Lenovo Adp Sa En Us Pre User Manual (English) Services Agreement – Purchased December 1, 2012 M90p Desktop (Think Centre) Type 3421

2012-06-25

User Manual: Lenovo Adp Sa En Us Pre (English) ADP Services Agreement – US Purchased Pre December 1, 2012 M90p Desktop (ThinkCentre) - Type 3421 3421

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ThinkPad Protection - US
L505-0072-00 Lenovo Damage Protection Services Agreement - US Consumer

Service Contract – Lenovo Accidental Damage Protection Services

For ThinkPad Notebooks, Tablets and Mobile Workstations

L505-0072-00 Lenovo Accidental Damage Protection Services Agreement - US.doc Page 1 of 5

Service Contract Terms and Conditions

Carefully read this entire document. It describes the terms under which Lenovo will provide accidental

damage protection services ("Service") to You. Lenovo will provide this Service only in the United States and

only if You accept the terms of this Agreement (“Agreement”). You accept these terms by using the Service

(e.g., filing a repair claim). In addition, if You take no action within 30 days of receiving this package, You

are deemed to have accepted these terms. See Section IX. A. for information on cancelling this Agreement.

If You do not accept these terms, do not use the Service. Instead, promptly notify Lenovo for a complete

refund. To request a refund, You should, within thirty (30) days of receiving this package, call Lenovo at 1-

866-428-4465 and request a refund or return this Agreement and Your Invoice together with a written

request for a refund of the fees You paid to:

Lenovo

Customer Relationship Management

1009 Think Place Morrisville, NC 27560

Attn: Lenovo Accidental Damage Protection Services Administrator

I. DEFINITIONS AND INTRODUCTION

“You” and “Your” shall refer to the purchaser.

“We”, “Us” and “Our” shall refer to the “Obligor”/ “Provider” of

this Agreement.

This Service is not available for consumer purchase in

California and Florida.

This is an Agreement between You and the “Obligor”/”Provider”

of this Agreement, Lenovo (United States) Inc. (“Lenovo”).

Lenovo is the “Administrator” of this Agreement.

The “Service” is Lenovo accidental damage protection, as

described in this Agreement.

THE TERM AND SCOPE OF THIS AGREEMENT MAY

OVERLAP THE MANUFACTURER’S WARRANTY AND

ANY OTHER APPLICABLE EXTENDED WARRANTY;

THIS AGREEMENT DOES NOT REPLACE THE

MANUFACTURER’S WARRANTY OR OTHER

APPLICABLE EXTENDED WARRANTY, BUT DOES

PROVIDE CERTAIN ADDITIONAL BENEFITS DURING

THE TERM OF THE MANUFACTURER'S WARRANTY

AND OTHER APPLICABLE EXTENDED WARRANTY.

LENOVO ACCIDENTAL DAMAGE PROTECTION IS

NOT INSURANCE OR A SUBSTITUTE FOR INSURANCE.

The purchase of the Service is not required to obtain financing or

purchase any product.

II. WHAT THIS AGREEMENT COVERS

A. Product: the covered notebook computer identified on

Your Service invoice (Invoice).

B. Covered Product Features: This Agreement covers

Product components installed in your Lenovo notebook at the

time of purchase, including the internal central processing unit,

integrated hard disk drive, integrated optical drive, integrated

keyboard, integrated pointing devices, integrated LCD screen,

optional features installed by Lenovo at the time of Product

purchase, and other componentry that Lenovo includes as a

standard feature with the Product. THIS AGREEMENT DOES

NOT COVER: external peripherals and accessories including,

optional features not installed by Lenovo at the time of Product

purchase, external keyboards, mice, printers, scanners, external

drives, software (preloaded or purchased separately), tape, disks,

CDs, DVDs, film or other media, third-party products (those not

bearing the Lenovo logo), even if sold by Lenovo.

C. Coverage Period: The coverage period shall begin

on the warranty start date of the covered product and will expire at

the end of the term specified in Your Invoice. Notwithstanding

the above, the coverage period will end prior to the expiration date

of this Agreement if we have, as a result of service provided to

You, replaced Your product.

D. Scope of Service: Pursuant to this Agreement, We

will repair or, if in our sole discretion if we decide it is necessary,

replace the Product if it experiences operational or structural

failures resulting under normal operating conditions and handling

due to liquid spills on the keyboard, unintentional drops and

bumps of the Product, an electrical surge that damages the

Product’s circuitry, or the failure of the integrated LCD screen.

Service is available only in the United States.

E. Additional Optional Coverage. The terms and

conditions of the manufacturer’s warranty and any applicable

extended warranty related to the Product are provided to You in a

separate agreement and, unless expressly provided in your state’s

disclosure section below, are not part of this Agreement.

III. WHAT THIS AGREEMENT DOES NOT COVER:

A. PARTS INTENDED TO BE REPLACED OR

CONSUMED (E.G., BATTERIES, ) OR COSMETIC

DAMAGE;

B. DAMAGE OR ALTERATION FROM

INTENTIONAL MISUSE, MODIFICATION, AN

UNSUITABLE PHYSICAL OR OPERATING

ENVIRONMENT, IMPROPER MAINTENANCE BY

ANYONE OTHER THAN LENOVO AUTHORIZED

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SERVICE PROVIDERS, REMOVAL OF ORIGINAL PARTS

OR ALTERATION OF A PRODUCT OR IDENTIFICATION

LABELS, OR DAMAGE CAUSED BY A PRODUCT NOT

COVERED UNDER THIS AGREEMENT;

C. THEFT, LOSS OR DAMAGE FROM FIRE,

FLOOD, OR FORCE MAJEURE;

D. CONSEQUENTIAL OR INCIDENTAL

DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS

OF USE AND LOSS OF OPPORTUNITY, EVEN IF WE ARE

INFORMED OF THEIR POSSIBILITY;

IV. WHAT TO DO WHEN YOUR PRODUCT REQUIRES

SERVICE

To obtain Service, You must follow the problem

determination and resolution procedures detailed in

the service and troubleshooting guide that was

provided with Your Product. If You are unable to

resolve a problem by following the troubleshooting

instructions provided with the Product, please call

1-800-426-7378 to speak with one of our

technicians. Telephone support is available 24 hours

per day, 7 days per week (may exclude some

holidays); response time will vary and You may

experience delays during peak periods. You will be

asked to provide information and assistance over the

telephone to help the technician identify a solution to

Your problem. If Your problem cannot be resolved

over the telephone, Lenovo will provide Service as

specified below.

You may be asked to present Your Invoice to confirm Your

entitlement to Service. If Your Product does not function

properly under normal use during the term specified in Your

Invoice because it has experienced the failures as described in

Section D, Lenovo will repair the Product to be free from defects

in material and workmanship, or in our sole discretion, replace it

with a Product that is at least functionally equivalent. Any

replacement part provided under this Agreement is treated as

identical to the part replaced for purposes of this Agreement and

any other warranty or service offering to which the original part or

Product was subject.

Repairs for accidental damage protection coverage will be

performed in the following manner: If the Product requires

Service, a technician will make an initial diagnosis of Your

problem and will attempt to help You resolve it through the

telephone. In most situations, this will be the fastest way to

respond to problems with Your Product. If Your problem can be

resolved with a Customer Replaceable Unit (“CRU”) (e.g.,

memory, certain disk drives, certain CD-ROMs, and other easily

replaced parts that You are capable of replacing), Lenovo will ship

these parts to You for Your replacement. You are responsible for

packing the replaced CRU in the shipping container that contained

the replacement part, affixing the shipping label to the package,

and scheduling pick-up with the authorized courier listed on the

shipping label for return to Lenovo within thirty (30) days or you

will be charged for the replacement.

If Lenovo repairs Your Product, You understand and agree that

Lenovo may replace original parts with parts from the original

manufacturer, or a different one. Replacement parts or Product

may not be new, but will be in good working order and at least

functionally equivalent to the item replaced. When a Product or

its parts are replaced, each replaced item becomes Our property

and the replacement becomes Yours. We will provide You with a

shipping container for You to return the Product to a designated

service center where We will perform repairs before returning the

Product to You. If the required parts are available at the repair

center, We will attempt to repair and return the Product to You

within three (3) business days from the day We receive the Product

at the service center. Your signature will be required upon

delivery when we return Your Product.

In addition to Your other responsibilities under this Agreement,

You agree to the following when obtaining accidental damage

protection Service: (a) follow the packing and shipping

instructions included with the shipping container; and (b) return

the Product through the shipper We designate within twenty-one

(21) calendar days of the day You receive the shipping carton. We

are not responsible for damage, or risk of loss due to improper

packing or use of a shipper that We do not designate.

V. YOUR ADDITIONAL REQUIREMENTS AND

RESPONSIBILITIES

You acknowledge and agree that Our provision of Service is

contingent upon Your full satisfaction of the obligations specified

in this Agreement.

WE RESERVE THE RIGHT TO REFUSE SERVICE IF YOU

FAIL TO PERFORM ANY OF YOUR OBLIGATIONS, AND

WE, OUR EMPLOYEES, AGENTS AND CONTRACTORS

SHALL NOT BE LIABLE FOR ANY DELAY OR DAMAGES

INCURRED BY YOU IF YOU FAIL TO PERFORM ANY OF

YOUR OBLIGATIONS. FAILURE TO FOLLOW THE

PROCEDURES SET OUT IN THIS AGREEMENT MAY

RESULT IN SERVICE DELAYS, OR IMPACT YOUR ABILITY

TO RECEIVE SERVICE, OR RESULT IN ADDITIONAL

CHARGES TO YOU. IN SUCH INSTANCES WHERE

SERVICE IS REFUSED DUE TO YOUR FAILURE TO MEET

YOUR OBLIGATIONS, SERVICE WILL BE INSTITUTED

WHEN YOU HAVE COMPLIED WITH YOUR OBLIGATIONS

UNDER THIS AGREEMENT.

In addition to Your other responsibilities described elsewhere in

this Agreement:

A. Before We replace a Product or part, You agree to

remove all features, options, alterations, and attachments not

originally included with the Product or part (such as upgrade

cards);

B. If technically possible, you will remove or secure all

proprietary, confidential or personal data before presenting the

Product to Us for repair or replacement and back up valuable

information and data in a format external to the Product to enable

You to reconstruct lost or altered data or programs if necessary;

C. You will use and store the Product under the physical

and operating conditions specified by the manufacturer;

D. You will perform all routine and preventative

maintenance recommended by the manufacturer;

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E. You will ensure that all replaced items are free of any

legal obligations or restrictions that prevent their exchange;

F. You will disable any passwords or other security

measures that may inhibit diagnostics or repairs on Your Product;

G. You will follow Our instructions for requesting Service,

assisting with problem diagnosis, analysis and resolution; and

H. You will ensure that each returned part is one that

originally came installed with Your Product, or was subsequently

installed by an authorized service provider, (or was provided to

You as a CRU to replace such a part).

VI. LIMITED SERVICES WARRANTY; DISCLAIMER OF

WARRANTIES

We warrant only that the Services will be performed in a

professional and workmanlike manner. NO OTHER EXPRESS

WARRANTIES ARE PROVIDED TO YOU. ANY IMPLIED

WARRANTIES ARE LIMITED TO THE TERM OF THIS

SERVICE AGREEMENT. NO INFORMATION OR ADVICE

(WRITTEN OR ORAL) PROVIDED TO YOU BY US OR OUR

CONTRACTORS, WILL CREATE A WARRANTY BY US OR

INCREASE THE SCOPE OF THIS SERVICE AGREEMENT.

THIS SERVICE AGREEMENT GIVES YOU SPECIFIC LEGAL

RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS

THAT VARY FROM STATE TO STATE. SOME STATES DO

NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED

WARRANTY LASTS, SO THE ABOVE LIMITATION MAY

NOT APPLY TO YOU.

VII. LIMITATION OF LIABILITIES

OUR LIMIT OF LIABILITY FOR ANY CLAIM UNDER THIS

AGREEMENT IS THE COST TO REPAIR OR REPLACE

YOUR COVERED PRODUCT IN ACCORDANCE WITH THE

TERMS OF THIS AGREEMENT, NOT TO EXCEED THE

PURCHASE PRICE ACTUALLY PAID FOR THE PRODUCT

AND THE AGREEMENT

PLEASE NOTE, UNDER NO CIRCUMSTANCES ARE WE

JOINTLY OR SEVERALLY LIABLE FOR ANY OF THE

FOLLOWING: (1) THIRD-PARTY CLAIMS AGAINST YOU

FOR LOSSES OR DAMAGES; (2) LOSS OF, OR DAMAGE

TO, YOUR RECORDS, FILES OR DATA; OR (3) SPECIAL,

INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES

(INCLUDING LOST REVENUE, PROFITS OR SAVINGS),

EVEN IF WE ARE INFORMED OF THEIR POSSIBILITY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION

OR LIMITATION OF SUCH DAMAGES, SO THE ABOVE

EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.

VIII. ARBITRATION

READ THE FOLLOWING ARBITRATION PROVISION

("PROVISION") CAREFULLY. IT LIMITS CERTAIN OF

YOUR RIGHTS, INCLUDING YOUR RIGHT TO OBTAIN

RELIEF OR DAMAGES THROUGH COURT ACTION.

As used in this Provision, "You" and "Your" mean the person or

persons named in this Agreement, and all of his/her heirs,

survivors, assigns and representatives. And, “We” and “Us” shall

mean the Obligor identified above and shall be deemed to include

all of its agents, affiliates, successors and assigns, and any retailer

or distributor of its Products, and all of the dealers, licensees, and

employees of any of the foregoing entities.

Any and all Claims, disputes, or controversies of any nature

whatsoever (whether in contract, tort or otherwise, including

statutory, common law, fraud (whether by misrepresentation or by

omission) or other intentional tort, property, or equitable Claims)

arising out of, relating to, or in connection with (1) this Agreement

or any prior Agreement, and the purchase thereof; and (2) the

validity, scope, interpretation, or enforceability of this Provision or

of the entire Agreement (“Claim”), shall be resolved by binding

arbitration before a single arbitrator. All arbitrations shall be

administered by the American Arbitration Association (“AAA”) in

accordance with its Expedited Procedures of the Commercial

Arbitration Rules of the AAA in effect at the time the Claim is

filed. The terms of this Provision shall control any inconsistency

between the AAA's Rules and this Provision. You may obtain a

copy of the AAA's Rules by calling (800) 778-7879. Upon written

request We will advance to You either all or part of the fees of the

AAA and of the arbitrator. The arbitrator will decide whether You

or We will be responsible for these fees. The arbitrator shall apply

relevant substantive law and applicable statute of limitations and

shall provide written, reasoned findings of fact and conclusions of

law. This Provision is part of a transaction involving interstate

commerce and shall be governed by the Federal Arbitration Act, 9

U.S.C. § 1 et seq. If any portion of this Arbitration Provision

is deemed invalid or unenforceable, it shall not invalidate the

remaining portions of the Arbitration Provision.

This Arbitration Provision shall inure to the benefit of and be

binding on You and Us and its Provision shall continue in full

force and effect subsequent to and notwithstanding the expiration

of termination of this Agreement.

You agree that any arbitration proceeding will only consider Your

Claims. Claims by, or on behalf of, other individuals will not be

arbitrated in any proceeding that is considering Your Claims.

You and We understand and agree that because of this Arbitration

Provision neither You nor We will have the right to go to court

except as provided above or to have a jury trial or to participate as

any member of a class of claimants pertaining to any Claim.

This arbitration provision does not prohibit a California

resident from following the process to resolve complaints as

outlined by the California Bureau of Electronic and Appliance

Repair (BEAR). To learn more about this process, You may

contact BEAR at 1-800-952-5210, or You may write to

Department of Consumer Affairs, 3485 Orange Grove Avenue,

North Highland, California 95660, or You may visit their

website at www.bear.ca.gov.

IX. GENERAL TERMS

A. Cancellation:

1. You may cancel this Agreement at any time for any

reason by sending a written notice to: Lenovo Accidental Damage

Protection Administrator Center at the address provided at the top

of this Agreement.

2. If You cancel within thirty (30) calendar days of the

date on Your Invoice, You will receive a full refund less the actual

costs incurred in providing Service to You during this period. If

You cancel more than thirty (30) calendar days after the date on

Your Invoice, You will receive a pro rata refund based on the time

expired less a cancellation fee of twenty five dollars ($25) or ten

percent (10%) of the pro rata amount (whichever is less) and less

the actual costs incurred in providing any Service to You.

3. We may cancel this Agreement for fraud, material

misrepresentation, or non-payment by You; or if required to do so

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by any regulatory authority. Notice of such cancellation will be in

writing at least thirty (30) calendar days prior to cancellation. If

We cancel due to a requirement of a regulatory authority, Your

refund will be based upon 100% of the unearned pro rata

premium.

A. Transfer: You may transfer this Agreement to another

party only when ownership of the covered product is transferred to

the other party and you have obtained Our prior written consent.

Mail all such requests to the Lenovo Accidental Damage

Protection Administrator Center at the address provided at the top

of this Agreement. Your written request must include a copy of

this Agreement, Your Invoice(s) noting the part number and serial

number of the covered Product(s) and your entitlement to Service,

the effective date of transfer, and the transferee’s name, address

and phone number. The coverage provided under this Agreement

may not be transferred to any product other than the covered

Product(s).

B. This Agreement is the complete and exclusive

statement of the terms and conditions regarding Our performance,

and replaces any prior oral or written communications on that

subject.

C. Neither You nor We will bring a claim under this

Agreement more than two (2) years after the expiration of this

Agreement unless otherwise provided by local law without the

possibility of contractual waiver or limitation.

D. You are not responsible for failure to fulfill any

obligation due to causes beyond Your control. Similarly, We are

not responsible for failure to fulfill any obligation due to causes

beyond Our control.

E. In the event that any provision of this Agreement is

held to be invalid or unenforceable, the remaining provisions of

this Agreement remain in full force and effect.

X. INDIVIDUAL STATE DISCLOSURES

IN ALABAMA: Prior notice is not required if the reason for

cancellation is nonpayment of the Provider fee or a material

misrepresentation by You relating to the covered property or its

use, or a substantial breach of Your duties relating to the covered

Product or its use. The obligations of the Provider under this

Agreement are backed by the full faith and credit of Lenovo.

IN COLORADO: Action under this Agreement may be covered

by the provisions of the “Colorado Consumer Protection Act” or

the Unfair Practices Act”, articles 1 and 2 of title 6, C.R. S. A

party to this Agreement may have a right of civil action under

these laws, including obtaining the recourse or penalties specified

in such laws.

IN CONNECTICUT: Your Agreement term is automatically

extended by the length of time in which the covered Product is in

Our custody for repair. If You have a dispute with Us, You may

contact the State of Connecticut, Insurance Department, P.O. Box

816, Hartford, CT 06142-0816, Attn: Consumer Affairs. The

written complaint must contain a description of the dispute, the

purchase price of the Product, the cost of repair of the Product,

and a copy of the Agreement. The obligations of the Provider

under this Agreement are backed by the full faith and credit of

Lenovo.

IN GEORGIA: If You purchase Your Agreement in Georgia, You

are entitled to cancel this Agreement at any time. Cancellation

must comply with Section 33-24-44 of the Georgia Code. Any

refund owed in the event of cancellation shall be determined on

the excess of the Agreement purchase price above the customary

short rate for the expired term of the Agreement, and no Claim

paid or incurred shall be deducted from any refund owed. We are

also entitled to cancel this Agreement at any time based upon

fraud, misrepresentation, or failure to pay for the Agreement, and

notice of cancellation by Us will be given at least thirty (30) days

prior to cancellation. Refunds will be issued on a pro rata basis.

Under “What this agreement does not cover”, provision Q is

deleted and replaced with the following: ANY AND ALL PRE-

EXISTING CONDITIONS KNOWN BY YOU THAT OCCUR

PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT.

The section concerning Arbitration is deleted in its entirety. The

obligations of the Provider under this Agreement are backed by

the full faith and credit of Lenovo.

IN HAWAII: Prior notice is not required if the reason for

cancellation is nonpayment of the Provider fee or a material

misrepresentation by You relating to the covered property or its

use, or a substantial breach of Your duties relating to the covered

Product or its use. If You have a question or complaint, You may

contact the Insurance Commissioner, 250 South King Street, 5th

Floor, Honolulu, Hawaii 96813.

IN ILLINOIS: The cancellation fee is equal to the lesser of ten

percent (10%) of the Agreement purchase price or fifty dollars

($50.00). This Agreement does not provide coverage for normal

wear and tear except as specifically provided in the coverage

section above. The obligations of the Provider under this

Agreement are backed by the full faith and credit of Lenovo.IN

INDIANA: The obligations of Lenovo under this Agreement are

backed by the full faith and credit of Lenovo.

IN KENTUCKY: The obligations of the Provider under this

Agreement are backed by the full faith and credit of Lenovo.

IN MARYLAND: The “Purchase Price” shall refer to the

purchase price of the covered Product as shown on Your sales

receipt. We will pay a penalty of 10% of the Agreement purchase

price per month on a refund that is not paid or credited within

forty-five (45) days after return of the Agreement to Us.

IN MISSOURI: The obligations of the Provider under this

Agreement are backed by the full faith and credit of Lenovo.

IN NEVADA: No claim incurred or paid shall be deducted from

the amount of Your cancellation refund. If We are unable to repair

Your Product, replacement of Your covered Product will be

provided for with a store voucher or check equal to the original

purchase price of the covered Product. Refund of the original

Product purchase price will fulfill this Agreement in its entirety

and will cancel and discharge all further obligations under this

Agreement. With respect to each Product covered under this

Agreement, Our liability is limited to the original retail purchase

price You paid for such Product. We may not cancel this

Agreement once it has been in effect for seventy (70) days, except

under the following conditions: failure to pay the Agreement

purchase price; the conviction of You of a crime which results in

an increase in the Service required under the Agreement; fraud or

material misrepresentation by You in purchasing the Agreement or

obtaining Service; the discovery of an act or omission, or a

violation of any condition of the Agreement by You which

substantially and materially increases the Service required under

the Agreement; or a material change in the nature or extent of the

Service required under the Agreement which occurs after the

purchase of the Agreement and substantially and materially

increases the Service required beyond that contemplated at the

time of purchase. If We cancel the Agreement, You will be

refunded the unearned pro rata purchase price of the Agreement.

This Agreement is not renewable. The obligations of the Provider

under this Agreement are backed by the full faith and credit of

Lenovo.

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IN NEW HAMPSHIRE: In the event you do not receive

satisfaction under this Plan, you may contact the New Hampshire

Insurance Department at 21 South Fruit Street, Suite 14, Concord

NH 03301, (800) 852-3416.

IN NEW MEXICO: We may not cancel this Agreement once it

has been in effect for seventy (70) days, except under the

following conditions: (a) failure to pay the Agreement purchase

price; (b) the conviction of You of a crime which results in an

increase in the Service required under the Agreement; (c) fraud or

material misrepresentation by You in purchasing the Agreement or

obtaining Service; (d) or the discovery of an act or omission, or a

violation of any condition of the Agreement by You which

substantially and materially increases the Service required under

the Agreement. If We cancel, You will receive a refund equal to

the unearned pro rata purchase price less the cost of any repairs

made.

IN NEW YORK: The obligations of the Provider under this

Agreement are backed by the full faith and credit of Lenovo. The

terms of the manufacturer’s warranty and any applicable extended

warranty related to the Product are hereby incorproated by

reference into this Agreement and are a part of this Agreement.

Article 79 of the New York Insurance Law applies to the

manufacturer’s warranty and any extended warranty incorporated

by reference into this Agreement. If there is a conflict between the

manufacturer’s warranty or extended warranty incorporated by

reference into this Agreement, this Agreement shall govern. The

date and cost of this Agreement are as set forth in Your Invoice. If

no claim has been made under this Agreement and You cancel this

Agreement during the period specified in Section IX.A.2., this

Agreement shall be void and You shall be entitled to a full refund

of the cost hereof. We shall payYou a penalty of ten percent of the

priceYou paid for Lenovo Accidental Damage Protection per

month for any refund We owe you that is not returned to you

within thirty (30) days of Your return of this Agreement to Us.

IN NORTH CAROLINA: The obligations of the Provider under

this Agreement are backed by the full faith and credit of Lenovo.

IN OKLAHOMA:. The Cancellation provision of Your

Agreement is deleted in its entirety and replaced by the following:

If You cancel the Agreement, You shall receive a refund equal to

ninety percent (90%) of the unearned pro rata purchase price. If

We cancel the Agreement, You shall receive a refund equal to one

hundred percent (100%) of the unearned pro rata purchase price of

the Agreement. No claim incurred or paid shall be deducted from

the amount of Your cancellation refund.

IN SOUTH CAROLINA: Prior notice is not required if the

reason for cancellation is nonpayment of the provider fee or a

material misrepresentation by You relating to the covered property

or its use, or a substantial breach of Your duties relating to the

covered product or its use. If You have a question, a complaint or

Your claim is not handled in a timely manner, You may contact

the South Carolina Department of Insurance, P. O. Box 100105,

Columbia, South Carolina, 29202-3105, Telephone (800) 768-

3467. The obligations of the Provider under this Agreement are

backed by the full faith and credit of Lenovo.

IN TEXAS: Prior notice is not required if the reason for

cancellation is nonpayment of the Provider fee or a material

misrepresentation by You relating to the covered property or it’s

use, or a substantial breach of Your duties relating to the covered

Product or its use. If You have a question or complaint, You may

contact the Texas Department of Licensing and Regulations, P. O.

Box 12157, Austin, Texas 78711, (800) 803-9202 or (512) 463-

6599. The obligations of the Provider under this Agreement are

backed by the full faith and credit of Lenovo.

IN UTAH: Coverage afforded under the Agreement is not

guaranteed by the Property and Casualty Guaranty Association.

We can cancel this Agreement during the first sixty (60) days of an

annual term by mailing to You a notice of cancellation at least

thirty (30) days prior to the effective date of cancellation except

that We can also cancel this Agreement during such time period

for nonpayment of premium by mailing You a notice of

cancellation at least thirty (30) days prior to the effective date of

cancellation. After sixty (60) days have elapsed, We may cancel

this Agreement by mailing a cancellation notice to You at least

thirty (30) days prior to the effective date of cancellation for

cancellations due to any of the following reasons: (a) nonpayment

of premium; (b) material misrepresentation; (c) substantial change

in the risk assumed, unless We should reasonably have foreseen

the change or contemplated the risk when entering into the

Agreement; or (d) substantial breach of contractual duties,

conditions, or warranties.

Arbitration is deleted in its entirety. This Agreement does not have

a deductible. The obligations of the Provider under this

Agreement are backed by the full faith and credit of Lenovo.IN

VERMONT: You may, within 20 calendar days of receipt of the

Agreement, reject and return the Agreement. Upon return of the

Agreement within the applicable time period, if no claim has been

made under the Agreement, We shall refund to You the full

purchase price.

IN WASHINGTON: In the event We cancel the Agreement, We

will mail a written notice to You at Your last known address at

least twenty-one (21) days prior to cancellation which shall state

the effective date of cancellation and the reason for cancellation.

IN WYOMING: The section concerning Arbitration is deleted in

its entirety. It is not applicable to You. Prior notice is not required

if the reason for cancellation is nonpayment of the Provider fee or

a material misrepresentation by You relating to the covered

property or its use, or a substantial breach of Your duties relating

to the covered Product or its use. The obligations of the Provider

under this Agreement are backed by the full faith and credit of

Lenovo.

XI. AGREEMENT ADMINISTRATION

This Agreement is administered by:

Lenovo (United States) Inc.

Customer Relationship Management

1009 Think Place Morrisville, NC 27560

Attn: Lenovo Accidental Damage Protection Services

Administrator

1-866-428-4465

Service Contract – Lenovo Damage Protection Services

For IdeaPad Notebooks

Service Contract Terms and Conditions - Consumer

Carefully read this entire document. It describes the terms under which Lenovo will provide damage

protection services ("Service") to You. Lenovo will provide this Service only in the United States and only if

You accept the terms of this Agreement (“Agreement”). You accept these terms by using the Service (e.g.,

filing a repair claim). In addition, if You take no action within 30 days of receiving this package, You are

deemed to have accepted these terms. See Section IX. A. for information on cancelling this Agreement.

This Service is not available for consumer purchase in Florida.

If You do not accept these terms, do not use the Service. Instead, promptly notify Lenovo for a complete

refund. To request a refund, You should, within thirty (30) days of receiving this package, call Lenovo at 1-

877-453-6686 and request a refund or return this Agreement and Your Invoice together with a written

request for a refund of the fees You paid to:

Lenovo

Customer Relationship Management

1009 Think Place Morrisville, NC 27560

Attn: Lenovo Damage Protection Services Administrator

I. DEFINITIONS AND INTRODUCTION

“You” and “Your” shall refer to the purchaser.

“We”, “Us” and “Our” shall refer to the “Obligor”/ “Provider” of

this Agreement.

This is an Agreement between You and the “Obligor”/”Provider”

of this Agreement, Lenovo (United States) Inc. (“Lenovo”).

Lenovo is the “Administrator” of this Agreement.

The “Service” is Lenovo damage protection, as described in this

Agreement.

THE TERM AND SCOPE OF THIS AGREEMENT MAY

OVERLAP THE MANUFACTURER’S WARRANTY AND

ANY OTHER APPLICABLE EXTENDED WARRANTY;

THIS AGREEMENT DOES NOT REPLACE THE

MANUFACTURER’S WARRANTY OR OTHER

APPLICABLE EXTENDED WARRANTY, BUT DOES

PROVIDE CERTAIN ADDITIONAL BENEFITS DURING

THE TERM OF THE MANUFACTURER'S WARRANTY

AND OTHER APPLICABLE EXTENDED WARRANTY.

LENOVO DAMAGE PROTECTION IS NOT INSURANCE

OR A SUBSTITUTE FOR INSURANCE.

The purchase of the Service is not required to obtain financing or

purchase any product.

II. WHAT THIS AGREEMENT COVERS

A. Product: the covered notebook computer identified on

Your Service invoice (Invoice).

B. Covered Product Features: This Agreement covers

Product components installed in your Lenovo notebook at the time

of purchase, including the internal central processing unit,

integrated hard disk drive, integrated optical drive, integrated

keyboard, integrated pointing devices, integrated LCD screen,

optional features installed by Lenovo at the time of Product

purchase, and other componentry that Lenovo includes as a

standard feature with the Product. THIS AGREEMENT DOES

NOT COVER: external peripherals and accessories including,

optional features not installed by Lenovo at the time of Product

purchase, external keyboards, mice, printers, scanners, external

drives, software (preloaded or purchased separately), tape, disks,

CDs, DVDs, film or other media, third-party products (those not

bearing the Lenovo logo), even if sold by Lenovo.

C. Coverage Period: The coverage period shall begin

on the warranty start date of the covered product and will expire at

the end of the term specified in Your Invoice. Notwithstanding the

above, the coverage period will end prior to the expiration date of

this Agreement if we have, as a result of service provided to You,

replaced Your product.

D. Scope of Service: Pursuant to this Agreement, We

will repair or, if in our sole discretion if we decide it is necessary,

replace the Product if it experiences operational or structural

failures resulting under normal operating conditions and handling

due to liquid spills on the keyboard, unintentional drops and bumps

of the Product, an electrical surge that damages the Product’s

circuitry, or the failure of the integrated LCD screen. Service is

available only in the United States.

E. Additional Optional Coverage. The terms and

conditions of the manufacturer’s warranty and any applicable

extended warranty related to the Product are provided to You in a

separate agreement and, unless expressly provided in your state’s

disclosure section below, are not part of this Agreement.

III. WHAT THIS AGREEMENT DOES NOT COVER:

A. PARTS INTENDED TO BE REPLACED OR

CONSUMED (E.G., BATTERIES, ) OR COSMETIC

DAMAGE;

B. DAMAGE OR ALTERATION FROM

INTENTIONAL MISUSE, MODIFICATION, AN

UNSUITABLE PHYSICAL OR OPERATING

ENVIRONMENT, IMPROPER MAINTENANCE BY

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Service Contract – Lenovo Damage Protection Services

ANYONE OTHER THAN LENOVO AUTHORIZED

SERVICE PROVIDERS, REMOVAL OF ORIGINAL PARTS

OR ALTERATION OF A PRODUCT OR IDENTIFICATION

LABELS, OR DAMAGE CAUSED BY A PRODUCT NOT

COVERED UNDER THIS AGREEMENT;

C. THEFT, LOSS OR DAMAGE FROM FIRE,

FLOOD, OR FORCE MAJEURE;

D. CONSEQUENTIAL OR INCIDENTAL

DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF

USE AND LOSS OF OPPORTUNITY, EVEN IF WE ARE

INFORMED OF THEIR POSSIBILITY;

IV. WHAT TO DO WHEN YOUR PRODUCT REQUIRES

SERVICE

To obtain Service, You must follow the problem

determination and resolution procedures detailed in

the service and troubleshooting guide that was

provided with Your Product. If You are unable to

resolve a problem by following the troubleshooting

instructions provided with the Product, please call

1-877-453-6686 to speak with one of our

technicians. Telephone support is available 24 hours

per day, 7 days per week (may exclude some

holidays); response time will vary and You may

experience delays during peak periods. You will be

asked to provide information and assistance over the

telephone to help the technician identify a solution to

Your problem. If Your problem cannot be resolved

over the telephone, Lenovo will provide Service as

specified below.

You may be asked to present Your Invoice to confirm Your

entitlement to Service. If Your Product does not function properly

under normal use during the term specified in Your Invoice

because it has experienced the failures as described in Section D,

Lenovo will repair the Product or, in our sole discretion, replace it

with a Product that is at least functionally equivalent. Any

replacement part provided under this Agreement is treated as

identical to the part replaced for purposes of this Agreement and

any other warranty or service offering to which the original part or

Product was subject.

Repairs for Lenovo Damage Protection coverage will be

performed in the following manner: If the Product requires

Service, a technician will make an initial diagnosis of Your

problem and will attempt to help You resolve it through the

telephone. In most situations, this will be the fastest way to

respond to problems with Your Product. If Your problem can be

resolved with a Customer Replaceable Unit (“CRU”) (e.g.,

memory, certain disk drives, certain CD-ROMs, and other easily

replaced parts that You are capable of replacing), Lenovo will ship

these parts to You for Your replacement. You are responsible for

packing the replaced CRU in the shipping container that contained

the replacement part, affixing the prepaid shipping label to the

package, and scheduling pick-up with the authorized courier listed

on the shipping label for return to Lenovo within thirty (30) days

or you will be charged for the replacement.

If Lenovo repairs Your Product, You understand and agree that

Lenovo may replace original parts with parts from the original

manufacturer, or a different one. Replacement parts or Product

may not be new, but will be in good working order and at least

functionally equivalent to the item replaced. When a Product or its

parts are replaced, each replaced item becomes Our property and

the replacement becomes Yours. We will provide You with a

shipping container for You to return the Product to a designated

service center where We will perform repairs before returning the

Product to You. If the required parts are available at the repair

center, We will attempt to repair and return the Product to You

within three (3) business days from the day We receive the Product

at the service center. Your signature will be required upon

delivery when we return Your Product.

In addition to Your other responsibilities under this Agreement,

You agree to the following when obtaining Lenovo Damage

Protection Service: (a) follow the packing and shipping

instructions included with the shipping container; and (b) return

the Product through the shipper We designate within twenty-one

(21) calendar days of the day You receive the shipping carton. We

are not responsible for damage, or risk of loss due to improper

packing or use of a shipper that We do not designate.

V. YOUR ADDITIONAL REQUIREMENTS AND

RESPONSIBILITIES

You acknowledge and agree that Our provision of Service is

contingent upon Your full satisfaction of the obligations specified

in this Agreement.

WE RESERVE THE RIGHT TO REFUSE SERVICE IF YOU

FAIL TO PERFORM ANY OF YOUR OBLIGATIONS, AND

WE, OUR EMPLOYEES, AGENTS AND CONTRACTORS

SHALL NOT BE LIABLE FOR ANY DELAY OR DAMAGES

INCURRED BY YOU IF YOU FAIL TO PERFORM ANY OF

YOUR OBLIGATIONS. FAILURE TO FOLLOW THE

PROCEDURES SET OUT IN THIS AGREEMENT MAY

RESULT IN SERVICE DELAYS, OR IMPACT YOUR ABILITY

TO RECEIVE SERVICE, OR RESULT IN ADDITIONAL

CHARGES TO YOU. IN SUCH INSTANCES WHERE

SERVICE IS REFUSED DUE TO YOUR FAILURE TO MEET

YOUR OBLIGATIONS, SERVICE WILL BE INSTITUTED

WHEN YOU HAVE COMPLIED WITH YOUR OBLIGATIONS

UNDER THIS AGREEMENT.

In addition to Your other responsibilities described elsewhere in

this Agreement:

A. Before We replace a Product or part, You agree to

remove all features, options, alterations, and attachments not

originally included with the Product or part (such as upgrade

cards);

B. If technically possible, you will remove or secure all

proprietary, confidential or personal data before presenting the

Product to Us for repair or replacement and back up valuable

information and data in a format external to the Product to enable

You to reconstruct lost or altered data or programs if necessary;

C. You will use and store the Product under the physical

and operating conditions specified by the manufacturer;

D. You will perform all routine and preventative

maintenance recommended by the manufacturer;

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