Lenovo ThinkCentre M73p (English) ADP Services Agreement - US Purchased Pre De - Page 2

Service Contract - Lenovo Accidental Damage Protection Services SERVICE PROVIDERS, REMOVAL OF ORIGINAL PARTS OR ALTERATION OF A PRODUCT OR IDENTIFICATION LABELS, OR DAMAGE CAUSED BY A PRODUCT NOT COVERED UNDER THIS AGREEMENT; C. THEFT, LOSS OR DAMAGE FROM FIRE, FLOOD, OR FORCE MAJEURE; D. CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE AND LOSS OF OPPORTUNITY, EVEN IF WE ARE INFORMED OF THEIR POSSIBILITY; IV. WHAT TO DO WHEN YOUR PRODUCT REQUIRES SERVICE To obtain Service, You must follow the problem determination and resolution procedures detailed in the service and troubleshooting guide that was provided with Your Product. If You are unable to resolve a problem by following the troubleshooting instructions provided with the Product, please call 1-800-426-7378 to speak with one of our technicians. Telephone support is available 24 hours per day, 7 days per week (may exclude some holidays); response time will vary and You may experience delays during peak periods. You will be asked to provide information and assistance over the telephone to help the technician identify a solution to Your problem. If Your problem cannot be resolved over the telephone, Lenovo will provide Service as specified below. You may be asked to present Your Invoice to confirm Your entitlement to Service. If Your Product does not function properly under normal use during the term specified in Your Invoice because it has experienced the failures as described in Section D, Lenovo will repair the Product to be free from defects in material and workmanship, or in our sole discretion, replace it with a Product that is at least functionally equivalent. Any replacement part provided under this Agreement is treated as identical to the part replaced for purposes of this Agreement and any other warranty or service offering to which the original part or Product was subject. Repairs for accidental damage protection coverage will be performed in the following manner: If the Product requires Service, a technician will make an initial diagnosis of Your problem and will attempt to help You resolve it through the telephone. In most situations, this will be the fastest way to respond to problems with Your Product. If Your problem can be resolved with a Customer Replaceable Unit ("CRU") (e.g., memory, certain disk drives, certain CD-ROMs, and other easily replaced parts that You are capable of replacing), Lenovo will ship these parts to You for Your replacement. You are responsible for packing the replaced CRU in the shipping container that contained the replacement part, affixing the shipping label to the package, and scheduling pick-up with the authorized courier listed on the shipping label for return to Lenovo within thirty (30) days or you will be charged for the replacement. If Lenovo repairs Your Product, You understand and agree that Lenovo may replace original parts with parts from the original manufacturer, or a different one. Replacement parts or Product may not be new, but will be in good working order and at least functionally equivalent to the item replaced. When a Product or its parts are replaced, each replaced item becomes Our property and the replacement becomes Yours. We will provide You with a shipping container for You to return the Product to a designated service center where We will perform repairs before returning the Product to You. If the required parts are available at the repair center, We will attempt to repair and return the Product to You within three (3) business days from the day We receive the Product at the service center. Your signature will be required upon delivery when we return Your Product. In addition to Your other responsibilities under this Agreement, You agree to the following when obtaining accidental damage protection Service: (a) follow the packing and shipping instructions included with the shipping container; and (b) return the Product through the shipper We designate within twenty-one (21) calendar days of the day You receive the shipping carton. We are not responsible for damage, or risk of loss due to improper packing or use of a shipper that We do not designate. V. YOUR ADDITIONAL REQUIREMENTS AND RESPONSIBILITIES You acknowledge and agree that Our provision of Service is contingent upon Your full satisfaction of the obligations specified in this Agreement. WE RESERVE THE RIGHT TO REFUSE SERVICE IF YOU FAIL TO PERFORM ANY OF YOUR OBLIGATIONS, AND WE, OUR EMPLOYEES, AGENTS AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY DELAY OR DAMAGES INCURRED BY YOU IF YOU FAIL TO PERFORM ANY OF YOUR OBLIGATIONS. FAILURE TO FOLLOW THE PROCEDURES SET OUT IN THIS AGREEMENT MAY RESULT IN SERVICE DELAYS, OR IMPACT YOUR ABILITY TO RECEIVE SERVICE, OR RESULT IN ADDITIONAL CHARGES TO YOU. IN SUCH INSTANCES WHERE SERVICE IS REFUSED DUE TO YOUR FAILURE TO MEET YOUR OBLIGATIONS, SERVICE WILL BE INSTITUTED WHEN YOU HAVE COMPLIED WITH YOUR OBLIGATIONS UNDER THIS AGREEMENT. In addition to Your other responsibilities described elsewhere in this Agreement: A. Before We replace a Product or part, You agree to remove all features, options, alterations, and attachments not originally included with the Product or part (such as upgrade cards); B. If technically possible, you will remove or secure all proprietary, confidential or personal data before presenting the Product to Us for repair or replacement and back up valuable information and data in a format external to the Product to enable You to reconstruct lost or altered data or programs if necessary; C. You will use and store the Product under the physical and operating conditions specified by the manufacturer; D. You will perform all routine and preventative maintenance recommended by the manufacturer; L505-0072-00 Lenovo Accidental Damage Protection Services Agreement - US.doc Page 2 of 5