Reference Guide

Internal Use - Confidential
7. Warranty Disclaimer. DELL INCORPORATES ITS CONSUMER WARRANTIES REFERENCED
ABOVE WHICH APPLY TO PURCHASES OF DELL-BRANDED HARDWARE. DELL MAKES
NO WARRANTIES FOR SERVICE, SOFTWARE, MAINTENANCE OR SUPPORT OR FOR
NON-DELL BRANDED PRODUCT, WHICH ARE PROVIDED "AS IS," AND DISCLAIMS ALL
OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR
OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY,
MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, AND
WARRANTIES AND CONDITIONS AGAINST HIDDEN OR LATENT DEFECTS. SOME STATES
DO NOT ALLOW LIMITATION OF WARRANTIES, SO THESE LIMITATIONS MAY NOT APPLY
TO YOU.
8. Receiving Warranty or Service Support. IT IS YOUR RESPONSIBILITY TO BACK UP ALL
EXISTING DATA, SOFTWARE AND PROGRAMS BEFORE RECEIVING SERVICES OR
SUPPORT (INCLUDING TELEPHONE SUPPORT). DELL AND/OR YOUR THIRD-PARTY
SERVICE PROVIDER WILL HAVE NO LIABILITY FOR LOSS OR RECOVERY OF DATA OR
PROGRAMS, OR FOR LOSS OF USE OF SYSTEM(S) ARISING OUT OF THE SERVICES OR
SUPPORT OR ANY ACT OR OMISSION, INCLUDING NEGLIGENCE, BY DELL OR YOUR-
THIRD-PARTY SERVICE PROVIDER. Parts used in repairing or servicing Product(s) may be
new, equivalent-to-new, or reconditioned.
9. Telephone Communications. Telephone communications with us, our agents or independent
contractors may be monitored and/or recorded. You expressly consent, on behalf of yourself and
other users of your phone number, to such monitoring or recording. By providing us with a phone
number (including mobile) as your contact number, you expressly authorize us to contact you on
that number via text message or telephone, including via prerecorded or auto-dialed calls. This
consent is for non-telemarketing calls only.
10. Limitation of Liability. In no event will Dell be liable for any indirect, consequential, exemplary,
incidental or punitive damages, including lost profits, even if Dell has been advised of the
possibility of such damages. YOU AGREE THAT DELL’S LIABILITY IN ANY DISPUTE WILL BE
CAPPED AT THE TOTAL AMOUNT YOU PAID FOR THE ORDER OR PRODUCT AT ISSUE.
Some states do not allow limitation of certain damages, so these limitations may not apply to you.
If you are a New Jersey resident, this provision will not apply to claims for damages caused by
Dell’s intentional, reckless or grossly negligent conduct.
11. Purchases may not be resold or exported. Your purchase is for your own use, not for resale,
export, re-export or transfer. Your purchase is subject to and you are responsible for compliance
with the export control and economic sanctions laws of the United States and other applicable
jurisdictions (“Export Laws”). Your purchase may not be sold, leased, or transferred to restricted
countries, restricted end users, or for restricted end uses according to the Export Laws.
12. Governing Law. THESE TERMS AND ANY DISPUTE BETWEEN YOU AND DELL WILL BE
GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO CONFLICTS
OF LAW.
13. Dispute Resolution and Binding Arbitration. YOU AND DELL AGREE TO RESOLVE ANY
DISPUTES BETWEEN US EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ON AN
INDIVIDUAL BASIS, WHICH MEANS YOU AND DELL WAIVE ANY RIGHT TO LITIGATE
DISPUTES IN A COURT OR BEFORE A JURY, OR AS PART OF A CLASS ACTION, A
REPRESENTATIVE ACTION, A CONSOLIDATED ACTION OR IN A PRIVATE ATTORNEY
GENERAL CAPACITY.
a. This arbitration requirement applies to any claim or dispute of any kind (whether in
contract, tort, or otherwise, whether pre-existing, present, or future, and including
statutory, common law, or equitable) between you and Dell, its agents, employees,
successors, assigns, direct and indirect subsidiaries, and any third party providing any
products or services to you in connection with your purchase ("Dell") that relates in any
way to your purchase or Product, these Terms, or Dell's marketing or advertising
(“Claims”).
b. You still have the right to bring individual Claims in small claims court, to the extent that
you qualify.
c. Dell will pay the arbitration/arbitrator fees.