESENTATIONS
MADE BY ANY OTHER PERSON OR FIRM ARE VOID.
5.
EXCLUSION OF DAMAGES; EPSON’S MAXIMUM LIABILITY:
IN NO EVENT SHALL EPSON OR
ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OR ANY LOST PROFITS RESULTING FROM THE USE OR INABILITY TO USE THE
EPSON PRODUCT, WHETHER RESULTING FROM BREACH OF WARRANTY OR ANY OTHER
LEGAL THEORY. IN NO EVENT SHALL EPSON OR ITS AFFILIATES BE LIABLE FOR DAMAGES
OF ANY KIND IN EXCESS OF THE ORIGINAL RETAIL PURCHASE PRICE OF THE PRODUCT.
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, California. 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 (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 arbitration 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.