Epson ES-865 Notices and Warranty for U.S. and Canada - Page 2

D. Disclaimer Of Warranties, Exclusion Of Damages; Epson's Maximum Liability, Disputes, Arbitration

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4. Consumables, supplies, accessories, or other expendable items, such as rollers or pads, or items identified as being replaceable by the user in the product documentation. Consumables are items that wear out under normal use and must be replaced as needed (see your online User's Guide for details). 5. Warranty service should the Epson label or logo or the rating label or serial number be removed. 6. Any damage due to a failure to properly maintain the product (see your online User's Guide for details). 7. Any damage caused by excessive continuous use. 8. Any cosmetic damage caused by handling or normal wear and tear during usage. 9. Damage resulting from misuse, abuse, improper installation, neglect, or improper shipping. 10.Damage caused by disasters such as fire, flood, and lightning; improper electrical current software problems, interaction with non-Epson products, or service performed by anyone by other than an Epson Authorized Servicer. 11.Any product or parts purchased as used, refurbished, or reconditioned. If a claimed defect cannot be identified or reproduced, you will be held responsible for the costs incurred. This warranty is not transferable. D. DISCLAIMER OF WARRANTIES: 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. THE WARRANTY AND REMEDY PROVIDED 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 NONINFRINGEMENT. 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. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG IMPLIED WARRANTIES LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. E. 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, 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 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. SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. F. Disputes, Arbitration, Governing Laws: 1. Both you and Epson agree that any controversy or claim arising out of or relating to Epson products or services or this agreement shall be resolved by arbitration on an individual, non-class, non-representative basis, rather than in court. 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 and under the rules set forth in this agreement. The arbitrator, and not any federal, state, or local court or agency shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation, including but not limited to, any claim that all or any part is void or voidable. JAMS rules are available at http://www.jamsadr.com or by calling 1-800-352-5267. 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. If you wish, you may appear at the arbitration by phone. The arbitrator is bound by the terms of this agreement. 2. 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. 2

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4.
Consumables, supplies, accessories, or other expendable items, such as rollers or pads, or items identified
as being replaceable by the user in the product documentation. Consumables are items that wear out
under normal use and must be replaced as needed (see your online
User’s Guide
for details).
5.
Warranty service should the Epson label or logo or the rating label or serial number be removed.
6.
Any damage due to a failure to properly maintain the product (see your online
User’s Guide
for details).
7.
Any damage caused by excessive continuous use.
8.
Any cosmetic damage caused by handling or normal wear and tear during usage.
9.
Damage resulting from misuse, abuse, improper installation, neglect, or improper shipping.
10.
Damage caused by disasters such as fire, flood, and lightning; improper electrical current software
problems, interaction with non-Epson products, or service performed by anyone by other than an Epson
Authorized Servicer.
11.
Any product or parts purchased as used, refurbished, or reconditioned.
If a claimed defect cannot be identified or reproduced, you will be held responsible for the costs incurred.
This warranty is not transferable.
D. DISCLAIMER OF WARRANTIES:
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. THE WARRANTY
AND REMEDY PROVIDED 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. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG IMPLIED
WARRANTIES LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
E.
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, 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 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. SOME STATES
DO NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
F.
Disputes, Arbitration, Governing Laws:
1.
Both you and Epson agree that any controversy or claim arising out of or relating to Epson products or
services or this agreement shall be resolved by arbitration on an individual, non-class, non-representative
basis, rather than in court. 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 and
under the rules set forth in this agreement. The arbitrator, and not any federal, state, or local court or
agency shall have the exclusive authority to resolve any dispute relating to the interpretation,
applicability, enforceability, or formation, including but not limited to, any claim that all or any part is
void or voidable. JAMS rules are available at http://www.jamsadr.com or by calling 1-800-352-5267.
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. If you wish, you may appear at the
arbitration by phone. The arbitrator is bound by the terms of this agreement.
2.
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.