Warranty

Rev 0914

PN: 46.AD148.008

If You prevail in the arbitration of any Dispute with Acer, Acer will reimburse You for any fees You

paid to AAA in connection with the arbitration. ANY DECISION RENDERED IN SUCH

ARBITRATION PROCEEDINGS WILL BE FINAL AND BINDING ON THE PARTIES, AND

JUDGMENT MAY BE ENTERED THEREON IN ANY COURT OF COMPETENT

JURISDICTION.

YOU UNDERSTAND THAT, IN THE ABSENCE OF THIS PROVISION, YOU WOULD HAVE

HAD A RIGHT TO LITIGATE DISPUTES THROUGH A COURT, INCLUDING THE RIGHT, IF

ANY, AND SUBJECT TO THE RULES OF YOUR JURISDICTION, TO LITIGATE CLAIMS ON

A CLASS-WIDE OR CLASS-ACTION BASIS, AND THAT YOU HAVE EXPRESSLY AND

KNOWINGLY WAIVED THOSE RIGHTS AND AGREED TO RESOLVE ANY DISPUTES IN

ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. If this specific provision is found

to be unenforceable, then the entirety of this arbitration provision shall be null and void.

This provision shall be governed by the Federal Arbitration Act, 9 U.S.C. Section 1, et seq. For

the purposes of this Agreement, the term “Dispute” means any dispute, controversy, or claim

arising out of or relating to (i) this Agreement, its interpretation, or the breach, termination,

applicability or validity thereof; (ii) the related order for, purchase, delivery, receipt or use of any

product or service from Acer; or (iii) any other dispute arising out of or relating to the relationship

between You and Acer, its parents, subsidiaries, affiliates, directors, officers, employees,

beneficiaries, agents, assigns, component suppliers (both hardware and software), and/ or any

third party who provides products or services purchased from or distributed by Acer. The term

“You” means the original purchaser and those in privity with the original purchaser, such as family

members or beneficiaries.

Further information may be obtained from the AAA on line at www.adr.org, by calling 800-778-

7879, or writing to American Arbitration Association, 1633 Broadway, 10

Floor, New York, NY,

10019.

10. Out of Warranty Repairs. Any services provided to You by Acer that are not within the scope

of the Product Limited Warranty or that are not covered by an extended service plan are

governed by this Agreement and are otherwise subject to the terms of the Acer out-of-warranty

service procedures and any applicable service order. For a period of ninety (90) days after

services are performed, Acer warrants that services provided by it were performed in a

professional and workmanlike manner. If your problem recurs within the 90-day service warranty

period, Acer will, at its option, (i) re-perform the services, (ii) replace the Product pursuant to the

terms of this Agreement, (iii) permit You to return the Product and issue a refund pursuant to the

terms of this Agreement, (iv) refund the amount You paid for the services. If You purchased an

extended service plan from Acer or from a third party, please refer to the extended service plan

for its coverage, duration and terms of service.

11. General. Acer and its subsidiaries and affiliates are intended beneficiaries of this Agreement.

Any inconsistency between this Agreement and any other agreement included with or relating to

products or services purchased from Acer, other than an extended service plan, shall be

governed by this Agreement. This Agreement may not be modified, altered or amended without

the written agreement of Acer which specifically states that the writing is intended to modify, alter

or amend this Agreement. Any additional or altered terms shall be null and void, unless expressly

agreed to in writing by Acer. If any term of this Agreement is illegal or unenforceable, the legality

and enforceability of the remaining provisions shall not be affected or impaired. [The exclusivity