6
Notices
D.
This warranty does not cover any color change or fading of prints or reimbursement of materials or
services required for reprinting.
E.
This warranty does not cover damage to the Epson product caused by parts or supplies not
distributed by Epson.
F.
This warranty does not cover ink bottles, ink cartridges, ink supply units, or ink packs.
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 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
