User Manual

Rev.0413
PN: 46.AD159.003
6
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
th
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
of the following provision is not applicable to Quebec consumers] THIS AGREEMENT AND
ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF
TEXAS, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
12. Privacy Notice. You can review Acer’s Privacy Policy on our web site, located at
http://www.acerpanam.com. Acer will maintain and use your customer information in accordance
with its Privacy Policy.
13. For Residents of Canada: This Agreement is subject to the applicable provisions of
Canadian consumer protection laws that cannot be derogated from by private agreement or
which may prohibit the application of any provision or stipulation herein. To the extent that any
stipulation or provision is so prohibited it: i) shall be construed as if it had been omitted from this
Agreement; (ii) will not affect the legality, validity or enforceability of that provision in any other
jurisdiction; and (iii) the remaining terms and provisions of this Agreement shall remain in full
force and effect. Without limiting the generality of the foregoing and notwithstanding anything to
the contrary contained herein, for residents of Quebec, British Columbia and Ontario the waiver
set out in Section 9 of this warranty does not apply and You retain the right to litigate disputes