Warranty Information

Extended Service Plans

American Custom Computers would like to thank you for your purchase. We are confident that our systems will provide you with years of trouble free service. With the purchase of each new system, you have been provided with a one (1) year warranty and Tier I Technical Support that is available twenty-four (24) hours per day. It is believed that each customer should consider an extended plan that meets their needs in protecting this investment and saving time in the event that there is a technical matter that arises.

Computer Warranty Service Standard Warranty Service Plan Terms & Conditions: This Plan is an agreement between Computer Warranty Services, LLC (CWS), who is the obligor/provider and administrator, and the Customer. Customers having questions regarding the receipt of services under this Plan should call the Administrator. This document sets forth the entire Plan and may not be modified except by the Administrator.

1. SERVICE PLAN: It is the expectation of the CWS that the Equipment will be free from defects in workmanship and material for one year from the Commencement Date. However, in the event the Customer detects and reports to CWS during the Service Period a defect in the workmanship or material of the Equipment, then CWS shall provide to the Customer the services hereinafter described, subject to all of the terms and conditions of this Service Plan and subject to all of the terms and conditions of the agreement between CWS and the Customer.

A. DEFINITIONS As used in this Service Plan, the following terms shall have the following meanings: (1) Equipment shall mean the computer hardware system with which this Service Plan is enclosed; (2) ACCI shall mean the original Equipment Manufacturer; (3) Customer shall mean only the end-user of the Equipment who is located in the continental United States and who is either the original purchaser of the equipment from ACCI, from an authorized reseller of ACCI, or an authorized person who receives a transfer of this Service Plan as provided below; (4) Person shall mean an individual, partnership, association, corporation, limited liability company, limited liability partnership, trust, estate, or other entity of any kind, as the case may be, including but not limited to a governmental entity or subdivision thereof; (5) Service period shall mean the period commencing on the Commencement Date or any renewal period agreed to by Customer and CWS; (6) Commencement Date shall mean the date on which the Service Plan is first purchased by a customer from CWS or from ACCI or an ACCI authorized reseller.

B. COVERAGE 1) This Service Plan extends only to Customers, and not to any other Person. Obtain performance under this Service Plan, a Customer should call CWS at the toll free number appearing herein and report a defect in the workmanship or material of the equipment. It shall be the Customer's responsibility to provide the Service Plan Number corresponding to the service plans Commencement Date. For this reason, Customer should save Customer's purchase receipt and/or have the Service Plan number available. CWS reserves the right to refuse service to any Customer who cannot prove the Commencement Date. The return of the Limited Service Plan Activation Form by Customer is not a condition precedent to obtaining performance under this Service Plan. Only representatives of CWS or authorized CWS service providers may perform repairs on the Equipment under this Service Plan. (2) Upon system delivery CWS covers the equipment with Dead on Arrival (DOA) coverage. During the Service Period, CWS will repair or replace, at the exclusive option of CWS, any Equipment or component part of any Equipment having a defect in material or workmanship. All replacement parts shall be provided by ACCI for a period listed in the ACCI parts warranty, at no cost or predetermined cost to the warranty holder. CWS will return the equipment to its original functionality promptly. CWS will not reload any of the Customer's proprietary software or the Operating System should it be deemed necessary. All replacement parts shall also be covered under this Service Plan for the remainder of the Service Period, or a period of one year. (3) Some problems or defects may require CWS to reformat or replace a hard disk drive. Under such circumstances all data on the disk drive may be lost, if the End User subscribes to the CWS Unlimited Online Data Backup, CWS will assist in restoring this data. CWS nor the authorized CWS service providers shall be liable for the loss or destruction of data or media resulting from a defect In materials or workmanship covered by this Service Plan or resulting from the services performed hereunder. The Customer is solely responsible for the security of the Customer's data. CWS strongly advises Customer to implement and maintain a daily routine to backup data to minimize the loss of data in the event of equipment failure, and offers the CWS Unlimited Online Backup service. (4) CWS will ONLY assist in the recovery of data from the CWS Online Data Backup (5) CWS will attempt to diagnose problems over the telephone or remotely. Telephone technical services are available on the CWS toll-free service line 24 hours per day, 7 days per week, excluding holidays. (6) CWS provides On-site service as necessary Monday through Friday, excluding some holidays, between the hours of 8:00 A.M. and 5:00 PM. Customer's local time.

C. EXCLUSIONS: This Service Plan does not include: (1) Installation or set-up of the equipment; (2) Service needed as a result of moving or mishandling the Equipment; (3) Damage to the exterior surface or housing of the Equipment; (4) Problems resulting from negligence, misuse, abuse, or other physical casualty to the equipment: improper maintenance; electrical disturbances; acts of nature; or work, attachments, additions, alterations, or modifications by persons other than authorized CWS service providers: (5) Service needed as a result of improper operating environment: (6) Any problem not involving a defect in the Equipment hardware, including, but not limited to, software, programming, incompatibility, installation, and operating system problems and errors: (7) Any problem that cannot be solved by replacement of defective equipment hardware: (8) Use of any item or peripheral with the equipment if the item is not certified compatible for use with the equipment; or (9) Any computer system that is not fully functional at the time the Service Plan is purchased.

2. EXCULPATION: The maximum liability of CWS under this Service Plan is limited to the cost of replacing any defective Component Parts, not including screens, cases, displays, adapter port and wireless port due to negligence. CWS shall not be liable to the Customer for incidental and consequential damages. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Service Plan gives you specific legal rights, and you may also have other rights, which vary from State to State. CWS has provided this Service Plan pursuant to an agreement between the CWS and CWS. All of the obligations of CWS under the agreement run solely to the CWS. Under no circumstances shall a Customer or any other Person ever be deemed to be a third-party beneficiary of the agreement. In the event CWS fails to provide services to the Customer under this Service Plan, Customer shall be entitled to a full refund of the Warranty Plan price paid by the customer.

3. RESPONSIBILITIES OF CUSTOMER: The End User shall: (1) operate the Equipment in an environment meeting the CWS's specifications: (2) protect the supply of electricity to the Equipment through the use of appropriate surge protection devices: (3) comply with the CWS's operating manual: (4) promptly report to CWS any diagnostic messages: (5) permit no work on the Equipment except by authorized CWS service providers during the CWS warranty period: (6) have an adult (over the age of 21) representative present whenever CWS provides support services; (7) perform such diagnostic procedures or programs as requested by an authorized CWS service provider; (8) safeguard and deliver to an authorized CWS service provider all replacement parts shipped by CWS or ACCI to equipment location. All replacement parts and other items shipped to Customer must be accounted for to CWS. Either the part to be replaced or the replacement part or item shipped to Customer must be returned to CWS or its representative. Customer assumes financial responsibility for all parts and accessories, including, but not limited to, hardware, cables, media or manuals, shipped to Customer until the item or part is returned to CWS or its authorized representative.

4. TRANSFER OF SERVICE PLAN: This Service Plan may be transferred at any time during the original term hereof for a transfer fee of $20.00. The transferee succeeds to the remaining term of the Service Plan. Please call the CWS toll-free service line for information and transfer form at 1-877-614-7181 ext. 711. or visit our web site at: www.computerwarrantyservices.com/transferform for form and instructions.

5. INDEMNIFICATION: CWS shall not be liable for, and Customer hereby indemnifies and holds CWS and every authorized CWS service provider harmless from, any and all loss, damage, claim, or cause of action, direct or indirect, incidental or consequential, occurring to Customer, or to the employees or agents of Customer, or to any other third party, or to the property of any of the foregoing, which may arise as a result of any defect covered by this Service Plan or as a result of any service performed under this Service Plan. CWS is not responsible to make repairs that will exceed the replacement value of the unit as determined by the CWS technical administrator. In such cases CWS may refund double the warranty purchase price paid by the client or pay the current replacement value of the unit.

6. PARTS AVAILABILITY: Because of the rapid development of technology in the computer industry, or for other reasons, a particular part may not be available from the CWS. In such an event, CWS will make reasonable efforts to locate a compatible replacement part from other sources. If CWS cannot locate a compatible replacement part, then, if possible, CWS will offer to upgrade Customer's system to the least expensive configuration that can be serviced. In the event Customer chooses not to accept the upgrade, CWS shall not be responsible to make repairs under this Service Plan.

7. CONSTRUCTIONS AND INTERPRETATION: Customer's return of Limited Service Plan Activation Form or Customer's first use of the toll-free service line or thirty (30) days of non contested service of this plan shall constitute Customer’s acceptance of and acquiescence to the terms of this Service Plan including the indemnification provisions. This Service Plan shall be governed by and construed in accordance with the laws of the United States and Canada with any superseding state or province laws taking precedence.

8. SUPERSEDING STATE LAWS New York, South Carolina, Texas and Wyoming only: You may return this service contract within 20 days of the date this service contract was mailed to you, or within 10 days if the service contract was delivered to you at the time of sale. If you made no claim, the service contract is void and the full purchase price will be refunded to you. A 10% penalty per month will be added to a refund that is not made within 45 days of your return of the service contract. These provisions apply only to the original ACCI of the service contract. In the event we cancel this service contract, we will mail a written notice to you at your last known address at least 21 days prior to cancellation with the effective date for the cancellation and the reason for cancellation. But, we are not required to mail you written notice if the reason for cancellation is non-payment of the Provider fee, a material effective date for the cancellation and the reason for cancellation. But, we are not required to mail you written notice if the reason for cancellation is non-payment of the Provider fee, a material misrepresentation, or a substantial breach of duties by you relating to the covered property or its use.

North Carolina only: The purchase of a service contract is not required in order to obtain financing for the product. You may cancel this service contract at any time after purchase. You will receive a pro-rata refund of the service contract purchase price less the cost of repairs made and less an administrative fee of 10% of the service contract purchase price up to $25. We may cancel this service contract only for non-payment of the purchase price of the service contract or a direct violation of the service contract by you.

Oklahoma only: In the event you, the customer, cancel the service contract, return of premium will be based upon 90% of the unearned pro-rata premium. In the event we cancel the service contract, return of the premium is based upon 100% of the unearned pro-rata premium.

South Carolina only: If You have any questions regarding this Contract, or a complaint against the Obligor, You may contact the South Carolina Department of Insurance at 300 Arbor Lake Drive, Columbia, South Carolina 29223, (803) 737-6180.

Texas only: If you have any questions regarding the regulation of service contract Provider or a complaint against the Obligor, you may contact the Texas Department of Licensing & Regulation, 920 Colorado, P.O. Box 12157, Austin, Texas 78711, (800) 803-9202.

Utah only: Coverage afforded under this contract is not guaranteed by the Property and Casualty Guaranty Association. If we cancel this service contract, we must provide you with a written notice at least 15 days prior to cancellation at your last known address, with the effective date for the cancellation and the reason for cancellation. We may cancel this service contract for nonpayment of the contract charge. Such cancellation will be effective 10 days after the mailing of notice. We may cancel the service contract for misrepresentation of a claim. Such cancellation will be effective 30 days after mailing of notice.

Washington only: You may return this service contract within 20 days of the date this service contract was mailed to you, or within 10 days if the service contract was delivered to you at the time of sale. If you made no claim, the service contract is void and the full purchase price will be refunded to you. A 10% penalty per month will be added to a refund that is not made within 30 days of your return of the service contract. These provisions apply only to the original ACCI of the service contract. In the event we cancel this service contract, we will mail a written notice to you at your last known address at least 21 days prior to cancellation with the effective date for the cancellation and the reason for cancellation. Exclusions from coverage are limited to those expressly stated under the Exclusions from Coverage section above.

Wisconsin only: THIS WARRANTY IS ONLY SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE. The ACCI may cancel this service contract at any time. If you cancel this service contract within 30 days of the date of purchase, the Administrator shall return 100% of the purchase price less actual costs or charges needed to issue and service the service contract. If you cancel this service contract Plan after 30 days, you will receive a pro-rated refund less a cancellation fee of 10% of the purchase price up to $25. Unauthorized repairs may not be covered.

For 24/7 System Support call: 1-877-614-7181 Option 1 For questions or additional information: email CWS at support@computerwarrantyservcies.com or Call CWS Customer Service at 1-877-614-7181 ext. 711

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