Dell Accidental Damage Service Agreement for Consumer Customers

Introduction

By accepting the services and support described on your invoice, you agree to be bound by and accept the terms and conditions herein. This Agreement supplements, and if in conflict with, will control the terms and conditions of any applicable signed agreement between you and Dell (including Dell's Standard Key Customer Purchase Agreement) or, in its absence, Dell's Standard "U.S. Consumer Terms of Sale-Direct" for consumer customers purchasing directly from Dell or "Dell's Retail Purchaser End-User Agreement" for consumer customers purchasing through a third-party retailer. Dell's standard invoice containing a description of the product you purchased is incorporated by reference.

This Agreement is between you and Dell Marketing L.P. or the Dell entity specified in the aforementioned signed agreement or applicable standard Dell terms and conditions. All capitalized terms not defined herein have the meaning specified in the aforementioned signed agreement or Dell's standard invoice terms and conditions.

THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

Dell is pleased to provide Accidental Damage Service (the "Service") in accordance with this Service Description ("Agreement"). For your one-time payment, Dell will provide the Service for each product ("Supported Product") for the term specified on your invoice, information page, or other order confirmation. Dell Marketing L.P., One Dell Way, Round Rock, Texas 78682, is the sole party obligated to provide service under this Agreement.

Scope of Your Service Agreement

You must pay a separate Total Price for each Supported Product you wish to be covered. For example, a printer purchased with a notebook system is not covered by the notebook system's service contract. Instead, the printer and the notebook will each need their own service contract. When the Service is purchased for a desktop system, both the desktop and the monitor purchased with the desktop will be covered under the service contract.

During the term of this Agreement, Dell will repair or replace the Supported Product as necessary to correct any damage to the Supported Product which occurs during the usual and customary usage of the Supported Product and is caused by either accidental damage from handling (including drops and spills) or an electrical surge.

Covered Parts

Only parts built in or on the base unit of the Supported Product, including parts or accessories that are required for regular operation of the base unit and shipped at point of sale, such as internal memory, built-in LCD, internal components/switches, built-in buttons, drawers, lids or panels, remote controls, or cables are covered.

Exclusions

This Agreement does not cover:

Externally-attached computers, peripherals, or other devices that may work in conjunction with the Supported Product.
Components, cases, television or monitor wall mounts, wiring, or items classified as "accessories" or "consumables" and not built in or on the base unit of the Supported Product, such as batteries that are out of warranty, light bulbs, disposable/replaceable print/ink cartridges, print or photo paper, memory disks, memory cards, SIM cards, disposable memory devices, wire connections, carrying cases, stylus pens, docking stations, external modems, external speakers, game devices, game disks, secondary monitors, external mouse for notebooks, external keyboard for notebooks, or other input/output devices, any other components not internal to the Supported Product for which you purchased Service, or other parts/components requiring regular user maintenance.

If Dell repairs your Supported Product, Dell may replace original parts with new or used parts from the original manufacturer, or a different one. Replacement parts will be functionally equivalent. Dell may designate an affiliated company or contract with a third party to complete repairs. If Dell decides to replace the Supported Product rather than repair it, you will receive a Supported Product equivalent to or better than the one you originally purchased.

For any incident Dell determines is eligible for Service, coverage is limited to one Qualified Incident per Supported Product per 12-month period. The ability to submit an incident does not accumulate or carry over. Once the Qualified Incident limit is reached, Dell may offer to repair Customer's product for an additional charge.

This is not a contract of insurance. Please read this Agreement carefully.

Service Response Level

When you request Service, you must allow Dell to evaluate the Supported Product to determine whether it qualifies for Service. Dell's technical support agent will inform you of options to ship your Supported Product to Dell for evaluation and repair. Dell will pay all shipping charges for return of the Supported Product to Dell's service facility if you follow directions. Other evaluation and repair methods may be available.

Hardware Only

This Agreement is for hardware only and does not cover software. This software exclusion includes but is not limited to: 1) any defects in or damage (including without limitation virus-inflicted damage) to software preloaded on, purchased with or otherwise loaded on the Supported Product and 2) any software loaded through Custom Factory Integration. Dell will exercise reasonable efforts to repair or replace non-software Custom Factory Integration items that may otherwise be excluded components.

Service Limitations

This Agreement does not cover and Dell is not obligated to repair or replace:

Any damage or defect that is cosmetic, such as scratches and dents that do not materially impair your use. Dell is not obligated to repair wear and tear.
Any Supported Product that anyone other than Dell or a designated person has tried to repair. Dell will not reimburse you for such repairs.
Any Supported Product that suffers damage in connection with or as a result of incorrect or inadequate Customer Installation. "Customer Installation" includes: (1) unpacking or moving the Supported Product (2) installation or mounting to a wall or other structure (or removal) and (3) affixing of brackets or other weight bearing devices. Customer Installation does not include installation services purchased from Dell.
Any Supported Product that is lost or stolen. To receive repair or replacement, you must return the damaged Supported Product in its entirety.
Any Supported Product damaged by fire from an external source, intentionally damaged, damaged by misuse, abuse, failure to follow instructions, or use in an incorrect environment.
Any recovery or transfer of data stored on the Supported Product. You are solely responsible for backing up all existing data, software, and programs on affected products before receiving services. You are responsible for removing confidential, proprietary, or personal information and any removable media. Dell does not provide data recovery services. If storage device replacement is necessary, Dell will reload the then-current version of major application and operating system software originally purchased, including installed Custom Factory Integration applications. Dell does not warrant compatibility of Custom Factory Integration applications with replacement products.
Preventive maintenance. It is not necessary to perform preventive maintenance to obtain repair or replacement.
Other damages not arising from defects in materials or workmanship or ordinary and customary usage.
Damages arising from acts of God such as, but not limited to, lightning, flooding, tornado, earthquakes, and hurricanes.

Additional Limitations for Service Purchased After the Purchase of the Supported Product

Where allowed by law, this Service may also be available for purchase after the date Customer purchased a product. In those instances, the following conditions and limitations apply:

REQUESTS FOR SERVICE FOR THE SUPPORTED PRODUCT CANNOT BE PRESENTED UNTIL 30 DAYS AFTER THE SERVICE'S PURCHASE DATE, AS INDICATED ON CUSTOMER'S INVOICE, INFORMATION PAGE OR OTHER ORDER CONFIRMATION; PROVIDED HOWEVER, THAT THE 30-DAY WAITING PERIOD WILL NOT APPLY TO CUSTOMERS WHO EXTEND THEIR SERVICE PERIOD PRIOR TO THE EXPIRATION OF THE PRECEDING SERVICETERM.
Customer is responsible for ensuring that the Supported Product is in normal operating condition at the time Service is purchased. Dell will not be responsible for Service for any damage or defect that existed prior to the Customer's purchase of Service.
Dell reserves the right to inspect the Supported Product to confirm that it is in normal operating condition. Dell may, for an additional charge, offer Customer repair options to return the underlying product to normal operating condition.
If, upon inspection, Dell determines that the damage or defect for the Supported Product existed before the Service was purchased, then the request for Service will be denied.

How to Contact Dell If You Require Service

Chat and E-mail Support

Dell technical support service may be contacted through instant online chat or e-mail available at www.support.dell.com.

Telephone-Based Support

For telephone support requests, contact your Dell support center at 1-800-624-9896 to speak to a technical support analyst. Diagnosis or troubleshooting under your Dell Limited Hardware Warranty (see www.Dell.com/Warranty), or other underlying warranty or service contract (see www.Dell.com/ServiceContracts) may be required prior to receiving Service. Support hours do not include holidays. Dell is not liable for any failure or delay in performance due to any cause beyond its control.

Geographic Limitations & Relocation

This Service will be delivered to the site(s) indicated on the Customer's invoice, or other order confirmation. Dell is not obligated to provide Service for any Supported Product located outside the country or site(s) indicated. Service options, including service levels, technical support hours and onsite/in-home response times will vary by geography and certain options may not be available in Customer's location. Dell's obligation to provide Service for a relocated Supported Product is subject to local Service availability and may be subject to additional fees as well as inspection and recertification. Support outside of the country may be available on a commercially reasonable efforts basis (e.g., not available in all countries, not available on all parts, not available to all Customers). Out of country support will not include any whole unit replacements. Customer will provide Dell with sufficient and safe access to Customer's facilities at no cost for Dell to fulfill Dell's obligations.

General Customer Responsibilities

Cooperate with Technician

You must cooperate with the technician to ensure that the Supported Product is properly serviced. When you call, a Dell technician will ask for the Service Tag number and verify your purchase. The technician will then ask a series of questions to assess the extent and cause of damage. These diagnostic and troubleshooting steps may require more calls or extended sessions, and you may be asked to access the inside of your Supported Product where safe to do so.

If your issue is covered and not resolved remotely, Dell may send a replacement part for you to install. In some cases, Dell may offer to provide a replacement part or product ("Replacement Item") immediately (an "Advanced Exchange"). Dell may require a valid credit card number and credit authorization or payment for the Replacement Item. Dell will not charge your credit card or will refund your payment if: 1) you return the original part or product within 10 days of your receipt of the Replacement Item and 2) Dell confirms that your product issue is covered. If Dell does not receive your original part or product within 10 days, Dell will charge your credit card for the then-current standard price. If Dell determines that your product issue is not covered, you will be given 10 days to return the Replacement Item at your expense, or Dell will charge the standard price. If you do not wish to provide credit authorization or payment, you can receive a Replacement Item by first returning the original part or product to Dell.

When returning a Supported Product for replacement, do not include parts not sent to you for replacement (such as battery, battery pack cover, SIM card, memory card, etc.). Dell will not be responsible for any data or voice charges incurred as a result of Customer's failure to remove all SIM cards. Do not send external parts (such as cords, cables, controls, or lens caps).

Payment

Service is only available with the purchase of a Dell product for which Dell currently offers Dell Accidental Damage Service. Your invoice, information page, or other order confirmation will indicate whether you purchased Dell Accidental Damage Service and will serve as your receipt. The Supported Product will be tagged with a serial number that will indicate your purchase of the Service (the "Service Tag").

Limitation of Liability

NEITHER DELL MARKETING L.P. NOR ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS ARE LIABLE TO YOU, OR ANY SUBSEQUENT OWNER OR OTHER USER OF THE SUPPORTED PRODUCT, FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LIABILITY OR DAMAGES FOR THE SUPPORTED PRODUCT NOT BEING AVAILABLE FOR USE, LOSS OR CORRUPTION OF DATA OR SOFTWARE, PERSONAL INJURY, DEATH, OTHER INDIRECT LOSS DUE TO SUPPORTED PRODUCT FAILURE, OR ANY AND ALL INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SUPPORTED PRODUCT, EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY WAIVE ANY CLAIMS DESCRIBED IN THIS PARAGRAPH. YOU AGREE AND UNDERSTAND THAT DELL WILL NOT BE RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY YOU FOR THE PURCHASE OF THE SUPPORTED PRODUCT COVERED BY THIS AGREEMENT. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

General Terms

Term and Renewal

The service type, term, and the Supported Product you have purchased are recorded on the Customer invoice or on the information page included with your copy of this Agreement; provided that the term of Service purchased may not exceed the length of Customer's underlying Dell limited hardware warranty. Service extensions can be purchased by calling Dell at (800) 695-4458.

Claims of Confidentiality or Proprietary Rights

You agree that any information or data disclosed or sent to Dell, over the telephone, electronically or otherwise, is not confidential or proprietary to you.

Transferability

Subject to the limitations set forth in this Agreement, Customer may transfer this Service to a third party who purchases Customer's entire Supported Product before the expiration of the then-current service term; provided that Customer is the original purchaser of the Supported Product and this Service, or Customer purchased the Supported Product and this Service from its original owner (or a previous transferee) and complied with all the transfer procedures available at www.support.dell.com. Additional terms, conditions and fees may apply.

Cancellation

This Agreement is dated as of the invoice date or other start date noted on your invoice or on the information page included with your copy of this Agreement. You may cancel this Agreement within thirty (30) days of your receipt of this Agreement by sending written notice to: Dell Marketing L.P., One Dell Way, Round Rock, Texas 78682, Attn: Service and Support Department.

Except as provided in paragraph 5.k. for customers in certain states or jurisdictions, if you cancel this Agreement within thirty (30) days of your receipt, Dell will send you a full refund less the cost of claims, if any. If no claim has been made, the Agreement shall be void and you will receive a full refund. You may not cancel this Agreement after thirty (30) days, except as provided in paragraph 5.k. for customers in certain states or jurisdictions.

Dell may cancel this Agreement if you fail to pay, make a misrepresentation, or otherwise breach your obligations. Dell will send written notice of cancellation (at least ten (10) days prior) with reason and effective date. Service must be cancelled separately for each Supported Product.

Entire Agreement

This Agreement is the entire agreement between you and Dell with respect to its subject matter and none of Dell's employees or agents may orally vary the terms and conditions of this Agreement.

Additional Remedies

This Agreement affords you specific legal rights, which may vary from jurisdiction to jurisdiction. This Agreement is not a warranty. Your Supported Product may also come with a limited hardware warranty from Dell or third party manufacturers. Consult the applicable limited warranty statements for your rights and remedies. For the Dell Limited Hardware Warranty please see https://www.dell.com/Warranty.

State-Specific Provisions

The terms stated in this paragraph are specific to warranties and services purchased for a separate charge in certain states. If you are not a permanent resident of the state identified in each paragraph below at the time you purchase the service for a separate charge, then you are not eligible for these rights and/or remedies. Dell is not obligated to provide the service under these terms except in the states specified below.

Alabama, Georgia and Kentucky Customers: Dell's obligations are backed by its full faith and credit.
California Customers: You may cancel at any time. Full refund if no claims within 30 days; pro-rata refund if claims made or after 30 days.
Colorado Customers: For agreements purchased Feb 1, 2019 - May 31, 2021, Dell's obligations are insured by a service contract reimbursement insurance policy. If Dell fails to pay or provide service on a claim within sixty days after proof of loss has been filed, the contract holder is entitled to make a claim directly against the insurer by contacting Starr Indemnity & Liability Company, 399 Park Avenue, 3rd Floor, New York, NY 10022 (855) 438-2390.
Illinois Customers: You may cancel at any time. Pro-rata refund if claims made or after 30 days.
Florida Customers: Specific terms for permanent residents. Arbitration is non-binding unless parties agree in writing. Dell Marketing L.P. is a licensed service warranty association in Florida.
Hawaii Customers: If Dell fails to refund within forty-five (45) days, a 10% penalty per month applies. Right to cancel applies only to original owner. For agreements purchased Feb 1, 2019 - May 31, 2021, Dell's obligations are insured by a service contract reimbursement insurance policy. If Dell fails to pay or provide service within 60 days, contact Starr Indemnity & Liability Company, 399 Park Avenue, 3rd Floor, New York, NY 10022 (855) 438-2390.
Maine Customers: You may cancel at any time. If no claim has been made within 20 days (or 10 days if provided at sale), the Agreement is void and Dell will refund the full purchase price. If Dell fails to refund within forty-five (45) days, a 10% penalty per month applies. Right to void is not transferable. For agreements purchased Feb 29, 2016 onwards, Dell's obligations are insured by a service contract reimbursement insurance policy. If Dell fails to pay or provide service within 60 days, contact Starr Indemnity & Liability Company, 399 Park Avenue, 3rd Floor, New York, NY 10022 (855) 438-2390.
Maryland Customers: If you return the service contract within twenty (20) days and no claim made, it is void and Dell will refund the full purchase price. If Dell fails to refund within forty-five (45) days, a 10% penalty per month applies. Right to void is not transferable.
Massachusetts Customers: You may cancel at any time. If no claim has been made within 20 days (or 10 days if provided at sale), the Agreement is void and Dell will refund the full purchase price. If Dell fails to refund within forty-five (45) days, a 10% penalty per month applies. Dell may cancel with 5 days prior notice (unless nonpayment, misrepresentation, or breach). Obligations backed by full faith and credit.
Montana Customers: Obligations of the provider under this Agreement are backed by the full faith and credit of the provider.
Nevada Customers: You may cancel at any time. Full refund if no claim within 20 days; pro-rata refund with 10% cancellation fee if claims made or after 20 days. Dell may cancel within 70 days for any reason, or thereafter for specific reasons (e.g., non-payment, fraud, material misrepresentation, increased service scope). If Dell fails to refund within 45 days, a 10% penalty per month applies. No deductible. Obligations backed by full faith and credit of Dell Technologies Inc. Arbitration provisions do not apply to disputes solely from this Agreement. Contact Nevada's Insurance Division at https://doi.nv.gov/ or (888) 872-3234.
New York Customers: If Dell fails to refund within thirty (30) days of cancellation, a 10% penalty per month applies. Obligations backed by full faith and credit. Dell provides repair and replacement services for defects in materials or workmanship, or wear and tear, to the extent provided in Dell's Limited Hardware Warranty.
North Carolina Customers: Written notification required before the sale that service agreement purchase is not mandatory. You may cancel at any time. Pro-rata refund if claims made or after 30 days.
Ohio Customers: Dell's obligations are insured by Virginia Surety Company, Inc., 175 W. Jackson Blvd., Chicago, IL 60604. If Dell ceases to operate, is bankrupt, or your claim is not paid within sixty (60) days, you may file a direct claim with Virginia Surety Company, Inc. at 1-800-209-6206.
Oklahoma Customers: Dell Technologies Inc. shall be considered the obligor on the service obligations hereunder.
Oregon Customers: The obligations of Dell Marketing L.P. are backed by the full faith and credit of Dell Technologies Inc. Contact information: One Dell Way, Round Rock, TX 78682, Attn: Service and Support Department, (800) 624-9897. Arbitration provisions may not apply if prohibited by Oregon law. Texas law governs unless Oregon law applies due to specific instances.
South Carolina Customers: If Dell fails to refund within forty-five (45) days of cancellation, a 10% penalty per month applies. Right to cancel applies only to original owner. If Dell cancels, written notice at least fifteen (15) days prior. Obligations backed by full faith and credit. For disputes, contact South Carolina Department of Insurance, Capitol Center, 1201 Main Street, Ste. 1000, Columbia, South Carolina 29201 or (800) 768-3467.
Texas Customers: If Dell fails to refund within forty-five (45) days of cancellation, a penalty of no more than 10% per month applies. Right to cancel applies only to original owner. Obligations backed by full faith and credit. Unresolved complaints to Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711-2157, telephone (512) 463-6599 or (800) 803-9202. For agreements purchased Feb 1, 2019 - May 31, 2021, Dell's obligations are insured by a service contract reimbursement insurance policy. If Dell fails to pay or provide service on a claim within sixty days, contact Starr Indemnity & Liability Company, 399 Park Avenue, 3rd Floor, New York, NY 10022 (855) 438-2390.
Virginia Customers: If any promise in the contract is denied or not honored within 60 days, contact Virginia Department of Agriculture and Consumer Services, Office of Charitable and Regulatory Programs at https://www.vdacs.virginia.gov/food-extended-service-contract-providers.shtml to file a complaint.
Washington Customers: If Dell fails to refund within thirty (30) days of cancellation, a 10% penalty per month applies. Right to cancel applies only to original owner. Obligations of Dell Marketing L.P. backed by full faith and credit of Dell Technologies Inc. Arbitration provisions may not apply if prohibited by Washington law.
Wisconsin Customers: This warranty is subject to limited regulation by the Office of the Commissioner of Insurance. Dell Technologies Inc. shall be considered the obligor on the service obligations hereunder.
Wyoming Customers: Arbitration provisions may not apply if prohibited by Wyoming law. Right to voluntarily enter into a written agreement to arbitrate. Arbitration is non-binding unless agreed. Final determination may be submitted to court. Texas law governs unless Wyoming law applies due to specific instances. Obligations backed by full faith and credit.

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