Dell U3011 Warranty and Support Information - Page 9

(non-class) nature of this dispute provision goes to the essence of the parties' arbitration agreement, and if found unenforceable, the entire arbitration provision shall not be enforced. 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 individual customer arbitration fees. If any Customer prevails on any 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. Otherwise, each party shall pay for its own costs and attorneys' fees, if any. Information may be obtained and claims may be filed with the NAF at P.O. Box 50191, Minneapolis, MN 55405. Limited Warranties and Return Policy Limited Warranty for Dell-Branded Hardware Products (U.S. Only) Dell-branded hardware products purchased in the U.S. come with either a 90-day, 1-year, 2-year, 3-year, or 4-year limited warranty depending on the product purchased. To determine which warranty came with your hardware product(s), see your packing slip, invoice, or receipt. 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. Warranty and Support Information 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 • Normal wear and tear THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE (OR JURISDICTION TO JURISDICTION). DELL'S RESPONSIBILITY FOR MALFUNCTIONS AND DEFECTS IN HARDWARE IS LIMITED TO REPAIR AND REPLACEMENT AS SET FORTH IN THIS WARRANTY STATEMENT. ALL EXPRESS AND 9