Limited Warranties
MPC Product Limited Parts Warranty and Technical Support Policy
MPC Computers, LLC or any of its subsidiaries or affiliates, including Gateway Companies, Inc. (as applicable, "MPC") provides standard term parts warranties and technical support as part of your system purchase, for the term shown on the front of your invoice or packing slip, in accordance with this MPC Product Limited Parts Warranty and Technical Support Policy (this "Limited Warranty").
Obligor if Extended Term is Purchased
If you purchased an extension of this Limited Warranty for a term beyond the standard term provided with your system, the companies obligated under this Limited Warranty are as follows: If the extended Limited Warranty is purchased in any state other than HI or OR: or through the Consumer Computing Program, MPC 906 MPC East Karcher Road, Nampa, ID, 83687; If this Plan is purchased in HI or OR or through the Consumer Computing Program: Wesco Insurance Company, 59 Maiden Lane, 6th Floor, New York, NY 10038. MPC is the administrator in all states except HI and OR; AMT Warranty Corp. (a service warranty association) is the administrator in HI and OR; AMT Warranty Corp. can be contacted at 59 Maiden Lane, 6th Floor, New York, NY 10038. Extended term warranties are not available for purchase by consumers or home users of MPC products.
Throughout this Limited Warranty, the words "we", "us", and "our" refers to the obligor, as applicable, under this Limited Warranty. Terms of any service agreement covering your system are contained in a separate service contract (if applicable). If you purchased your system through an MPC-authorized reseller or distributor, and received a separate warranty contract, those provisions will apply to your purchase. Otherwise, the information contained within this Limited Warranty will apply. An "MPC Product" is a computer system that is qualified and branded as MPC, or Gateway for a standard product offering, or any peripheral that is sourced for a standard MPC product offering. A "Customized MPC Product" is a computer system that contains third-party hardware or software that is specific to a particular MPC customer or otherwise not sourced and branded as MPC, or Gateway for a standard product offering. A "Third-Party Product" is any item that is procured and resold by MPC that is not qualified or branded as an MPC Product or a Customized MPC Product (e.g. printer, scanner, uninterruptible power supply, anti-virus software, etc.).
Limited Warranty
We warrant that the hardware (but not the software or notebook batteries) included in the original MPC Product, paired with or shipped as part of an order modification made within 30 days of the original MPC Product shipment, will be free from defects in materials and workmanship for the term shown on the front of your invoice or packing slip. Notebook batteries carry a One-Year Limited Warranty. If you purchased an MPC Product from an MPC-authorized reseller or distributor, your Limited Warranty coverage will extend 90 days beyond the Limited Warranty term purchased by the reseller from MPC. The warranty term begins on the original MPC system ship date (proof of purchase may be required). The original ship date for an MPC-branded system is noted online at http://support.mpccorp.com or Gateway-branded at: http://pro.mpccorp.com/ (enter the system serial number in the required field), or the ship date can be obtained from the authorized reseller or distributor.
If you purchased an "open box" system, defined as a system previously owned by another end-user, from an MPC-authorized reseller or distributor, only the remainder of the MPC Limited Warranty will apply (proof of purchase may be required). Third-Party Products shipped with an MPC Product or Customized MPC Product are covered by their respective manufacturers' warranties, not by this Limited Warranty, unless otherwise agreed to in writing by MPC. If applicable, consult the manufacturer's warranty that accompanies the Third-Party Product for details (if any). MPC sells Gateway-branded systems under the terms of a license agreement with Gateway, Inc.. MPC, and not Gateway, Inc., provides customer service and support for such systems.
Ninety-Day Replacement Parts Limited Warranty
Replacement parts shipped by MPC are warranted against defects in materials or workmanship for 90 days from the date of shipment by MPC or until the expiration of the Limited Warranty, whichever is longer. Replacement notebook batteries are warranted for 90 days from the date of shipment by MPC or until the expiration of the original One-Year Limited Warranty, whichever is longer.
Terms of Limited Warranties
This Limited Warranty and the Ninety-Day Replacement Parts Limited Warranty become effective on the date of shipment from MPC. Except as expressly provided, the limited warranties are NON-TRANSFERABLE. Limited warranties for "open box" systems may be transferred to the system's new owner provided the system was repurchased from an MPC-authorized reseller or distributor. The system's new owner must retain the serial number of the system to receive warranty service from MPC. Any claims under these warranties must be made before the end of the applicable warranty period. During such period, we, at our sole discretion, will repair, replace, credit, or refund the amount paid for the product, LESS DEPRECIATION (upon it's return), any defective part (which is determined by MPC to be defective in materials or workmanship) covered by the Limited Warranty or the Ninety-Day Replacement Parts Limited Warranty. Any parts replaced by us become our property. We reserve the right to substitute functionally equivalent or serviceable reconditioned parts when replacing a defective part. Labor or other services may be provided pursuant to a separate service agreement between you and — a service provider authorized by us and will be provided pursuant to the terms of such a service contract (if applicable). The cost of labor is not covered by any MPC Limited Warranty. THE LIMITED WARRANTY AND NINETY-DAY REPLACEMENT PARTS LIMITED WARRANTY COVER ONLY DEFECTS ARISING UNDER NORMAL USE AND DO NOT INCLUDE NORMAL WEAR AND TEAR, COSMETIC DAMAGES, MINOR IMPERFECTIONS, PRODUCTS WHERE THE SERIAL NUMBER IS MISSING, ALTERED OR DEFACED, AND MALFUNCTIONS OR FAILURES RESULTING FROM; MISUSE, ABUSE, NEGLECT, ALTERATION, PROBLEMS WITH ELECTRICAL POWER, USAGE NOT IN ACCORDANCE WITH PRODUCT INSTRUCTIONS, ACTS OF NATURE, UNUSUAL TEMPERATURES OR HUMIDITY, IMPROPER INSTALLATION OR DAMAGE DETERMINDED BY US TO HAVE BEEN CAUSED BY YOU, OR DAMAGE CAUSED BY REPAIRES ATTEMPTED WHERE SUCH REPAIRS WERE MADE WITHOUT OUR APPROVAL. REMOVAL OF HARDWARE FROM AN MPC SYSTEM AND USE OF SUCH HARDWARE IN A DIFFERENT SYSTEM OR CONFIGURATION VOIDS ALL APPLICABLE LIMITED WARRANTIES RELATED TO SUCH HARDWARE.
Technical Support
We provide toll-free telephone technical support to expedite service under these limited warranties. Telephone technical support is limited to your original system configuration and its hardware components during the warranty period. Toll-free telephone assistance is available 24 hours a day, 7 days a week. If you purchased your system directly from MPC or an MPC-authorized reseller or distributor, you will receive toll-free telephone technical support service with respect to the configuration of factory-installed software for 30 days (unless otherwise documented) from the date of shipment by MPC. Network Operating System (NOS) support is available, in the form of incident resolutions, for factory-installed, server operating systems sold by MPC. If you purchased NOS support or if it was included with your server, such service will be provided for the duration of your Limited Warranty or until each incident resolution has been used, whichever comes first. Additional incident resolutions may be purchased by calling your Sales Representative.
The telephone technical support phone numbers is:
- MPC Pro (877) 485-1464
- Outside Toll-free Coverage Area (208) 893-3434
Parts and System Replacement Policy and Procedures
When a replacement part or system is required during the warranty period, you are responsible for returning the defective part or system to us as outlined below. For the purposes of these limited warranties, an international customer is a customer located outside the United States of America.
- Prior to returning a part or system to us for warranty service, call the applicable Technical Support number listed in the "Technical Support" section of this document, and request a Return Merchandise Authorization (RMA) number.
- Unless otherwise agreed by us, you will need to provide us with your valid credit card number (VISA, MasterCard, or other card acceptable to us) or an Open Purchase authorized by us Order to cover the replacement cost of the part or system. You will then receive an RMA number. This charge will be assessed ONLY if you fail to return the defective part or system within the required time. If you cannot provide your valid credit card number or authorized Open Purchase Order, we will not ship replacement parts or systems until the defective part or system has been received by us.
- Once an RMA number is issued, the replacement part or system will be shipped by us (subject to availability), freight prepaid via ground delivery service. Requests for multiple parts or multiple serial numbers (batching) require written approval from us and may result in a delay of parts delivery. You will receive a prepaid return label with the replacement part or system for returning to us. (If you are an international customer, the replacement part or system will be shipped by us, freight prepaid, via our preferred method of shipment. You are responsible for Customs clearance, including payment of all related duties and taxes and any other fees and charges imposed by non-US government or quasi-governmental agencies or officials. You are also responsible for paying all costs of returning the defective part or system to us. These costs may include shipping, insurance, import and export duties or taxes, and any other fees or charges imposed by government or quasi-governmental agencies or officials.) We shall not be responsible for failure of the delivery service to make on-time delivery.
- Ship the defective part or system to us in the original or equivalent packaging with the RMA number clearly displayed on the outside of the shipping container. You shall assume all risk of loss or damage to Product while in transit. (International customers must ship the part or system to us via DHL, Federal Express, UPS, or another courier approved in advance by us.)*
- If you are shipping a hard drive or other device containing data, you are responsible for backing up such data prior to shipment. **
- Return of the defective part or system must be made within 10 business days (30 business days for international customers) from the date you receive your replacement part.
- Retain your shipping information, including tracking numbers, until your customer account has been credited by us. This will serve as your proof of return.
- If we determine that the cause of the failure of the part or system was not a result of a defect in materials or workmanship (e.g. customer abuse), we reserve the right to charge you for parts, labor (at our then current labor rate), and shipping expenses in order to perform repair or replacement services. We will advise you prior to assessing these charges.
*If you return a part or system to us: (1) without prior authorization from us, (2) beyond the period prescribed by us for such return, (3) without an RMA number displayed on the outside of the shipping container, or (4) without proper packaging, we retain the right to refuse delivery of such return. In the event you fail to return the part or system to the designated facility within the required time period, we retain the right to: (1) charge you the retail price of such part or system at the time the part or system was shipped to you (as determined by us), plus a charge of $60 to cover our collection and handling costs, (2) charge you for any other collection or legal expenses incurred due to such failure to return, or (3) inactivate your account until such payment is made. While your account is inactivated, you shall not be provided with technical support or customer and warranty service. UNDER NO CIRCUMSTANCES SHALL WE REFUND SHIPPING AND HANDLING CHARGES.
**WE ARE NOT RESPONSIBLE FOR LOST DATA OR THE LOSS OF THIRD-PARTY HARDWARE AT ANY TIME. PRIOR TO SHIPPING A SYSTEM TO US, BACK UP ALL DATA STORAGE DEVICES. IT IS POSSIBLE THAT THE CONTENTS OF YOUR HARD DRIVE WILL BE LOST OR REFORMATTED IN THE COURSE OF SERVICE AND WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO OR LOSS OR ANY PROGRAMS, DATA, OR OTHER INFORMATION STORED ON ANY MEDIA OR ANY PART OF ANY PRODUCT SERVICED.
Special Notice to International Customers
International customers who purchase MPC systems directly from MPC (not through an authorized international distributor) must obtain warranty service directly from us. Customers who purchase directly from MPC, but choose to receive service elsewhere, will be responsible for any service charges. International customers who purchase from an MPC-authorized distributor may receive warranty service directly from us or from the authorized distributor. Service for such systems must be arranged with the distributor and is subject to conditions and fees established by the distributor.
Force Majeure
We shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of nature, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late deliveries by suppliers, or other difficulties which are beyond the control and without the fault or gross negligence by us.
Limitations
EXCEPT AS SET FORTH HEREIN, WE MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, AND DISCLAIM AND NEGATE ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND CONFORMITY TO MODELS OR SAMPLES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
THE WARRANTIES SET FORTH HEREIN GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. NO VARIATION OR EXCEPTIONS IN THE TERMS STATED HEREIN CAN BE MADE WITHOUT WRITTEN AUTHORIZATION BY THE CHIEF OPERATING OFFICER OF MPC. MOREOVER, WE ARE NOT LIABLE FOR ANY DAMAGES FROM THE USE OF ANY CUSTOMIZED MPC PRODUCT OR THIRD-PARTY PRODUCT. We make no warranty whatsoever with respect to software included in any products sold by MPC, and all software is sold "AS IS" and WITH ALL FAULTS." Other than OEM operating system software factory-installed by MPC, you are responsible for obtaining licenses for operating system software you install or use on any MPC Product or Customized MPC Product. You shall indemnify, defend, and hold us, our officers, directors, affiliates, subsidiaries, and employees, harmless from any and all claims, demands, costs (including reasonable attorney fees) or final judgments arising out of MPC's providing you with an MPC Product or Customized MPC Product without OEM factory-installed operating system software.
Use of Products in Life Support, Nuclear, and Certain Other Applications
PRODUCTS SOLD BY MPC ARE NOT AUTHORIZED FOR USE AS CRITICAL COMPONENTS IN MEDICAL DEVICES OR SYSTEMS OR IN NUCLEAR FACILITIES WITHOUT THE EXPRESS WRITTEN APPROVAL OF THE CHIEF EXECUTIVE OFFICER AND CHIEF OPERATING OFFICER OF MPC. IF YOU USE OR SELL THE PRODUCTS FOR USE IN ANY SUCH APPLICATIONS: (1) YOU ACKNOWLEDGE THAT SUCH USE OR SALE IS AT YOUR SOLE RISK; (2) YOU AGREE THAT MPC IS NOT LIABLE, IN WHOLE OR IN PART, FOR ANY CLAIM OR DAMAGE ARISING FROM SUCH USE; AND (3) YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD MPC HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, COSTS, EXPENSES, AND LIABILITIES ARISING OUT OF OR IN CONNECTION WITH SUCH USE OR SALE.
Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM MPC'S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS SALE, OR FROM THE FURNISHING, PERFORMANCE, OR USE OF ANY GOODS OR SERVICE SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, THE NEGLIGENCE BY US, LOSS OF DATA OR OTHERWISE.
No Warranty of Intellectual Property Rights
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE DO NOT WARRANT THAT PRODUCT (S) ARE FREE OF CLAIMS OF PATENT, TRADEMARK, TRADE SECRET, OR COPYRIGHT INFRINGEMENT BY A THIRD PARTY. WE HEREBY DISCLAIM ANY SUCH WARRANTY OR INDEMNIFICATION FOR SUCH INFRINGEMENT (S) OF INTELLECTUAL PROPERTY RIGHTS.
Substitutions and Modifications
We reserve the right to substitute or change materials, parts, product specifications, or functional attributes at any time without notice. We also reserve the right to ship Product in multiple boxes and/or shipments.
User Rights to Software
Copyright law and/or international treaty provisions protect the software included with the Product. Rights relating to a particular software program are listed in the license agreement document provided by the owner(s) of the software included with the Product. Title to software remains with the applicable licensor(s).
Government License Rights and Rights in Technical Data
This order includes only Commercial Items. As set forth in FAR Part 12, Acquisition of Commercial Items, the Government shall acquire only those software license rights and rights in technical data that MPC customarily provides to the public in connection with the Products.
Governing Law, Jurisdiction, and Costs
These limited warranties are incorporated into and are essential material provision of the Terms and Conditions of Sale of MPC Products to you (Sale Terms). All disputes arising out of or related to the limited warranties set forth herein shall be governed by the laws of the state of Idaho. You hereby consent to the exclusive jurisdiction and venue of the courts of Idaho to resolve any and all disputes with us, and you waive all defenses to such jurisdiction and venue including, but not limited to, any defense based on inconvenient forum. In the event you and we are unable to resolve any dispute, and any collection action, suit, or other judicial proceeding is commenced, the prevailing party in any such collection action, suit, or judicial proceeding shall be entitled to recover its costs and reasonable attorney's fees incurred.
Assignment:
We may assign this Limited Warranty without your consent and without notice to you. If we do assign this Limited Warranty, the assignee will assume all obligations to you, we will be released of all obligations, and you agree to look solely to the assignee for the performance of all obligations under this Limited Warranty.
FLY001446-05
7-23-2008
