Epson Preferred™ Plus On-Site Commercial Service and Support Plan with Printhead Self-Service

Introduction

This Epson Preferred Plus On-Site Commercial Service and Support Plan with Printhead Self-Service ("Plan" or "Agreement") provides expert technical support and on-site service for covered Epson SureColor series printers ("Product") experiencing hardware issues that cannot be resolved over the phone. This document, along with the purchase receipt, governs the Service provided by Epson.

Important Note: Printheads are not covered under this Plan. The cost of printheads and labor for their replacement is the Customer's responsibility. This Plan is available only to Epson's commercial customers who meet program requirements and is intended for purchase with an Epson SureColor series printer.

Please read these important legal Terms and Conditions, including an arbitration provision. Cancellation options are detailed in Section F, Term, Cancellation, and Refunds.

Service Plan Highlights

• ⭐ Printheads for self-service available at reduced cost.
• ⭐ On-site next business day response, as described in Section E, Subsection 3 ("Response Time").
• ⭐ One (1), two (2), or four (4) years of coverage, depending on the Plan purchased.
• ⭐ Labor and travel costs included.

We recommend that Customers complete the section below and keep this document with their return acknowledgment, Plan purchase receipt, and Product purchase receipt for their records. An activation code and instructions will be emailed after Plan purchase.

Service Plan Product Code: [Field for input]

Activation Code: [Field for input]

Product Purchase Date: MM/DD/YYYY [Field for input]

Product Serial No.: [Field for input]

Initial Product Installation Date: MM/DD/YYYY [Field for input]

Plan Start Date: MM/DD/YYYY [Field for input]

¹ Use limit information can be viewed on a status sheet printout and/or on the control panel display.

Terms and Conditions

A. Plan Overview

During the Term of the Plan, Epson America, Inc. ("Epson"), or its designee, will provide priority technical telephone support and other services described herein ("Service") for the Epson Product for which Customer has purchased a Plan. Epson will use commercially reasonable efforts to Service the Product in accordance with this Agreement.

Self-Service Printhead Replacement:

• Customer can purchase replacement printheads at a reduced cost.
• Labor for printhead replacement is Customer's responsibility.
• If Customer purchases a single Product with this Plan, one (1) printhead may be carried for self-service replacement. If Customer purchases two (2) or more Products and this service plan for each Product, up to a maximum number of four (4) total printheads may be carried for self-service replacement.
• Printheads have a limited parts warranty of 90 days from shipment date.
• Product must have Internet connectivity when it is set up and when Customer replaces a printhead. Epson recommends that the Product have a full-time Internet connection to allow Customer to access advanced printer-management features.
• Removed printheads must be returned to Epson. Failure to return used printheads may result in Epson refusing to extend future printhead discounts.

Steps to Enroll in Printhead Self-Service:

1. Once your Product is installed, connect it to the Internet.
2. Review the instructions and sign up for an Epson Global ID account and Epson Cloud Solution PORT account at: epson.com/cloud-solution-port-remote-monitoring-system in the United States and epson.ca/cloud-solution-port-remote-monitoring-system in Canada.
3. Per the Epson Cloud Solutions PORT instructions, activate your Product to communicate with Epson's cloud service.
4. Fill out and submit an online form to receive a parts purchase agreement at: epson.com/support/partsagreement in the United States or epson.ca/support/partsagreement in Canada.
5. Return the signed parts agreement and qualify for credit to purchase printheads.
6. Review Epson printhead replacement training materials at: epson.com/support/r5070service in the United States and epson.ca/support/r5070service in Canada.

Epson is the obligor of this Plan and is financially and legally obligated to perform Service under this Agreement. Epson's obligations are backed by the full faith and credit of Epson, with its principal place of business located at 3131 Katella Ave., Los Alamitos, CA 90720, USA. Epson is the seller of this Plan, but if Customer purchased this Plan from an Epson dealer, that party is the seller and Customer should keep their name and address on file for Customer's records.

B. Plan Fee

The fee for each Plan is payable in full before it will be activated. Customer is responsible for any taxes arising from the Service provided under this Agreement.

See Section F for cancellation details and refund applicability.

C. Eligibility

This Plan is offered to and intended only for Epson's commercial customers. It must be purchased with an Epson SureColor series printer.

Customer may purchase service plans covering up to four (4) years on a year-to-year basis, or any combination thereof. Total coverage, including the original limited warranty and service plan(s), for a single Product serial number cannot exceed five (5) years from the initial Product purchase date.

This Plan is not available for purchase for products that exceed the Use Limits, which can be viewed on a status sheet printout and/or on the control panel display. Customer must be prepared to submit proof of original purchase of the Product.

Service coverage options may be available for Epson products that have exceeded their Use Limits (as listed in the table at the end of this Plan) or are older than five (5) years. Please contact Epson at (888) 377-6611 to discuss alternative service options. At Epson's discretion, products that have exceeded their Use Limits or are older than five (5) years may become eligible for service coverage if they pass an operational inspection (inspection fees apply). Nonoperational products may become eligible for service coverage if they pass an operational inspection after being repaired at Epson's time and material rates. Repair estimates are available at Epson's time and materials rates. Please contact Epson regarding eligibility questions.

Note: The product requires certain Epson software that Customer must download to Customer's computer(s) to operate the product. Additional services require the product to be connected to the Internet and enabled to communicate with Epson servers. This allows Epson to collect and maintain usage information for facilitating service and improving Epson products. To use these Epson services, Customer must authorize Epson to collect such information. Epson's software requires Customer's agreement to Epson's End User License Agreement. Certain Epson services require Customer's agreement to Epson's Terms of Use. Please review Epson's privacy policy to understand how Epson collects, processes, uses, and stores information relative to Epson service and related software. Epson's privacy policy is available at https://epson.com/privacy-policy in the United States or https://epson.ca/privacy-policy in Canada.

D. How to Obtain Service

1. Call toll-free (888) 377-6611 between 7:00 a.m. and 4:00 p.m., Pacific Time, Monday through Friday. Support hours are subject to change without notice.
2. Customer will be asked to provide Epson with the Product's model and serial number, its location address, and a description of the problem.

E. Service and Limitations

Service described in this Agreement is separate from the limited warranty provided at the time of the Product's original purchase. This Agreement does not modify the terms and conditions of that limited warranty.

1. What is Covered:

At its sole discretion, Epson agrees to provide Service if the Product becomes inoperable or unable to perform according to Epson specifications due to defects in workmanship or materials during the Term of the Plan. Each Plan, if used in the United States, Canada, or Puerto Rico, provides coverage for either (i) the Term of the Plan, or (ii) until the Product has exceeded the Use Limits, whichever occurs first. No other coverage is included. This Agreement covers only hardware and mechanical failures related to the parts and components of the Product.

2. What Epson Will Do to Correct Problems:

Should the Product become inoperable or unable to perform its function according to Epson specifications during the Term of the Plan and before it has reached the Use Limits (whichever occurs first), an Epson technician will work with Customer to resolve the problem and determine whether the Product requires hardware service. If so, at Epson's sole discretion, on-site repair may be used, or Epson may elect to exchange the Product for one of equal or superior value.

3. Response Time:

If Epson determines a covered hardware defect requires repair, and the Product is within Epson's on-site service territory, an Epson-trained technician will repair the Product at Customer's facility. Epson will usually dispatch repair parts and a technician to the Product's location for the next business day if Epson determines repair is required prior to 1:00 p.m., Pacific Time. An adult must be available to accept the shipment and be present at all times while the technician is on-site. If Epson's determination is made after 1:00 p.m., Pacific Time, dispatch may be delayed an additional day. Service may also be delayed if Customer's facility is outside major metropolitan areas or is not located in the contiguous United States.

4. Service Parts:

Epson's shipment of service parts does not imply that replacement is required. When service involves the exchange of parts, the items/parts replaced become the property of Epson. Replacement items assume the remaining Term of the Plan of the original Product. Replacement parts may be new or remanufactured to Epson standards.

5. What This Plan Does Not Cover:

• Parts and labor for printhead replacement.
• Damage caused by improper self-service or printhead replacement.
• Any damage caused by misuse, abuse, improper installation, or neglect; improper packaging or shipping; disasters such as fire, flood, or lightning; improper electrical currents, software problems, or interaction with non-Epson products.
• Any damage caused by using inks or ink delivery systems other than the Epson ink system for which the Product was designed.
• Any damage caused by using non-Epson media (unless the media was expressly recommended by Epson).
• Loss of data.
• Any damage, maintenance, or service arising from excessive or continuous use.
• Any damage caused by, or any service for, third-party software, applications, parts, components, or peripheral devices added to the Product after its shipment from Epson, e.g., dealer- or user-added boards, components, or cables.
• Any damage caused by installing the Product next to a heat source or directly in the path of an air vent or air conditioner.
• Service outside the United States, Canada, or Puerto Rico.
• Service if the Product label, logo, rating label, or serial number has been removed.
• Any damage from service performed by anyone other than an Epson-authorized servicer.
• Any service or replacement of consumable items or maintenance consumables such as ink cartridges, ink supply units, ink packs, pick-up rollers, ADF rollers, etc.
• Any cosmetic damage or wear to Product casings or covers.
• Accessories, paint, or refinishing of the Product.
• Any color change or fading of printed media, or reimbursement of materials or services required for reprinting.
• Any product or parts purchased as used, refurbished, or reconditioned.
• Any damage caused by using improper packaging materials or improper packing and shipping when returning a Product for repair or replacement. Customer will be invoiced for such shipping damages to the Product.
• Any problem or damage from Customer's failure to procure, install, or have maintenance performed on equipment or items not covered by this Agreement and on all non-Epson communications media and peripherals. This includes, without limitation, transmission lines, networks, and telephone equipment for data transmission; any electrical or mechanical work external to the Product; or maintenance, alterations, installation, deinstallation, and reinstallation of accessories, attachments, or other devices not furnished by Epson.
• Any problem or damage from operator or user error.
• Installation, deinstallation, or reinstallation of the Product.
• Compensation for the consumption of supplies or maintenance consumables during diagnostics, troubleshooting, maintenance, or repair.
• Enhancements to the form, fit, or function of the Product that may be represented in products sold by Epson at a later date.

6. Customer Responsibilities:

• Activate the Plan using instructions emailed to Customer after purchase.
• Perform operator maintenance prescribed in the User's Guide on a regular basis. Failure to complete proper and timely maintenance may result in Product failure. Service to repair the Product due to improper maintenance will be invoiced at Epson's time and materials rates.
• Operate the Product under suitable conditions, in compliance with environmental requirements, and within specification as documented in the User's Guide.
• Customer may not record Service without Epson's prior written consent.

Note: If a claimed defect cannot be identified or reproduced, Customer will be held responsible for costs incurred. Customer agrees to be billed at Epson's time and materials rates if excluded services are necessary to restore the Product to working condition and to pay such charges upon receipt of invoice.

7. Charge for Matters Not Covered:

Epson is obligated to provide Service only within the terms stated in this Plan. Any labor, parts, or expenses used or incurred by Epson to provide service beyond these terms shall be paid by Customer at Epson's time and materials rates. Epson shall invoice Customer in such case, and each invoice is due 30 days from receipt.

8. Unserviceable Product:

If Epson, after a commercially reasonable effort, is unable to provide Service, Epson may, at its discretion, offer a pro rata refund of the Plan amount paid, or that same pro rata Plan purchase amount may be used toward the purchase of a new product or a service plan for a new product.

F. Term, Cancellation, and Refunds

The Term of the Plan shall begin on the expiration date of the Epson limited warranty ("Plan Start Date"). Unless earlier terminated as provided herein, the Plan shall expire on the one (1)-, two (2)-, or four (4)-year anniversary of such Plan Start Date, depending on which Plan was purchased.

1. Customer may not assign or transfer this Agreement without the prior and express written consent of Epson. Please contact Epson (email customer.inquires@ea.epson.com or call 562-276-1305) to request consent. Any other purported transfer or assignment shall be void.
2. The right to cancel only applies to the original purchaser of this Plan and may not be transferred or assigned.
3. Customer may cancel this Plan by submitting a cancellation request in writing to the Epson dealer that sold Customer this Plan, or if this Plan was purchased directly from Epson to ATTN: Preferred Plus Cancellation, PO Box 93012, Long Beach, CA 90809-9941, USA.
   • Cancellation of Plans: If Customer's written notice of cancellation is received on or before the thirtieth day after the Plan Start Date, Customer will receive a 100% refund minus the cost of any Service provided. Service costs shall be determined based on Epson's time and materials rates. If a written notice of cancellation is not received by the thirtieth day following the Plan Start Date, there is no refund.
4. Epson may also cancel this Plan. In that case, Epson shall provide Customer with a written notice no fewer than 30 days prior to such cancellation at Customer's last known address, with the effective date for the cancellation and the reason for cancellation. Prior notice is not required if the reason for cancellation is nonpayment of the purchase price of the Plan, a material misrepresentation, or substantial breach of duties by Customer relating to the covered property or its use. If Epson cancels the Plan, Customer will receive a pro rata refund of what Customer paid for the Plan (for example, for a cancellation occurring halfway into the Term of the Plan, Customer will be refunded one-half the amount Customer paid).
5. If Customer purchased this Plan directly from Epson and cancels the Plan in accordance with the terms of this Agreement and applicable law, Epson must remit a refund to Customer within 30 days. If Epson exceeds 30 days, then Epson is also required to pay Customer a penalty of 10% per month for the unpaid amount due and owed to Customer. The right to cancel and receive a refund and this penalty payment only applies to the original purchaser of this Plan and may not be transferred or assigned.

G. ARBITRATION

ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY ARBITRATION IN ORANGE COUNTY, CALIFORNIA, BEFORE ONE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES OR PURSUANT TO JAMS' STREAMLINED ARBITRATION RULES AND PROCEDURES, AS APPLICABLE. THE ARBITRATOR SHALL FOLLOW ANY APPLICABLE FEDERAL LAW AND CALIFORNIA STATE LAW IN RENDERING AN AWARD. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION.

H. REMEDIES; DISCLAIMER OF WARRANTIES

EPSON'S SOLE AND EXCLUSIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR EPSON'S FAILURE TO PERFORM IS THAT EPSON WILL, AT EPSON'S OPTION, REPERFORM THE SERVICE. THE WARRANTY AND REMEDY PROVIDED ARE EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESSED OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND THE IMPLIED WARRANTY AGAINST 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 TERM OF THIS AGREEMENT. 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.

I. EXCLUSION OF DAMAGES; EPSON'S MAXIMUM LIABILITY

IN NO EVENT SHALL EPSON OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY LOST PROFITS OR REVENUE, COST OF SUBSTITUTE EQUIPMENT, DOWNTIME, DIMINUTION OF VALUE, LOST DATA, CLAIMS OF THIRD PARTIES, INCLUDING END USERS OR CUSTOMERS, OR INJURY TO PROPERTY, RESULTING FROM THE USE OR INABILITY TO USE THE EPSON PRODUCT OR OBTAIN SERVICE UNDER THIS AGREEMENT, WHETHER RESULTING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT EPSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EPSON OR ITS AFFILIATES BE LIABLE FOR DAMAGES OF ANY KIND IN EXCESS OF THE ORIGINAL PURCHASE PRICE OF THE PLAN. SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

J. Other Provisions

1. Force Majeure: No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party's ("Impacted Party") reasonable control, including, without limitation, the following force majeure events: (a) acts of God; (b) flood, fire, earthquake, or other potential disasters or catastrophes, such as epidemics, pandemics, quarantines, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) shortage of adequate power or transportation facilities; and (i) any other similar events or circumstances beyond the reasonable control of the Impacted Party.
2. Other Rights You May Have: This Agreement gives you specific legal rights, and you may also 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 limitations or exclusions may not apply to you.
3. Choice of Law: This Agreement and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the laws of the State of California including its statutes of limitations and Cal. Civ. Code § 1646.5, without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of California.

Service Plans

Use limit information can be viewed on a status sheet printout and/or on the control panel display.

¹ Printed sheets are calculated based on carriage passes.