LIMITED WARRANTY; DISCLAIMER OF WARRANTIES.
DISCLAIMER OF WARRANTIES. THIS LIMITED WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE PRODUCT. ANY IMPLIED WARRANTY IS LIMITED IN DURATION TO THE LIMITED WARRANTY PERIOD DESCRIBED IN SECTION 8(B) BELOW. NO ORAL OR WRITTEN INFORMATION (INCLUDING BUT NOT LIMITED TO THE LIMITED MONEY BACK GUARANTEE), OR ADVICE GIVEN BY GATEWAY, ITS AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY.
ANY AND ALL LIABILITY OF GATEWAY UNDER THIS AGREEMENT, INCLUDING ANY FAILURE OF THE PRODUCT TO BE YEAR 2000 COMPLIANT, IS EXPRESSLY LIMITED TO THE PRICE YOU HAVE PAID FOR THE PRODUCT AND ACCESSORIES. YOUR SOLE REMEDY AGAINST GATEWAY IN ANY DISPUTE UNDER THIS AGREEMENT SHALL BE TO SEEK RECOVERY OF THE AMOUNTS YOU HAVE PAID, PURSUANT TO SECTION 14, UPON THE PAYMENT OF WHICH GATEWAY SHALL BE RELEASED FROM AND DISCHARGED OF ALL FURTHER OBLIGATIONS AND LIABILITY TO YOU. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR INDIRECT 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 THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
THIS WARRANTY 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 OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
To International Clients
The limited warranty is the same for clients who are located outside of the United States, except as stated in this paragraph. On all orders for replacement parts or Product, the client must pay for the replacement parts or Product and shipping and handling costs before the replacement parts or Product will be shipped. Gateway will refund the cost of the replacement parts or Product when the defective parts or Product is returned to Gateway. Shipping and handling charges are not refundable. GATEWAY IS ALSO NOT RESPONSIBLE FOR ANY CUSTOMS FEES, TAXES, OR VAT THAT MAY BE DUE; THE CLIENT IS RESPONSIBLE FOR THESE CHARGES, EVEN IF DELIVERY OF THE PRODUCT IS REFUSED BY THE CLIENT. ON ALL ORDERS FOR SERVICE, THE CLIENT IS RESPONSIBLE FOR SHIPPING, HANDLING, AND INSURANCE CHARGES TO AND FROM GATEWAY, CUSTOMS FEES, TAXES, OR VAT THAT MAY BE DUE.
STANDARD LIMITED WARRANTY. Gateway warrants to the end-user that the Product (excluding Accessories) will be free from defects in materials and/or workmanship for the periods indicated:
- Three (3) years from the date of shipment for desktop, tower and Destination Products, including external components other than big screen monitors.
- One (1) year from the date of shipment for Solo portable and portable docking station Products (including batteries).
- One (1) year from the date of shipment for Gateway big screen monitors (monitors 27 inches or larger, including Destination monitors).
OPTIONAL EXTENDED LIMITED WARRANTY. If you purchased an extended limited warranty when you purchased your portable, docking station or Gateway big screen PC monitor Product as shown on your purchase receipt or invoice, Gateway warrants to you that the Product (excluding Accessories and portable Product batteries) will be free from defects in materials and/or workmanship for three (3) years from the date of shipment.
During the warranty period, Gateway will either, at its option: (1) repair the Product at no charge for labor and materials, (2) replace the Product with a comparable Product, or (3) refund the amounts you have paid for the Product, less depreciation, upon its return. EXCEPT AS PROVIDED IN SECTION 9(A), YOU ARE RESPONSIBLE FOR THE PRODUCT AND ACCESSORIES UNTIL GATEWAY RECEIVES THEM, AND YOU ARE RESPONSIBLE FOR ALL SHIPPING, HANDLING, AND INSURANCE CHARGES. Any replacement parts or Products will be new or serviceably used, comparable in function and performance to the original part or Product, and warranted for the remainder of the original warranty or thirty (30) days from the date of shipment of the replacement parts or Products, whichever is longer. Purchasing additional parts or Products from Gateway does not extend this warranty period.
THIS LIMITED WARRANTY IS NOT TRANSFERABLE.
GATEWAY DOES NOT WARRANT ANY ACCESSORIES. Please refer to the individual warranty provided by the manufacturer of each Accessory. Defective CDs, DVDs, diskettes or other software media that are delivered with your Product will be replaced by Gateway or its suppliers for ninety (90) days from the date you received your Product. Defective Accessories, other than software, that are delivered with your Product will be replaced by Gateway or its suppliers for thirty (30) days from the date you received your Product. YOU ARE RESPONSIBLE FOR THE ACCESSORIES UNTIL GATEWAY RECEIVES THEM, AND YOU ARE RESPONSIBLE FOR ALL SHIPPING, HANDLING, AND INSURANCE CHARGES.
Gateway's fax/modems do not work in every country. Please contact Gateway's International Client Support about specific countries before you travel abroad.
YEAR 2000. The Product, without any modifications, will roll over to the correct date on and after January 1, 2000. However, Gateway is not responsible for any software or Accessories that improperly set, reset, or calculate dates. You will need to contact the supplier of these Accessories with questions and concerns regarding their Year 2000 capabilities.
EXCLUSIONS. THIS LIMITED WARRANTY COVERS NORMAL USE. GATEWAY DOES NOT WARRANT AND IS NOT RESPONSIBLE FOR:
- DAMAGE CAUSED BY FAILURE TO PROVIDE A SUITABLE INSTALLATION OR OPERATING ENVIRONMENT FOR THE PRODUCT AND/OR ACCESSORIES;
- DAMAGE DURING SHIPMENT, OTHER THAN ORIGINAL SHIPMENT TO THE CLIENT IF GATEWAY'S CARRIER IS USED;
- DAMAGE CAUSED BY IMPACT WITH OTHER OBJECTS, DROPPING, FALLS, SPILLED LIQUIDS, OR IMMERSION IN LIQUIDS;
- DAMAGE CAUSED BY A POWER SURGE OR A DISASTER SUCH AS FIRE, FLOOD, WIND, EARTHQUAKE, OR LIGHTNING;
- DAMAGE CAUSED BY UNAUTHORIZED ATTACHMENTS, ALTERATIONS, MODIFICATIONS OR FOREIGN OBJECTS;
- DAMAGE CAUSED BY ACCESSORIES;
- DAMAGE CAUSED BY THE USE OF THE PRODUCT OR ACCESSORIES FOR PURPOSES OTHER THAN THOSE FOR WHICH THEY ARE CUSTOMARILY USED;
- DAMAGE FROM IMPROPER INSTALLATION OR MAINTENANCE;
- DAMAGE CAUSED BY ANY OTHER ABUSE, MISUSE, MISHANDLING, OR MISAPPLICATION;
- CONSUMABLE PRODUCTS;
- ACCESSORIES OR OTHER PRODUCTS OR SERVICES OF COMPANIES OTHER THAN GATEWAY;
- DAMAGE CAUSED BY PROGRAMS, DATA, VIRUSES, OR OTHER FILES;
- DAMAGE RESULTING FROM YOUR FAILURE TO BACK-UP YOUR DATA OR OTHER FILES; OR
- YEAR 2000 PROBLEMS CAUSED BY NON-GATEWAY PRODUCTS, SOFTWARE, OR ACCESSORIES.
ON-SITE SERVICE AGREEMENT. On-site warranty service is provided for one (1) year from the date of shipment for Desktop, Tower and Destination Products. On-site warranty service is not available for portable or docking station Products, or for monitors, keyboards, mice or similar external components of the Product. Upgraded on-site repair and installation services may be purchased from Gateway for a separate fee. On-site service may be provided by a third party vendor. For specific details regarding the terms and conditions of on-site service, please read the On-Site Service Agreement that was shipped with your Product.
VIP EXPRESS SERVICE OPTION FOR PORTABLE PRODUCTS. If you purchased the VIP Express Service Option at the time you purchased your portable or docking station Product as shown on your purchase receipt or invoice, Gateway will provide warranty service for your Product via express delivery service for a period of one (1) year from the date of shipment of the original Product to you. Gateway cannot guarantee next day delivery. The VIP Express Option is not available or applicable to clients outside the continental United States. To obtain VIP Express service, please contact Gateway Technical Support in accordance with the instructions in section 9 of this Agreement.
OBTAINING WARRANTY SERVICE. To obtain service under this limited warranty, you must contact Gateway Technical Support. The technician will attempt to resolve your issue. If this is unsuccessful, Gateway may authorize the replacement of a part or parts, on-site service or a Product replacement. PLEASE NOTE, ON-SITE SERVICE AND PRODUCT/PART REPLACEMENT ARE AT GATEWAY'S SOLE DISCRETION AND ARE CONSIDERED OPTIONS OF LAST RESORT. IN ADDITION, UNLESS YOU PURCHASE THE APPROPRIATE WARRANTY SERVICE UPGRADE UNDER A SEPARATE ON-SITE SERVICE AGREEMENT, ON-SITE WARRANTY SERVICE IS ONLY AVAILABLE FOR THE PERIODS SET FORTH IN SECTION 8(J) ABOVE. Gateway Technical Support personnel will work to resolve issues professionally and quickly, however, you must reasonably assist Gateway in providing technical support services. Procedures for handling parts and replacements are outlined below. Warranty service may be denied or limited if your account is not in good standing, including outstanding debt for replacement parts not returned to Gateway. If you choose to contact Gateway in writing, send your request for warranty service to the following address: Gateway 2000 Inc., Attn: Warranty Department, 610 Gateway Drive, North Sioux City, South Dakota 57049. FAILURE TO FOLLOW THE PROCEDURES SET OUT IN THIS SECTION MAY RESULT IN DELAYS IN THE REPLACEMENT OF PARTS, REPAIR, OR REPLACEMENT OF YOUR PRODUCT, OR MAY RESULT IN ADDITIONAL CHARGES TO YOUR ACCOUNT. GATEWAY RESERVES THE RIGHT TO REFUSE TO ACCEPT PRODUCTS WHERE THESE PROCEDURES ARE NOT FOLLOWED.
Whether you are obtaining replacement parts, having repairs, or returning the entire Product and Accessories for a replacement, the following procedures must be followed:
- If your technician decides that you need a replacement part(s) or replacement Product, he or she may require a credit card authorization or other security to receive replacement part(s) or Product. The technician will then authorize shipment of the required part(s) or Product to you. An RMA Kit with a pre-paid shipping label will be included with the replacement part(s) or system. YOU ARE FINANCIALLY RESPONSIBLE FOR THE REPLACEMENT PART(S) OR PRODUCT. YOU MUST RETURN THE DEFECTIVE PART(S) OR PRODUCT UNLESS YOU ARE AUTHORIZED IN WRITING BY GATEWAY TO RETAIN OR DISPOSE OF THE PART(S) OR PRODUCT. IF YOU FAIL TO RETURN THE DEFECTIVE PART(S) OR PRODUCT WITHIN SEVEN (7) DAYS OF RECEIPT OF THE RMA KIT, YOU WILL BE RESPONSIBLE FOR THE ORIGINAL SALES VALUE OF THE REPLACEMENT PART(S) OR PRODUCT. IF YOU LOSE THE RMA LABEL, YOU WILL BE RESPONSIBLE FOR RETURN SHIPPING TO GATEWAY.
- If your technician decides that Gateway will repair part(s) or Product, he or she will send you an RMA Kit for you to return the part(s) or Product to Gateway for repair. YOU ARE RESPONSIBLE FOR PAYING ALL SHIPPING, HANDLING, AND INSURANANCE CHARGES RELATED TO THE SHIPMENT OF PARTS OR PRODUCT TO GATEWAY FOR REPAIR. Include a brief summary of the problem. Include your Client ID number, Product serial number, and order number. List the name and telephone number of the person Gateway is to contact with any questions regarding the system and/or repair. Gateway will repair your Product as quickly as is reasonably possible.
- Back up all files before returning the Product and/or Accessories for repair or replacement. Gateway recommends that you have an external back-up system at all times to reconstruct lost or altered files, data, or programs. GATEWAY IS NOT RESPONSIBLE FOR ANY LOSS OF YOUR DATA.
- You acknowledge and agree that the diagnostic or repair services of Gateway are provided without any obligation of confidentiality or non-disclosure on the part of Gateway, its employees or agents. You are advised to delete or otherwise remove from the Product, prior to delivering the Product to Gateway, any files or data you consider private, confidential or proprietary. You understand and agree that a failure to delete or otherwise remove such files or data shall constitute your waiver of any privacy, confidentiality or proprietary rights with respect to such files or data. If your Product contains software that enables Gateway technicians to diagnose and repair problems with your Product remotely, you hereby consent to such remote access to your Product by Gateway solely for such diagnostic and repair purposes. You further acknowledge and agree that all provisions of this Section 9(A)(4) apply to such remote access.
- Return any Product or Accessories in the original packing materials, or if these are not available, other suitable packing materials to prevent further damage. Use the labels contained in your RMA Kit, if applicable. Write the RMA number in large, clear characters on the outside of each box you ship. FAILURE TO USE THESE LABELS OR INCLUDE THE RMA NUMBER MAY RESULT IN DELAYS.
- FOR YOUR PROTECTION, INSURE THE SHIPMENT FOR FULL REPLACEMENT VALUE. YOU ARE RESPONSIBLE FOR ANY DAMAGE TO THE PRODUCT OR ACCESSORIES WHICH OCCURS DURING SHIPMENT TO GATEWAY.
- WITH REGARD TO REPAIRS, REPLACEMENT PARTS OR PRODUCT REPLACEMENTS, GATEWAY IS NOT RESPONSIBLE FOR DAMAGE CAUSED BY ANY OF THE CONDITIONS LISTED IN PARAGRAPH 8(I) "EXCLUSIONS."
- TECHNICAL SUPPORT. Gateway provides a range of basic technical support options for the Product via a variety of on-line, telephone, and other methods. Gateway may change the means through which it provides technical support at any time. Some current support methods are listed below. It is likely that many of your questions will be answered by the documentation shipped with, and information loaded on, the Product. Gateway will provide reasonable support for Microsoft software your ordered from Gateway with your Product. Gateway technical support does not include support for the network environment in which any Product or Accessory may be installed, except as otherwise provided in a separate agreement between the client and either Gateway or a third party service provider designated by Gateway. GATEWAY DOES NOT PROVIDE FREE SOFTWARE TUTORING OR CUSTOMIZATION, OR SUPPORT FOR ANY OTHER ACCESSORIES, INCLUDING SOFTWARE, OR ANY PRODUCTS PURCHASED FROM THIRD PARTY VENDORS. GATEWAY MAY PROVIDE FEE-BASED SUPPORT FOR THESE OR ANY OTHER ISSUES FALLING OUTSIDE THE SCOPE OF BASIC TECHNICAL SUPPORT. YOU WILL BE NOTIFIED OF ANY APPLICABLE FEE BEFORE GATEWAY TECHNICAL SUPPORT BEGINS RESOLUTION OF YOUR ISSUE.
PRODUCT MANUALS. A number of manuals and other publications accompanied your Product and Accessories. In addition, there are a number of help files loaded on your Product. We recommend that you carefully review these materials.
GATEWAY INTERNET SITES. We also recommend that before calling technical support, you go to Gateway's sites on the Internet. It is likely that you can find answers to most, or all, of your questions there.
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http://www.gateway.com
- http://www.gateway.net
You can find information regarding Frequently Asked Questions (FAQs), technical documentation and updated driver files. GATEWAY DOES NOT SUPPORT DRIVERS AND PATCHES OBTAINED FROM NON-GATEWAY SITES.
ON-LINE SERVICES. You can also obtain answers to your technical support questions through the on-line services listed below. These services contain public forums, downloadable files and e-mail support. These services are available at the addresses below.
- Internet E-mail - http://www.gateway.com/support and click on "Contact Options"
- Direct Internet E-mail - or
- America Online - keyword gateway
GATEWAY DOWNLOAD SERVICE: 800-846-7562 or 605-232-2224 (V32.bis/HST Dual Standard 300-57600 bps). The download service provides you with access to software patches, drivers and upgrades. You can access the BBS 24 hours a day, except during maintenance periods.
AUTOMATED TROUBLESHOOTING SYSTEM (ATS): 800-846-4526. The ATS is accessible by telephone 24 hours a day, 7 days a week, except during maintenance periods. The ATS can be used for common troubleshooting of Product components.
FAXBACK SERVICE (MENU DRIVEN; WE FAX INFORMATION BACK TO YOU!): 800-846-4526.
TELEPHONE NUMBERS. If you cannot find answers online, you can call technical support. Our technical support line operates 24 hours a day, 7 days a week. Please fill out the registration box on the back cover of this document and have the information ready when you call. We can serve you much faster if you have your Client ID and order number ready before you call.
CLIENT SUPPORT: 800-846-2000. The Gateway Client Support department can assist you with non-technical questions. This is the number to call to change your address or to inquire about orders, bills, invoices, and obtaining warranty service.
DESKTOP AND TOWER TECHNICAL SUPPORT: 800-846-2301 (U.S.); 800-846-3609 (Canada and Puerto Rico). Call this number if you have technical questions about your desktop or tower Product.
DESTINATION PRODUCT TECHNICAL SUPPORT: 800-555-2054. Call this number if you have technical questions about your Destination Product.
PORTABLE TECHNICAL SUPPORT: 800-846-2302 (U.S.); 800-846-3609 (Canada and Puerto Rico). Call this number if you have technical questions about your portable or docking station Product.
INTERNATIONAL TECHNICAL SUPPORT: 605-232-2191.
AUTOMATED TECHNICAL SUPPORT: 800-846-2118.
TECHNICAL TELECOMMUNICATIONS DEVICE FOR THE DEAF (TDD): 800-846-1778.
TRADEMARKS. Gateway is the sole and exclusive owner of the name "Gateway" and any and all of Gateway's trademarks, trade names, trade logos and trade dress appearing on, attached to or described in the Products, and you acquire no rights to these trademarks.
SOFTWARE & HARDWARE. You agree to comply with the terms and conditions of any applicable end-user license agreements, and in all cases where software programs have been pre-loaded on the Product, you agree that by turning on the Product, you accept the terms and conditions of the end-user license agreements. Many software and hardware components of the Product may vary in performance, functionality, and compatibility from retail (off-the-shelf) versions. Gateway may use various suppliers of components for Products.
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, controversy, or claim arising out of or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, or any related purchase shall be resolved exclusively and finally by arbitration administered by the American Arbitration Association (AAA) under its rules (www.adr.org). 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 Gateway. 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 and each party irrevocably waives any such right to recover such damages. The parties will share the costs of the arbitration, (including the arbitrator's fees, if any) in the proportion that the final award bears to the amount of the initial claim.
COMPLIANCE WITH LAWS AND REGULATIONS. You must comply with all applicable export laws and regulations of the United States and other applicable countries if you export the Product outside the country.
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 Gateway's prior written consent. In case of any inconsistency between this Agreement and any other agreement included with or relating to your Product, this Agreement shall take precedence.
MAN US STD WAR DSK/PTB/DL R12 11/98
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