PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOU.
This Retail Purchaser End User Agreement ("Agreement") governs your retail purchase and use of Dell branded computer systems and/or related products and/or services and support sold in respective country("Product"). BY PURCHASING AND USING THE PRODUCT, YOU ("CUSTOMER") AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT USE THE PRODUCT, AND YOU MAY RETURN THE PRODUCT TO YOUR PLACE OF PURCHASE (subject to its return policy).
1. OTHER DOCUMENTS
This Agreement may not be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both the Customer and Dell.
2.1 Unless specified otherwise, Dell warrants to the Customer that Dell branded Products (excluding third party products and software), will be free from defects in materials and workmanship affecting normal use for a period of one year from the date of purchase ("Standard Warranty").
2.2 This Standard Warranty does not cover damage, fault, failure or malfunction due to external causes, including accident, abuse, misuse, problems with electrical power, servicing not authorized by Dell, usage and/or storage and/or installation not in accordance with Product instructions, failure to perform required preventive maintenance, normal wear and tear, act of God, fire, flood, war, act of violence or any similar occurrence; any attempt by any person other than Dell personnel or any person authorized by Dell, to adjust, repair or support the Products and problems caused by use of parts and components not supplied by Dell. The Standard Warranty does not cover any items that are in one or more of the following categories: software; external devices; accessories or parts added to the Product through Dell's Custom Factory Integration (CFI) program; accessories or parts that are not installed in the Dell factory or added by any person other than Dell personnel or any person authorized by Dell; or third party products purchased under Dell Software and Peripherals Program.
2.3 Return Policies; Exchanges. Returns and exchanges are governed by the policies of the retailer where you purchased the Dell branded Product.
2.4 Dell does not give any warranty that the Products are fit for any particular purpose and this Standard Warranty is given in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, trade usage, course of dealing or otherwise including warranties or conditions of merchantability, fitness for purpose, satisfactory quality and/or compliance with description, all of which are hereby excluded to the fullest extent permitted by law.
3. SERVICE AND TECHNICAL SUPPORT
Dell will provide general service and technical support to Customer in accordance with the then-current service and technical support policies in effect as set out at http://www1.ap.dell.com/content/topics/topic.aspx/ap/policy/en/services Service and support offerings may vary from product to product. Dell has no obligation to provide service or support until Dell has received full payment for the service/support contract purchased by Customer.
4.1 Dell's total liability herein in respect of each event or series of connected events shall not exceed the purchase price paid by the Customer for the Products.
4.2 The Customer shall indemnify Dell and keep Dell fully and effectively indemnified against any loss of or damage to any property or injury to or death of any persons caused by any negligent act or omission or willful misconduct of the Customer, its employees, agents or sub-contractors.
4.3 Dell and Customer agree that Dell will not be liable for Products not being available for use, or for data or software which is lost, corrupted, deleted or altered. Dell shall not be liable to the Customer for any incidental, indirect, special or consequential damages arising out of or in connection with the purchase, use or performance of Products or services, even if Dell has been advised of their possibility.
4.4 Any service response times stated by Dell in the service contracts are approximate only and Dell shall not be liable for any direct or indirect loss or damage arising from its failure to meet such response times, howsoever occasioned.
4.5 Any typographical, clerical or other error or omission in sales literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by Dell shall be subject to correction without any liability on the part of Dell.
5. FORCE MAJEURE
Neither party shall be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of the party so delaying, and such party shall be entitled to a reasonable extension of time for the performance of such obligations.
6. EXPORT RESTRICTIONS
The Customer acknowledges that the Products purchased or licensed, which may include technology and software, are not only subject to the export control laws and regulations of the United States ("U.S.") but may also be subject to the export control laws and regulations of the country in which the Products are purchased. The Customer agrees to abide by all applicable export control laws and regulations. Under such laws and regulations, the Products purchased may not be sold, leased or otherwise transferred to restricted end-users or to restricted countries. In addition, the Products may not be sold, leased or otherwise transferred to, or utilized by, an end-user engaged in activities related to weapons of mass destruction, including but not necessarily limited to, activities related to the design, development, production or use of nuclear materials, nuclear facilities, or nuclear weapons, missiles or support of missile projects, or chemical or biological weapons. The Customer understands that applicable requirements or restrictions may vary depending on the Products delivered and may change over time and that, to determine the precise controls applicable to the Products acquired, it may be necessary to refer to relevant laws and regulations.
7. GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the laws of the land and shall be subject to the non-exclusive jurisdiction of the courts of respective country.
8.1 If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
8.2 Save as expressly provided herein, these Terms and Conditions shall not be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party.