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Service offerings may vary from Product to Product. If you purchase optional services and support from Dell, Dell and/or your third-party service provider will provide
such service and support to you in the United States in accordance with the terms and conditions located at
http://www.dell.com/us/en/gen/services/service_service_contracts.htm or as mailed to you. You may contact Dell for more information, see
http://www1.us.dell.com/content/topics/segtopic.aspx/contact/contact?c=us&l=en&s=gen for contact information. Dell and/or the third-party service
provider may at their discretion, revise their general and optional service and support programs and the terms and conditions that govern them without prior notice to
you. Dell has no obligation to provide service or support until Dell has received full payment for the Product or service/support contract you purchased. Dell is not
obligated to provide service or support you purchase through a third party and not Dell.
9. Limitation of Liability.
DELL DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE
FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. EXCEPT AS
EXPRESSLY PROVIDED HEREIN, DELL WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, DELL IS
NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. NOTWITHSTANDING ANYTHING IN THIS
AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE. DELL IS
NOT LIABLE TO YOU FOR WARRANTIES, SUPPORT, OR SERVICE MADE BY OR PURCHASED FROM A THIRD PARTY AND NOT DIRECTLY FROM DELL. DELL
IS NOT RESPONSIBLE FOR REPRESENTATIONS OR OMISSIONS MADE BY A THIRD PARTY.
10. Applicable Law; Not For Resale or Export.
You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying only for your
own internal use only, and not for resale or export. Dell has separate terms and conditions governing resale of Product by third parties and transactions outside the
United States. Terms and conditions for resale are located at: http://www.dell.com/policy/legal/termsofsale.htm.
11. Governing Law.
THIS AGREEMENT AND ANY SALES THERE UNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO CONFLICTS OF
LAWS RULES.
12. Headings.
The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be
derived there from.
13. Binding Arbitration.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING
STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND DELL, its agents, employees, principals, successors, assigns,
affiliates (collectively for purposes of this paragraph, "Dell") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof,
the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this
Agreement), Dell's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL
ARBITRATION FORUM (NAF) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com , or via telephone at 1-800-474-
2371). The arbitration will be limited solely to the dispute or controversy between customer and Dell. NEITHER CUSTOMER NOR DELL SHALL BE ENTITLED TO JOIN OR
CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY
GENERAL CAPACITY. This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any
award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Dell will be
responsible for paying any arbitration filing fees and fees required to obtain a hearing to the extent such fees exceed the amount of the filing fee for initiating a claim in
the court of general jurisdiction in the state in which you reside. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a
statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the
prevailing party, under the standards for fee shifting provided by law. Information may be obtained and claims may be filed with the NAF at P.O. Box 50191, Minneapolis,
MN 55405. (REV 4/04)
Limited Warranty for Dell-Branded Hardware Products (U.S. Only)
Dell-branded hardware products purchased in the U.S. come with either a 90-day, 1-year, 2-year, 3-year, or 4-year limited warranty depending on the product purchased. To
determine which warranty came with your hardware product(s), see your packing slip or invoice.
What is covered by this limited warranty?
This limited warranty covers defects in materials and workmanship in your—our end-user customer's—Dell-branded hardware products, including Dell-branded peripheral
products.
What is not covered by this limited warranty?
This limited warranty does not cover:
Software, including the operating system and software added to the Dell-branded hardware products through our factory-integration system, third-party software, or
the reloading of software
Non-Dell-branded and Solution Provider Direct products and accessories
Problems that result from:
External causes such as accident, abuse, misuse, or problems with electrical power
Servicing not authorized by Dell
Usage that is not in accordance with product instructions
Failure to follow the product instructions or failure to perform preventive maintenance
Problems caused by using accessories, parts, or components not supplied by Dell