User's Manual Part 1

NE for Enterprise PSW.indd 10-11
10/16/2015 9:05:01 AM
Purchaser should keep a separate backup copy of any
contents of the Product before delivering the Product to
SAMSUNG for warranty service, as some or all of the
contents may be deleted or reformatted during the course
of warranty service.
What are the limits on SAMSUNG’s liability?
THIS LIMITED WARRANTY SETS OUT THE FULL
EXTENT OF SAMSUNG’S RESPONSIBILITIES,
AND THE EXCLUSIVE REMEDY REGARDING THE
PRODUCTS. ALL IMPLIED WARRANTIES, INCLUDING
WITHOUT LIMITATION, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, ARE LIMITED TO THE DURATION OF THIS
LIMITED WARRANTY.
IN NO EVENT SHALL SAMSUNG BE LIABLE FOR
DAMAGES IN EXCESS OF THE PURCHASE PRICE
OF THE PRODUCT OR FOR, WITHOUT LIMITATION,
COMMERCIAL LOSS OF ANY SORT; LOSS OF
USE, TIME, DATA, REPUTATION, OPPORTUNITY,
GOODWILL, PROFITS OR SAVINGS; INCONVENIENCE;
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES; OR DAMAGES ARISING FROM THE USE
OR INABILITY TO USE THE PRODUCT. SOME STATES
AND JURISDICTIONS DO NOT ALLOW LIMITATIONS
ON HOW LONG AN IMPLIED WARRANTY LASTS, OR
10
THE DISCLAIMER OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO
YOU.
SAMSUNG MAKES NO WARRANTIES OR
REPRESENTATIONS, EXPRESS OR IMPLIED,
STATUTORY OR OTHERWISE, AS TO THE QUALITY,
CAPABILITIES, OPERATIONS, PERFORMANCE OR
SUITABILITY OF ANY THIRD-PARTY SOFTWARE OR
EQUIPMENT USED IN CONJUNCTION WITH THE
PRODUCT, OR THE ABILITY TO INTEGRATE ANY SUCH
SOFTWARE OR EQUIPMENT WITH THE PRODUCT,
WHETHER SUCH THIRD-PARTY SOFTWARE OR
EQUIPMENT IS INCLUDED WITH THE PRODUCT
DISTRIBUTED BY SAMSUNG OR OTHERWISE.
RESPONSIBILITY FOR THE QUALITY, CAPABILITIES,
OPERATIONS, PERFORMANCE AND SUITABILITY OF
ANY SUCH THIRD-PARTY SOFTWARE OR EQUIPMENT
RESTS SOLELY WITH THE PURCHASER AND THE
DIRECT VENDOR, OWNER OR SUPPLIER OF SUCH
THIRD-PARTY SOFTWARE OR EQUIPMENT.
Nothing in the Product instructions or information shall
be construed to create an express warranty of any kind
with respect to the Products. No agent, employee, dealer,
representative or reseller is authorized to modify or extend
this Limited Warranty or to make binding representations
or claims, whether in advertising, presentations or
otherwise, on behalf of SAMSUNG regarding the Products
or this Limited Warranty.
This Limited Warranty gives you specific legal rights, and
you may also have other rights that vary from state to
state.
What is the procedure for resolving disputes?
ALL DISPUTES WITH SAMSUNG ARISING IN ANY
WAY FROM THIS LIMITED WARRANTY OR THE SALE,
CONDITION OR PERFORMANCE OF THE PRODUCTS
SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL
AND BINDING ARBITRATION, AND NOT BY A COURT
OR JURY. Any such dispute shall not be combined
or consolidated with a dispute involving any other
person’s or entity’s Product or claim, and specifically,
without limitation of the foregoing, shall not under any
circumstances proceed as part of a class action.
The arbitration shall be conducted before a single
arbitrator, whose award may not exceed, in form or
amount, the relief allowed by the applicable law. The
arbitration shall be conducted according to the American
Arbitration Association (AAA) Commercial Arbitration
Rules applicable to consumer disputes. This arbitration
provision is entered pursuant to the Federal Arbitration
Act. The laws of the State of Texas, without reference to its
choice of laws principles, shall govern the interpretation
of the Limited Warranty and all disputes that are subject
to this arbitration provision. The arbitrator shall decide all
issues of interpretation and application of this arbitration
provision and the Limited Warranty.
For any arbitration in which your total damage claims,
exclusive of attorney fees and expert witness fees, are
$5,000.00 or less (“Small Claim”), the arbitrator may, if
you prevail, award your reasonable attorney fees, expert
witness fees and costs as part of any award, but may not
grant SAMSUNG its attorney fees, expert witness fees or
costs unless it is determined that the claim was brought
in bad faith. In a Small Claim case, you shall be required
to pay no more than half of the total administrative, facility
and arbitrator fees, or $50.00 of such fees, whichever is
less, and SAMSUNG shall pay the remainder of such fees.
Administrative, facility and arbitrator fees for arbitrations
in which your total damage claims, exclusive of attorney
fees and expert witness fees, exceed $5,000.00 (“Large
Claim”) shall be determined according to AAA rules.
In a Large Claim case, the arbitrator may grant to
the prevailing party, or apportion among the parties,
reasonable attorney fees, expert witness fees and costs.
Judgment may be entered on the arbitrator’s award in any
court of competent jurisdiction.
Section 2: Product Warranty 11