Epson EF-100BATV Installation rapide - Page 4

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or parts assume the remaining warranty period of the product covered by this limited

warranty and are subject to its 8,400-hour use limitation.

C. What This Warranty Does Not Cover:

1. Any damage caused by misuse, abuse, improper installation, neglect, improper

packing or shipping; disasters such as fire, flood, or lightning, improper electrical

currents, software problems, or interaction with non-Epson products

2. 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, such as dealer or user-added boards, components, or cables

3. Any damage caused by installing the product next to a heat source, or directly in

the path of an air vent or an air conditioner

4. Damage due to excessive, continual usage

5. Damage caused by failure to properly maintain the projector (see your online

User's Guide for details)

6. Service when the projector is used outside the U.S., Canada, or Puerto Rico

7. Service if the product label, logo, rating label, or serial number has been removed

8. Loss of data

9. Installation or removal

10. Any damage from service performed by other than an Epson Authorized Servicer

11. Damage resulting from operation in areas with smoke, oil, high humidity, dust, or

excessive vibration

12. Cosmetic damage caused by handling or normal wear and tear during usage

13. Any product or parts purchased as used, refurbished, or reconditioned

14. Any damage caused by using improper packaging materials or improper

packaging and shipping when returning a product for repair or replacement. You

will be invoiced for such shipping damage to product.

This warranty is not transferable. Epson is not responsible for your data or

applications, which cannot be restored and should be backed up by you. Postage,

insurance, or shipping costs incurred in presenting your Epson product for carry-in

warranty service are your responsibility. If a claimed defect cannot be identified or

reproduced in service, you will be held responsible for costs incurred.

D. DISCLAIMER OF WARRANTIES: EPSON'S SOLE AND EXCLUSIVE LIABILITY AND

YOUR EXCLUSIVE REMEDY FOR BREACH OF WARRANTY SHALL BE LIMITED TO

EITHER, AT EPSON'S OPTION, REPAIR OR REPLACEMENT AS SET FORTH ABOVE. THE

WARRANTY AND REMEDY PROVIDED ARE EXCLUSIVE AND IN LIEU OF ALL OTHER

EXPRESSED OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND

NON-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 WARRANTY PERIOD IDENTIFIED ABOVE. 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.

E. 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, COST OF SUBSTITUTE EQUIPMENT, DOWNTIME,

CLAIMS OF THIRD PARTIES, INCLUDING CUSTOMERS, OR INJURY TO PROPERTY,

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. SOME STATES

DO NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL

DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

F. Disputes, Arbitration, Governing Laws:

1. Both you and Epson agree that any controversy or claim arising out of or

relating to Epson products or services or this agreement, shall be resolved by

arbitration on an individual, non-class, non-representative basis, rather than in

court. 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 and under the rules set forth in this agreement.

The arbitrator, and not any federal, state, or local court or agency shall have

the exclusive authority to resolve any dispute relating to the interpretation,

applicability, enforceability, or formation, including but not limited to, any

claim that all or any part is void or voidable. JAMS rules are available at

http://www.jamsadr.com or by calling 1-800-352-5267. 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. If you wish, you may appear at the

arbitration by phone. The arbitrator is bound by the terms of this agreement.

2. 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.

3. 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 Beach,

CA 90806, within thirty (30) days of your purchase of the Epson products and/or

services that specifies (i) your name, (ii) your mailing address, and (iii) your request

to be excluded from the final, binding individual arbitration procedure and waiver

of class and representative proceedings specified in this Section F. In the event that

you opt-out consistent with the procedure set forth above, all other terms shall

continue to apply, including the requirement to provide notice prior to litigation.

4. There is no judge or jury in arbitration and your grounds for appeal are limited,

however, the arbitrator is empowered to grant relief and award you the same

damages as a court could, including declaratory or injunctive relief. Judgment on

the arbitration may be entered in any court having jurisdiction.

5. Notwithstanding the foregoing, you may bring an individual action in a small

claims court of your state or municipality if the action is within that court's

jurisdiction and is pending only in that court.

6. Notwithstanding the foregoing, we also both agree that you or we may bring

suit in court to enjoin infringement or other misuse of trademark, patent

infringement, copyright, or trade secret.

7. Any action must be brought within one (1) year of the expiration of the warranty.

8. If any provision in this Section F is found to be unenforceable, that provision

shall be severed with the remainder of this agreement remaining in full force

and effect. The foregoing shall not apply to the prohibition against class or

representative actions. This means that if Section 9 (below) is found to be

unenforceable, the entire Section 9 (but only Section 9) shall be null and void.

9. We each agree that any dispute resolution proceedings will be conducted only

on an individual basis and not in a class, consolidated, or representative action.

10. This Section F is governed by the Federal Arbitration Act.

G. Other Provisions:

1. Other Rights You May Have: This warranty gives you specific legal rights, and

you may also have other rights which vary from jurisdiction to jurisdiction. Some

jurisdictions do not allow limitations on how long an implied warranty lasts, or

allow the exclusion or limitation of incidental or consequential damages, so the

above limitations or exclusions may not apply to you.

2. Warranties in Canada: In Canada, warranties include both warranties and

conditions.

3. Governing Law: Except for any claims subject to arbitration pursuant to Section F,

you and Epson agree that the law of the state where you reside shall govern.

4. Venue: Except for claims subject to arbitration pursuant to Section F, in the event

of a dispute you and Epson both consent to the jurisdiction of your state of

residence or, if none, then of the courts in Los Angeles County, California.

To find the Epson Authorized Reseller nearest you, please visit www.epson.com in the

U.S. or www.epson.ca in Canada.

To find the Epson Customer Care Center nearest you, please visit

www.epson.com/servicecenterlocator in the U.S. or www.epson.ca/servicecenterlocator in

Canada.

To contact the Epson Connection

, please call (800) 637-7661 or (562) 276-4394 in the

U.S. and (905) 709-3839 in Canada or write to Epson America, Inc., P.O. Box 93012, Long

Beach, CA 90809-3012.

EPSON is a registered trademark and EPSON Exceed Your Vision is a registered logomark of Seiko Epson

Corporation.

PrivateLine is a registered trademark and Epson Connection is a service mark of Epson America, Inc.

Android TV is a trademark of Google LLC.

Windows is a registered trademark of Microsoft Corporation in the United States and/or other countries.

Mac is a trademark of Apple Inc., registered in the U.S. and other countries.

General Notice: Other product names used herein are for identification purposes only and may be trademarks of

their respective owners. Epson disclaims any and all rights in those marks.

This information is subject to change without notice.

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CPD-57563R1