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PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOU

Gateway, Inc.
ON-SITE SERVICE AGREEMENT

THIS AGREEMENT CONTAINS THE TERMS AND CONDITIONS THAT APPLY TO ON-SITE SERVICES THAT ARE AVAILABLE TO YOU FROM Gateway, Inc. ("PC TECH") FOR THE PERSONAL COMPUTER ("PRODUCT") YOU PURCHASED DIRECTLY FROM GATEWAY 2000, INC. OR ANY OF ITS DOMESTIC SUBSIDIARIES ("GATEWAY"). ON-SITE SERVICE IS NOT AVAILABLE FOR GATEWAY" SOLO® PORTABLE PRODUCTS OR PORTABLE DOCKING STATION PRODUCTS UNLESS YOU PURCHASED SUCH PRODUCTS AS PART OF A NETWORK SOLUTION THAT IS INSTALLED BY PC TECH IN ACCORDANCE WITH SECTION 6 BELOW. IN ADDITION, INSTALLATION SERVICES ARE NOT AVAILABLE FOR DESTINATION® PRODUCTS. EXCEPT FOR THE STANDARD ON-SITE SERVICES DESCRIBED IN SECTION 2 BELOW, ALL OTHER SERVICES DESCRIBED IN THIS AGREEMENT ARE ON-SITE SERVICE UPGRADES OR OPTIONS THAT ONLY APPLY IF YOU PURCHASE THEM AND PAY A SEPARATE FEE FOR EACH. YOU AGREE THAT THIS AGREEMENT APPLIES TO PC TECH'S PROVISION OF ON-SITE SERVICES FOR YOUR PRODUCT.

DESCRIPTION OF THE SERVICES. PC Tech provides both on-site warranty and installation services in accordance with the terms and conditions of this Agreement. The services described in Section 2 below (the "Standard On-site Services") are provided in accordance with the limited warranty described in the applicable Gateway" Limited Warranty Terms and Conditions Agreement that shipped with your Product (a "Product Agreement"), and are available at no extra charge. The service upgrades described in Sections 3 and 4 below (the "Service Upgrades") are optional and require the payment of a separate fee. You may purchase one or more of the Service Upgrades at the time you purchase your Product or by calling Gateway Add-on Sales. Please contact Gateway Client Support for current prices and availability. THE SERVICE UPGRADES DESCRIBED IN SECTIONS 3 AND 4 BELOW ARE OPTIONAL OFFERINGS WHICH ONLY APPLY UPON PAYMENT FOR THE UPGRADE YOU SELECT. Confirmation of your purchase of a Service Upgrade may be required prior to Gateways provision of service under this Agreement. The price for the Service Upgrades you purchase will be stated on your purchase receipt or invoice. Prices and services advertised are subject to change without notice or obligation prior to acceptance of your order. Prices advertised do not include applicable sales taxes, and these will be added to the price you pay. Any existing or new taxes or fees charged by any governmental authority will be added to your purchase receipt or invoice. If you return your Product under the limited money-back guarantee provided in the applicable Product Agreement, Gateway will refund the fees you have paid for any Service Upgrades, except that, ONCE INSTALLATION OF A PRODUCT IS COMPLETE, THE INSTALLATION SERVICE FEES AND ANY APPLICABLE SALES TAXES ARE NOT REFUNDABLE.
1. AVAILABILITY OF SERVICES. PC Tech will provide the warranty and installation services described in this Agreement for Products located in the United States, Puerto Rico, and Canada. Services are available during reasonable business hours. The location and hours of service may vary, and on-site services may not be available in all locations. PLEASE CONSULT WITH YOUR PRODUCT SALES REPRESENTATIVE BEFORE PURCHASING A SERVICE TO DETERMINE WHETHER SERVICE IS AVAILABLE AT YOUR LOCATION AND THE HOURS OF AVAILABILITY. You can find information on contacting Gateway in the "Technical Support" section of the applicable Product Agreement. PC TECH RESERVES THE RIGHT TO REFUSE OR CANCEL SERVICE TO A CLIENT IF, IN THE TECHNICIAN'S REASONABLE JUDGMENT: (1) THE ENVIROMENT OR CONDITIONS OF THE CLIENT'S LOCATION POSE A THREAT TO THE TECHNICIAN'S SAFTEY, (2) THE CLIENT IS ENGAGED IN ILLEGAL ACTIVITY, (3) THE CLIENT IS ABUSIVE OR VIOLENT TOWARD THE TECHNICIAN, OR (4) THE CLIENT HAS FAILED TO COMPLY WITH ANY OF THE CLIENT RESPONSIBILITIES DESCRIBED IN SECTION 1.C BELOW.
2. OBTAINING ON-SITE SERVICE. To obtain on-site service described under this Agreement, contact Gateway Technical Support as described in the applicable Product Agreement. If you are having technical difficulty with the Product and the Product is still under warranty, the technician will attempt to resolve your issue over the phone. If this is unsuccessful, Gateway may authorize a replacement part or parts, on-site service, or a Product replacement. PLEASE NOTE, PRODUCT REPLACEMENTS AND ON-SITE SERVICE FOR TECHNICAL RESOLUTIONS ARE CONSIDERED OPTIONS OF LAST RESORT. Gateway Technical Support personnel will work to resolve technical issues professionally and quickly, however, you must provide reasonable assistance in order to facilitate and/or receive on-site services. Procedures for handling parts and replacements are outlined in the "Obtaining Warranty Service" section of the applicable Product Agreement. FAILURE TO FOLLOW THE PROCEDURES SET OUT IN THE APPLICABLE PRODUCT AGREEMENT MAY RESULT IN DELAYS IN THE REPLACEMENT OF PARTS OR PRODUCTS, REPAIR OF YOUR PRODUCT, OR YOUR ABILITY TO RECEIVE ON-SITE SERVICE, OR MAY RESULT IN ADDITIONAL CHARGES TO YOUR ACCOUNT. In addition, on-site service may be denied or limited if your account is not in good standing, including outstanding debt for replacement parts not returned to Gateway. On-site service appointments will be scheduled and conducted as indicated below:
  1. If the Gateway technician determines, in his or her sole discretion, that on-site service is required, or if you are ordering an installation service described below, a PC Tech authorized technician will contact you and, using the estimated delivery time for the replacement part or Product, or the Product to be installed, the PC Tech technician will schedule an Estimated Time of Arrival ("ETA").
  2. On the day of the scheduled service appointment, the technician will contact you to verify that the replacement part or Product or the Product to be installed has arrived at your location. If the part or Product has not yet arrived, you must inform the technician and schedule a new appointment.
  3. After the technician completes the on-site service and reviews the repairs with you, you must pack up the non-functioning part or Product and return it to Gateway in accordance with the "Obtaining Warranty Service" section in the applicable Product Agreement.
3. CLIENT RESPONSIBILITIES. For all on-site services described in this Agreement, you are responsible for the following obligations. You acknowledge and agree that PC Tech's provision of on-site services is contingent on your full satisfaction of these obligations. PC TECH RESERVES THE RIGHT TO REFUSE OR CANCEL ON-SITE SERVICE IF A CLIENT FAILS TO PERFORM ANY OF THE FOLLOWING OBLIGATIONS, AND PC TECH, GATEWAY, THEIR RESPECTIVE EMPLOYEES, AGENTS AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY DELAY OR DAMAGES INCURRED BY THE CLIENT IF THE FAILS TO PERFORM ANY OF THE OBLIGATIONS DESCRIBED BELOW. Your responsibilities include:
  1. Ensuring the Product to be installed or serviced is present at the actual service or installation location;
  2. Providing the PC Tech technician with full access to the location where the installation or on-site service will be performed;
  3. Ensuring the installation or service area is free from loose plastic, papers and styrofoam cups, any of which could cause static charges;
  4. Providing a suitable installation and operating location for the Product, which location, at a minimum, is designed to (a) support the size and weight of the Product; (b) provide sufficient space, electrical power, and, if applicable, network cable for the Product, (c) contain the appropriate number and types of electrical outlets, analog phone jacks, and, if applicable, network cables, within reach of the Product, and (d) avoid the possibility of damage caused by impact with other objects, falls, spilled liquids or immersion in liquids, or misuse (a list of the specific requirements for each Product is available from Gateway Technical Support);
  5. Ensuring that the Product to be serviced or installed is located in a environment that poses no potential health or safety hazard to the PC Tech technician;
  6. Backing up proprietary and confidential information and maintaining a procedure external to the hardware products for reconstruction of lost or altered files, data, or programs (NEITHER PC TECH NOR GATEWAY SHALL BE RESPONSIBLE FOR LOSS OF ANY CLIENT DATA);
  7. Removing any third-party, non-Gateway products prior to the arrival of the PC Tech authorized technician;
  8. Providing the PC Tech technician with operating system software and applicable drivers supporting Gateway hardware (on diskette or CD) used during normal operation;
  9. Correctly packaging and returning non-functioning parts, Products or Accessories to Gateway;
  10. HAVING A REPRESENTATIVE 18 YEARS OF AGE OR OLDER PRESENT WHEN THE PC TECH AUTHORIZED TECHNICIAN IS PROVIDING ON-SITE SERVICE; and
  11. Any other obligations reasonably required by Gateway Technical Support or the PC Tech authorized technician in order to provide the services pursuant to this Agreement.
  In addition, to reduce the risk of electrical damage to your system caused by power fluctuations, Gateway encourages the use of an uninterrupted power supply, which can be purchased from Gateway.
4. LIMITED MONEY BACK GUARANTEE. If you properly return the Product to Gateway under the limited money back guarantee, if any, provided under the applicable Product Agreement, Gateway will refund the amount you paid for any Service Upgrades you purchased with the Product except completed Product installation services described in Section 4. ONCE INSTALLATION OF THE PRODUCT IS COMPLETE, THE FEES FOR INSTALLATION SERVICE UPGRADES AND ANY APPLICABLE SALES TAXES ARE NOT REFUNDABLE, EVEN IF YOU RETURN YOUR PRODUCT UNDER A LIMITED MONEY BACK GUARANTEE, IF ANY, PROVIDED UNDER THE APPLICABLE PRODUCT AGREEMENT.
STANDARD ON-SITE SERVICES. In providing the Standard On-site Services, a PC Tech authorized technician will install the replacement part or Product sent by Gateway and verify the proper operation of your Product. On-site service is not available for any mouse, keyboard, monitor, or any non-Gateway branded hardware acquired with your Product. Standard On-site services are available to you for the periods indicated below:
1. One (1) year from the date of shipment for desktop, tower, and Destination Products, as well as server Products in the model 7000 line (for example, the Gateway ALR 7000 or Gateway ALR 7200 server Products).
2. Three (3) years from the date of shipment for server Products in the model 8000 line and higher (for example, the Gateway ALR 8000, Gateway ALR 8200 or Gateway ALR 9000 server Products).
ON-SITE SERVICE UPGRADES. The following on-site Service Upgrades are available for purchase from Gateway. In order to purchase any of these on-site Service Upgrades, the Client must also purchase the corresponding warranty upgrades available under the applicable Product Agreement:
1. Gateway, Inc. Three (3) Year On-Site Service Agreement for Desktop, Tower, Destination, or Gateway ALR Server model 7000 Products: Extends the term of on-site warranty services described in Section 2 from one (1) year to a total of three (3) years from date of shipment of the Product.
2. Gateway, Inc. Four (4) Year On-Site Service Agreement for Gateway ALR Server Products: Extends the term of on-site warranty services described in Section 1 to a total of four (4) years from the date of shipment of the Product. In order to purchase this On-site Service Upgrade for a Gateway ALR Server model 7000 Product, you must also purchase the Warranty Service Upgrade described in Paragraph 3.A above.
3. Gateway, Inc. Five (5) Year On-Site Service Agreement for Gateway ALR Server Products: Extends the term of on-site warranty services described in Section 1 to a total of five (5) years from the date of shipment of the Product. In order to purchase this On-site Service Upgrade, you must also purchase the Warranty Service Upgrade described in Paragraph 3.B above.
4. Hardware Diagnostic Services For Gateway ALR Server Products: Replaces the Standard On-site service for a server Product. These services ("Server Diagnostic Service") provide for the dispatch of a PC Tech authorized technician within four (4) hours of your initial call regarding a technical problem with the Product. The Gateway technician you contact must first determine, in his or her sole discretion, that the problem you are experiencing is hardware-related and cannot be diagnosed over the phone. The on-site visit will be for issue diagnostics only. If the PC Tech authorized technician determines that a replacement part or Product is needed, he or she will order the replacement through Gateway and an on-site service appointment will be scheduled if the Gateway technician determines in his or her sole discretion, that such on-site service is required to install the replacement. Server Diagnostic Services are available for a period of three (3) years from the date of shipment of the Product. PC Tech does not provide diagnostic services for any mouse, keyboard, monitor, or non-Gateway branded hardware acquired with your server Product.
PRODUCT INSTALLATION SERVICES. Upon payment of the applicable service fees by the Client, PC Tech will provide the installation services described in this Section 4.
1. PRODUCT INSTALLATION: A PC Tech authorized technician will install and verify the operation of your desktop, tower, or add-on Product. This service does not include network installation.
2. WORKGROUP INSTALLATION: A PC Tech authorized technician will install the Product and connect it to the Client's existing network.
3. TOWER SERVER INSTALLATION: A PC Tech authorized technician will install and verify the operation of your tower server Product. This service does not include network installation.
4. RACK MOUNT SERVER INSTALLATION SERVICES: A PC Tech authorized technician will install a Rack Mount Server Product, as well as any additional drawers purchased with the Rack Mount Server. This service does not include network installation.
5. NETWORK SOLUTION INSTALLATION SERVICES: A PC Tech technician will install and connect the server, workstation, and/or portable Products purchased from Gateway as part of a Network Solution. The Client must ensure that proper network wiring is available and that the Clients existing products meet the minimum requirements necessary for connection to the Client's network. A list of minimum requirements for the Client's existing products is available from Gateway Technical Support. Please call Gateway Client Support for information on the minimum requirements for this Service Upgrade. Please Note: The PC Tech technician will not perform troubleshooting on the Clients pre-existing network wiring. All troubleshooting of pre-existing wiring requested by the Client shall be subject to a separate fee. If installation services are required to be rescheduled due to network wiring issues, the Client may incur additional charges.
SERVICE WARRANTY; DISCLAIMER OF WARRANTIES. This Agreement is a service contract only. The only warranty that applies to your Product is the limited warranty provided by Gateway under the Product Agreement that shipped with your Product. PC Tech warrants only that the services described in this Agreement shall be provided in a professional and workmanlike manner. ANY IMPLIED WARRANTIES ARE LIMITED TO THE TERM OF THIS AGREEMENT. NO INFORMATION OR ADVICE (WRITTEN OR ORAL) PROVIDED TO YOU BY PC TECH, GATEWAY, THEIR AGENTS OR EMPLOYEES, WILL CREATE A WARRANTY BY PC TECH OR GATEWAY OR INCREASE THE SCOPE OF THIS AGREEMENT. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY.

ANY LIABILITY OF PC TECH, GATEWAY, AND THEIR SUPPLIERS AND SERVICE PROVIDERS UNDER THIS AGREEMENT IS EXPRESSLY LIMITED TO THE FEES YOU HAVE PAID FOR THE SERVICE GIVING RISE TO THE CLAIM. YOUR SOLE REMEDY AGAINST PC TECH, GATEWAY, AND THEIR RESPECTIVE SUPPLIERS AND SERVICE PROVIDERS IN ANY DISPUTE UNDER THIS AGREEMENT SHALL BE TO SEEK RECOVERY OF THE AMOUNTS YOU HAVE PAID, UPON THE PAYMENT OF WHICH PC TECH, GATEWAY, AND THEIR RESPECTIVE SUPPLIERS AND SERVICE PROVIDERS SHALL BE RELEASED FROM AND DISCHARGED OF ALL FURTHER OBLIGATIONS AND LIABILITY TO YOU.IN NO EVENT SHALL PC TECH, GATEWAY, THEIR EMPLOYEES, AGENTS OR CONTRACTORS, BE LIABLE UNDER THIS AGREEMENT FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS OR REVENUE, ECONOMIC LOSS, LOSS OF DATA, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, YOUR TIME, THE CLAIMS OF THIRD PARTIES, AND INJURY TO PROPERTY, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, AND EVEN IF PC TECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
TERM OF THIS AGREEMENT. Unless you purchase one of the Service Upgrades, the term of this Agreement shall be limited to the period indicated in Section 2 above for the Standard Service applicable to your Product. If you purchase one or more of the Service Upgrades, the term of this Agreement with respect to each Service Upgrade you purchase shall continue until the later of (i) the expiration of the applicable period described in Section 2 above, (ii) the expiration of the on-site service Upgrade, if any, purchased under Section 3, or (iii) the completion of the last service purchased under Section 4.
ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties and supersedes all previous verbal and written agreements with regard to the subject hereof. No term or condition of any purchase order issued by the Client inconsistent with this Agreement will be binding upon PC Tech.
GOVERNING LAW. This Agreement is governed by the laws of the State of South Dakota, without giving effect to conflicts of law rules.
DISPUTE RESOLUTION. Any dispute or controversy arising out of or relating to this Agreement, its interpretation or any related purchase will be resolved exclusively and finally by arbitration under the rules of the American Arbitration Association (AAA). You may file for arbitration at any AAA location in the United States upon the payment of $100 of any applicable filing fee. The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute or controversy between you and PC Tech. The arbitration shall be held in any mutually agreed upon location in person, by telephone, or online. Any decision rendered in such arbitration proceedings will be final and binding on each of the parties, and judgment may be entered thereon in a court of competent jurisdiction. The arbitrator shall not award either party special, exemplary, consequential, punitive, incidental or indirect damages, or attorneys fees. The parties will share the costs of arbitration, (including the arbitrators fees, if any) in the proportion that the final award bears to the amount of the initial claim.
SEVERABILITY. If any provision contained in this Agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this Agreement.
GENERAL. You may not assign this Agreement without PC Tech's prior written consent. In case of any inconsistency between this Agreement and any other agreement relating to the on-site services available for your Product, this Agreement shall take precedence.

8503780