1. WELCOME

Thank you for choosing NEC products. The purpose of this document is to provide you with the Terms and Conditions of NEC UltraCare Services.

NEC Computers understands your need for product excellence as well as services and support. Depending on the type of NEC UltraCare Service purchased, NEC Computers endeavours to provide you with assistance on NEC hardware, configuration tools and protection solutions.

More details on NEC Services and Solutions are available on www.nec-computers.com.

1.1 DEFINITIONS

“Product” shall mean NEC-branded computer system, either desktop, notebook, server, Thin Client, monitor, accessory,  storage unit or software pre-loaded by NEC Computers. Note: should you need technical support for a NEC product that is not listed above, please contact your NEC reseller.

“NEC Computers” shall mean the company listed for the country in which the NEC-branded Product has been purchased. If no office is listed for the country in which the product has been purchased, NEC Computers shall mean NEC Computers SAS.

“Client” or “you” shall mean the end-user or purchaser of the NEC Computers Product.

“Warranty” shall mean the Standard Warranty delivered with your Product or the Warranty extension that you are entitled to subscribe to when purchasing your NEC Computers Product or within the first year after your date of purchase. Under  the terms and conditions of the Data Protection Act in effect in your country, you are entitled to access, rectify and contest any personal details by writing to the following address: NEC UltraCare Helpdesk, PO Box 337, 6600 AH, Wijchen, The Netherlands.

Any personal details which you communicate to us are collected for the purpose of providing your NEC UltraCare Services.

2. REGISTERING YOUR NEC ULTRACARE SERVICE

In order to validate the service that you have chosen, you must register the service with NEC Computers:

• either on line on http://ultracare.nec-computers.com;
• or by filling out the “UltraCare Registration Card” with the required data and returning it by mail or fax (contact details can be found on the UltraCare Registration Card).

Please keep your “NEC UltraCare Certificate” in a safe place along with your unique contract number, as your NEC Call Centre might ask for it when you call for assistance.

In the event of a Product incident, NEC Computers recommends that you perform a rapid technical investigation using self-diagnostic tools provided by NEC with your Product (Quick Start Guide, CD-ROM) and on line documentation on www.nec-computers.com, Support Section. 

In case the problem persists you should contact your local NEC Call Centre, using the NEC UltraCare Technical Support addresses and phone numbers supplied (1). Please make sure you have the following information available as your NEC Call Centre might ask for it when you call for assistance:

• The serial number of the NEC Product.
• The operating system installed on this NEC Product.
• Details of any software or hardware modifications made to the Product since purchase.
• The exact description of all failure messages.

Furthermore, make sure you have a backup copy of the data stored on your Product. NEC Computers will provide telephone support to diagnose and if possible correct the defect over the telephone. If the failure cannot be resolved by telephone support, NEC Computers will repair the Product(s) as per the contracted service level and response time.

(1) Please refer to the back of the UltraCare coupon and the Warranty documentation delivered with your Product.

NEC Computers strongly advises you to make regular backup copies of any document, data, file or software stored on your Product and private internal network.

You are responsible for backing up any data stored on the Product prior to contacting NEC Computers’ Call Centre for support.

NEC Computers shall not be liable for any loss of data stored on your Product or consequences of data loss as a result of NEC servicing the Product under NEC UltraCare Warranty.

NEC Computers also strongly recommends that you test and make personal back-up copies of all the software which you received with your hardware (e.g. Master CDs, games, software applications, drivers, etc) within 30 days of receipt of your product. If you require copies of your software from NEC after 30 days of receipt of your product, NEC reserves the right to charge you for this service.  

NEC Computers will perform the NEC UltraCare Services as outlined in this “Terms and Conditions” document for individual NEC Computers equipment specified at the date of purchase of this NEC UltraCare Service. Registration of the UltraCare service must be performed within 30 days of receipt of the UltraCare product and will link the product to the service for the remaining duration of the Warranty.

Unless otherwise specified by NEC Computers, the NEC UltraCare Service can be purchased throughout the first year of the initial Warranty of the NEC Computers hardware. After this period you should contact your nearest NEC Computers office for quotation. NEC Computers reserves the right to refuse customer requests for Warranty extension for systems which are already out of Warranty.

If there is a hardware failure before the NEC UltraCare Service has been registered with NEC Computers, the repair will not be covered by the NEC UltraCare Service. However, the repair may still be covered by your standard Warranty if applicable.

Unless otherwise specified by NEC Computers, the intervention for NEC UltraCare Services will take place during local business hours, Monday to Friday excluding public holidays.

Unless otherwise specified by NEC Computers, NEC Computers is not responsible for the compatibility with non-NEC products.

You are responsible for the security of your unique UltraCare contract service number. NEC Computers will not be held responsible for lost or stolen contract numbers, nor non-authorized use of the contract number. In cases where the Service has been fraudulently registered, no service will be provided

NEC UltraCare Services are not transferable to other persons or products, (except in cases where NEC Computers has replaced the Product, if the Product has Protection Services coverage or after explicit authorisation from NEC Computers). Please contact your local NEC reseller or sales office for more information.

Unless otherwise stated by NEC Computers, the duration of the ”Warranty Extension” service corresponds to the NEC Product purchase date plus the duration specified on the document “NEC UltraCare Registration Card” or on the UltraCare service purchase invoice.

Except in case of specific agreement with NEC Computers, the NEC Computers Call Centres are open from Monday to Friday, excluding public holidays during the following business hours (local time):

• 09:00h – 17:00h for Portugal, Spain and Sweden.
• 09:00h – 18:00h for the other countries (Please refer to your Warranty documentation received with your Product for specific service scope).

The NEC UltraCare Services are classified into different periods where technical diagnosis and intervention is available.

• 8 x 5: the service is available 8 hours per day (9.00h-17.00h), 5 working days per week (Monday-Friday), excluding public holidays.
• 24 x 7: the service is available 24 hours per day, every day of the week including public holidays.

In general, intervention time refers to the necessary time it takes for the service to be executed, under normal conditions, at your premises.  This intervention time may vary depending on the type of Warranty chosen by you.

D + x: “x” represents the number of working days within which the service will be carried out. Service levels for repairs can vary per country and in remote locations, please contact your nearest NEC Computers office for specific details.

y Hours: “y” represents the number of hours from the time the NEC Computers Call Centre has completed the diagnosis and has logged a service intervention, up to the time the engineer arrives at your premises. Please note the intervention period (8x5 or 24x7) determines whether “y” represents hours or business hours.

RTC D + x: “x” represents the number of working days within which the RTC service will be carried out and the hardware problem will be fixed (note: excluding  the time needed to restore the operating system).

RTC y Hours: “y” represents the number of hours from the time where the NEC Computers Call Centre has completed the diagnosis and has logged  a service intervention, up to  the time the engineer fixes the hardware problem at your premises, excluding the time needed to restore the operating system. Please note the intervention period (8x5 or 24x7) determines whether “y” represents hours or business hours.

5. ULTRACARE WARRANTY EXTENSION

5.1 EXCHANGE ON SITE SERVICE

5.1.1 DEFINITION

NEC Computers delivers a complete replacement unit or a Client replaceable spare part at your premises (e.g. accessories, batteries, keyboards, mice, etc). Service levels may vary per country/region.

When NEC Computers Call Centre diagnostics determine there is a hardware problem, NEC Computers will dispatch an authorised courier company to your premises to collect the failing Product and deliver a functional unit. You are required to have the faulty unit or part ready and available for replacement in order to obtain the replacement unit. Within the scope of this service, you may replace the spare part yourself and you will not invalidate your Warranty. All intervention costs (travel, parts and labour) are borne by NEC Computers.

5.1.2 ON-SITE EXCHANGE CUT-OFF TIME: 16:00hrs (local time)

The cut-off time is defined as the time on a given day by which your intervention must have been logged by the NEC Computers Call Centre in order for the service level to apply. Interventions logged after the cut-off time will take an additional business day before service can be provided.

5.2 PICK UP, REPAIR AND RETURN (PURR) SERVICE

5.2.1 DEFINITION

NEC Computers coordinates the collection, repair and return of the Product. Service levels may vary per country/region.
When NEC Computers Call Centre diagnostics determine there is a hardware problem, NEC Computers will invite you to prepare the Product for shipment. A NEC Authorised Service Partner will contact you to arrange for the pick-up of the Product. On the agreed business day, a NEC authorised courier company will pick up the Product at your premises. Once the Product is repaired in our certified NEC Computers repair centre, the courier company will return the Product to the same location. All costs (transports, parts and labour) are borne by NEC Computers.

5.2.2 GEOGRAPHIC SCOPE PURR SERVICE

PURR service will be provided by NEC Computers in the following countries within Western Europe, unless otherwise specified: Austria, Belgium, Switzerland, Germany, Spain, France, Great Britain, Ireland, Italy, Netherlands, Norway, Portugal and Sweden. If you purchased your product and require service in another country than those specified above, please contact your local NEC reseller for service. NEC UltraCare Warranty geographical coverage is only available on the mainland of the country of purchase. Overseas territories, islands and remote areas service coverage can vary per country and specific details can be requested from your local NEC Computers Client Service Office.
NEC UltraCare Services are only valid in the country where both the NEC UltraCare Service and the corresponding product were purchased (unless otherwise stated by NEC Computers).

5.2.3 PICK UP, REPAIR AND RETURN CUT-OFF TIME: 16:00hrs (local time)

The cut-off time is defined as the time by which your intervention must have been logged by the NEC Computers Call Centre in order for the service level to apply. Interventions logged after the cut-off time will take an additional business day to arrange pick up of the product.

5.3 ON SITE REPAIR

5.3.1 DEFINITION

NEC Computers coordinates the repair of the Product on site at your premises. Service levels may vary per country/region.

When NEC Computers Call Centre diagnostics determine there is a hardware problem, NEC Computers will arrange an intervention date with you. On the agreed business day, a NEC authorized service engineer will come to your premises to check the initial diagnostics and repair the hardware issue. If the repair requires replacement of a hard disk, the engineer will restore the operating system to a functional level, using the NEC licensed operating system copy which you must provide. You are then responsible for restoring any additional software beyond the operating system and for reloading the data from the backup. All intervention costs (travel, parts and labour) are borne by NEC Computers.

5.3.2 GEOGRAPHIC COVERAGE ON-SITE REPAIR D+x

On-site service will be provided by NEC Computers in the following countries within Western Europe, unless otherwise specified: Austria, Belgium, France, Germany, Great Britain, Ireland, Italy, Luxemburg, Netherlands, Portugal, Spain, Sweden and Switzerland. If you purchased your Product and require service in another country than those specified above, please contact your local NEC reseller for service. NEC UltraCare Warranty geographical coverage is only available on the mainland of the country of purchase. Overseas territories, islands and remote areas service coverage can vary per country and specific details can be requested from your local NEC Computers Client Service Office.

NEC UltraCare Services are only valid in the country where both the NEC UltraCare Service and the corresponding Product were purchased (unless otherwise stated by NEC Computers).

5.3.3 ON-SITE REPAIR CUT-OFF TIME: 16:00hrs (local time)

The cut-off time is defined as the time on a given day by which your intervention must have been logged and qualified by the NEC Computers Call Centre in order for the service level to apply. Interventions logged after the cut-off time or logged and not qualified, will take an additional business day before service can be provided. A call is qualified when the NEC engineer has made a final diagnosis.

5.3.4 GEOGRAPHIC COVERAGE 4 HOURS RESPONSE SERVICE

A complete list of the countries where our UltraCare 4H Service is available can be obtained from your NEC Computers sales agent.

The NEC authorized service engineer will arrive at your premises within 4 hours after the NEC Computers Call Centre has logged and qualified the intervention request. The UltraCare 4hr response service is available within a 120 km radius or less than 2 hours of travel time from major metropolitan cities. The UltraCare 4hrs Response service is not available in overseas territories, islands and remote areas. Please note the intervention period (8x5 or 24x7) determines whether the service level is in hours or business hours.

For locations with a distance between 120 km and 200 km from major metropolitan cities, a supplementary driving time could be added. This driving time will not exceed 2 hours. A complete list of the countries and major metropolitan cities where 4-hour response service is available can be requested from your NEC Computers sales agent.

In case the 4hr service cannot be delivered for a specific location, NEC Computers reserves the right to inform you of this upon receipt of your “NEC UltraCare Registration Card”. Your NEC UltraCare 4 hr Response Service will be available from the 10th working day after the reception and validation of the completed “NEC UltraCare Registration Card” document by NEC Computers or on-line registration.

4hrs Response service is only applicable to Servers. The following items are not included in the 4hrs Response service: monitors, keyboards, mice, accessories, racks, peripherals or any other items which are not built into a Server as an internal component by NEC Computers at the time of purchase. A complete list of countries where your UltraCare 4 hrs Response service is available can be obtained from your NEC Computers Sales agent.

5.3.5 CUT-OFF TIME FOR 4 HOURS RESPONSE 8x5 INTERVENTIONS: 13:00hrs (local time)

The cut-off time is defined as the time by which your intervention must have been logged and qualified by the NEC Computers Call Centre in order to receive a same business day repair. Interventions logged after the cut-off time or logged and not qualified, of 13:00hrs (local time) will be carried over to the next business day. Example: If an 8x5 4hrs Response intervention request is logged at 15:00hrs, NEC Computers commits to arrive on site at 11:00hrs the next business day. Working hours for 4 hrs Response service are defined as being between 09:00-17:00hrs (Local Time) Monday to Friday, excluding public holidays. A call is qualified when the NEC engineer has made a final diagnosis.

5.3.6 CUT-OFF TIME FOR INTERVENTION 4 HOURS RESPONSE 24x7 SERVICE

There is no cut-off time for this service. Please note that NEC Computers Call Centre support will be provided in English on Saturdays, Sundays, during local holidays, or on business days outside Call Centre opening hours. The NEC Computers voice response server will request your Product‘s serial number along with your phone number and the failure type. Within half an hour, a NEC Computers engineer will call you back to qualify the failure and, if necessary, to arrange for an intervention. For a 24x7 ite – if you have not registered your 24x7 4-hours Response service you will not be able to contact NEC Computers outside standard office hours.

5.4. REPAIR TIME COMMITMENT (RTC) ON SITE SERVICE

5.4.1 DEFINITION

NEC Computers coordinates the repair of the Product on site at your premises. Service levels may vary per country/region.

When NEC Computers Call Centre diagnostics determine there is a hardware problem, NEC Computers will arrange for an authorised service engineer to come to your premises. Once arrived on site, the service engineer will check the initial diagnostics and repair the hardware issue within the committed repair time. If the repair requires replacement of a hard disk, the engineer will restore the operating system to a functional level, using the NEC licensed operating system copy which you must provide. You are then responsible for restoring any additional software beyond the operating system and for reloading the data from the backup. The operating system restoration time is not included in the committed repair time. All intervention costs (travel, parts and labour) are borne by NEC Computers.

RTC service is only applicable for Desktops and Servers. The following items are not included in the RTC service: notebooks, monitors, keyboard, mice, accessories, racks, peripherals or any other items which are not built into a Desktop or Server as an internal component by NEC at the time of purchase. NEC will not be liable for penalty claims on these items.

5.4.2 GEOGRAPHIC COVERAGE REPAIR TIME COMMITMENT SERVICE

A complete list of the countries where our UltraCare RTC Service is available can be obtained from your NEC Computers sales agent.

5.4.3 GEOGRAPHIC COVERAGE 6 HOURS RTC SERVICE

The NEC authorized service engineer will arrive at your premises and repair the hardware issue within 6 hours after the NEC Computers Call Centre has logged the intervention request. The UltraCare 6 hours Repair Time Commitment Service is available within a 120 km radius or less than 2 hours of travel time from major metropolitan cities. The UltraCare RTC Service is not available in overseas territories, islands and remote areas. Please note the intervention period (8x5 or 24x7) determines whether the service level is in hours or business hours.

For locations with a distance between 120 km and 200 km from major metropolitan cities, a supplementary driving time could be added. This driving time will not exceed 2 hours. A complete list of countries and the major metropolitan cities where the service is available can be obtained from your NEC Computers sales agent.

In case the UltraCare 6 hour RTC service cannot be delivered for a specific location, NEC Computers reserves the right to inform you of this upon receipt of your RTC service registration if the service cannot be proposed in a specific remote area. Your NEC UltraCare 6hr RTC Service will be available from the 10th working day after the reception and validation of the completed “NEC UltraCare Registration Card” document by NEC Computers or on-line registration. NEC Computers is entitled to arrange an onsite visit on your equipment location to validate your contract.

5.4.4 CUT-OFF TIME FOR INTERVENTION RTC D+x SERVICE: 16:00hrs (local time)

The cut-off time is defined as the time by which your intervention must have been logged and qualified by the NEC Computers Call Centre in order for the service level to apply. Interventions logged after the cut-off time or logged and not qualified will take an additional business day before service can be provided. A call is qualified when the NEC engineer has made a final diagnosis.

5.4.5CUT-OFF TIME FOR INTERVENTION RTC 6 HOURS 8x5 SERVICE: 13:00hrs (local time)

The cut-off time is defined as the time by which your intervention must have been logged and qualified by the NEC Computers Call Centre in order to receive a same business day repair. Interventions logged after the cut-off time or logged and not qualified will be carried over to the next business day. Example: if an 8x5 RTC intervention request is logged at 15:00hrs, NEC Computers commits to repair the hardware issue on site before 13:00hrs the next business day. Working hours for RTC 8x5 services are defined as being between 09:00-17:00hrs (Local Time) Monday to Friday, excluding public holidays. A call is qualified when the NEC engineer has made a final diagnosis.

5.4.6 CUT-OFF TIME FOR RTC 6 HOURS 24x7 SERVICE

There is no cut-off time for this service. Please note that NEC Computers Call Centre support will be provided in English outside Call Centre 8x5 intervention times, including public holidays. The NEC Computers voice response server will request your Product‘s serial number along with your phone number and the failure type. Within half an hour, a NEC Computers engineer will call you back to qualify the failure and, if necessary, to arrange for an intervention. For a 24x7 intervention to take place you must be present at the equipment location during the intervention. Note – if you have not registered your 24x7 4-hours Response service you will not be able to contact NEC Computers outside standard office hours.

5.4.7 CLIENT’S RESPONSIBILITIES RTC AND 4 HOURS RESPONSE SERVICE

NEC Computers is entitled to request that you submit a report generated by the NEC Computers diagnosis tools supplied with your hardware, including the configuration details of the relevant Product, in order to facilitate the committed resolution within the given timeframe. If your system configuration has evolved, you must immediately inform NEC Computers and generate a report using the NEC Computers diagnostic tools as stated above. NEC UltraCare RTC Service and 4 hrs Response service are only available in the purchase country of the Product and are dependant on the Product location. If you want to change the location of the equipment, it is your responsibility to notify NEC Computers immediately of the new location details and the moving date. NEC Computers will validate the new location against the geographic rules as stated above and notify you if the service remains valid or must be changed. The NEC UltraCare RTC and 4hrs Response services are not available during any move. After the move you should check the integrity of the system before requesting service. Your NEC UltraCare 6 hr RTC Service or 4hrs Response Service will be available again from the 10th working day after the date of notification.

In the event of a service request, you are responsible to ensure that a qualified person is available to enable proper telephone diagnosis by the NEC Call Centre. You are also responsible to provide unrestricted and immediate access to the location of the equipment to be serviced during the on site intervention and to ensure that a qualified person is available for the certified service engineer during the on site intervention.

RTC service and 4hrs Response service will only be implemented when you have fully completed the registration of your Warranty. NEC Computers cannot provide RTC or 4hrs Response service to customers who have not registered their Warranty. NEC will not be liable to pay RTC penalty claims for Products where either the Warranty has not been correctly registered with NEC or during the 10 working days required after an accepted registration (or transfer of site location) has been completed to implement the RTC service.

5.4.8 REPAIR TIME COMMITMENT PENALTIES

Where NEC Computers has not respected the repair time as stated in the NEC UltraCare Services contract, upon request at the time of intervention, you are entitled to claim compensation of 150€ (in case of RTC On Site 6 Hours), or 50€ (in case of RTC On Site D+x), exclusive of any other compensation. In no case will the compensation exceed the initial fee paid for the NEC UltraCare contract. The claim must be sent to NEC Computers within 30 days after the intervention has been performed. The claim form to be used can be downloaded from www.nec-computers.com Services & Solutions UltraCare section or from the UltraCare Services CD delivered with your Product.

Compensation shall not be awarded in any case where the cause of damage is independent of NEC Computers. NEC Computers also reserves the right to charge you for any repair costs incurred where the cause of damage is independent of NEC Computers: 

• In the case of natural disaster (e.g. fire, flood, earthquake, etc).
• When it is found that the hardware issue was due to customer induced accidental damage or damage caused by hardware being used or stored in unfit environmental conditions (see the care and handling guidelines in the Product’s user manual).
• When it is found that the issue was caused by the addition of non NEC validated hardware or software.
• When it is found that the issue was caused by a virus and/or Spyware.
• Where the Client has not respected his obligations - e.g. if the location of the Product in need of repair is not easily accessible or the Client was not available when the engineer arrived on-site.
  
• Where the location of the Product in need of repair (or Product information) does not correspond to the information supplied to NEC Computers according to the UltraCare registration details and/or change of location process described above has not been followed.
  
• The failure has been caused by repairs performed by a Service Provider or person who has not been authorised by NEC.

6. ULTRACARE PROTECTION SOLUTIONS

NEC UltraCare Protection Solutions provide an extension of the Standard Warranty. Services delivered to you under coverage of UltraCare Protection Solutions will be provided in accordance with the terms and conditions set forth in the NEC UltraCare Warranty Conditions that you have received with your NEC Computers Product. Included with the Warranty conditions, you will find information regarding the procedure to follow in order to obtain service and useful NEC telephone numbers.

6.1. DEFINITIONS

“Member” shall mean any person or entity as stated on the NEC UltraCare Protection Solutions service contract.

“Accident”shall mean a sudden and non intentional event resulting in damage.

“Equipment damage” shall mean the deterioration or destruction of the equipment under Warranty.

“Theft by forced premises” or “break-in” shall mean theft from premises after forced entry or break-in of a vehicle.

“Aggravated assault” shall mean any act of violence or physical threat made voluntarily by a third party to dispossess the Member of the equipment under Warranty.

Theft without aggravated assault or forced premises is not covered by Protection Services Warranty.

“Act of God” shall mean damage from lightning, flood, hurricane, avalanche, tidal wave, earthquake, storm or any other event considered to be a natural disaster.

Replacement Product Warranty: In the event that a replacement unit is approved by NEC according to the Protection Services Warranty terms and conditions: NEC will provide you with a unit which has equivalent or better functionality and specifications than your original unit.

6.2 SCOPE OF WARRANTY

6.2.1. PROTECTION SERVICES: PRODUCTS COVERED

Portable computer equipment purchased from NEC Computers or a NEC authorised reseller. The covered Products are mentioned on the NEC UltraCare Protection Solutions registration card.

Replacement equipment shall be covered by the same Warranty as the original Product, starting on the day of replacement Product delivery and valid for the remaining duration of the NEC UltraCare Protection Solutions Warranty period.

6.2.2 PROTECTION SERVICES: EVENTS COVERED

Equipment damage or loss resulting from the following: accidental breakage, fire, water damage, theft by forced premises, break-in, aggravated assault, electrical damage or acts of God are covered by Protection Services Warranty.

6.2.3. RULES GOVERNING PROTECTION SERVICES WARRANTY ACTIVATION

The NEC UltraCare Protection Solutions service contract must be registered with NEC Computers. You are liable to register your NEC UltraCare Protection Solutions service according to the registration possibilities offered by NEC Computers (see section 2: Registering your NEC UltraCare Service).

The following information must be given:

• The Protection Solution Service contract number.
• Information concerning the equipment purchased: e.g. serial number, date of purchase, etc.
• Your details: company name, contact details and address of the legal entity.

6.2.4. PROTECTION SERVICES WARRANTY EXCLUSIONS

The following are excluded from coverage:

• Equipment which is not specifically covered by a NEC UltraCare Protection Solutions service contract.
• Damage or loss which is due to wilful negligence.
• Damage to the covered equipment which is caused by intentional breakage.
• Damage which is caused by the Product being stored or used in unfit environmental conditions e.g.: dryness, humidity, excess temperature, corrosion, excess dust, etc (see the care and handling guidelines in the Product’s user manual).
• The equipment has been replaced on the Client’s initiative.
• The connecting cables are not covered by Protection Services Warranty (whether delivered with or without the equipment under Warranty).
• Software, consumables (such as batteries), peripherals or accessories which are not incorporated into the equipment under Warranty are not covered by Protection Services Warranty.
• Aesthetic damage.
• Costs to maintain update or improve the equipment under Warranty.
• Damage or loss due to failure to follow manufacturer or distributor instructions or failure to comply with the Member’s responsibilities and obligations for this service contract
• Damage resulting from repair of the equipment under Warranty by any person other than an authorised NEC Computers service centre.
• Normal wear and tear of the equipment under Warranty.
• Parts and damage covered by the manufacturer’s Warranty or legal Warranty.
• Theft without forced premises or theft from vehicles without break-in.
• Damages, failures or flaws originating from the equipment under Warranty.
• Damages resulting from an incident during the operation of the equipment under Warranty, failure to remedy a faulty connection.
• Costs incurred for data recovery, reinstallation or reprogramming.
• Non-material damage: profit losses, market losses and loss of right enjoyment.
• Damages incurred as a result of civil or foreign war, receivership, seizure or destruction as ordered of the civil or military authorities.
• Damages incurred as a result of civil or foreign war, receivership, seizure or destruction as ordered of the civil or military authorities.
• Costs resulting from the Member’s responsibilities regarding claims (e.g. to obtain and submit to NEC Computers the supporting documentation required for the service).

6.3 PROTECTION SERVICES GEOGRAPHIC COVERAGE

The Geographic Coverage of Protection Services is worldwide coverage. This means that if you suffer a loss or damage in any country worldwide NEC will repair or replace the unit (as long as the documentation is valid and the claim is within the scope of Protection Services coverage). Service will only be performed from the country of purchase.

6.4. MEMBER’S RESPONSIBILITIES REGARDING PROTECTION SERVICES CLAIMS

You must inform NEC Computers Call Centre within five business days following the event which is to be claimed.

For every event to be claimed, you must fully complete and submit a Protection Services claim form to NEC, this includes:

• The date, the nature of, the circumstances and the causes of the event.
• The contract number as indicated on the NEC UltraCare Protection Solutions service contract.
• Information concerning the equipment under Warranty (equipment type, brand, serial number).

The Protection Services claim form can be found on the UltraCare Services CD delivered with your Product or can be downloaded from www.nec-computers.com, Services & Solutions UltraCare section.

Supporting documents to be sent with the statement:

• For theft: you must provide NEC with an original police report stating the circumstances of the theft. You are liable for any costs or fees required to obtain a full police report from the appropriate authorities. Copies of police reports are not acceptable.
• If the equipment under Warranty suffers irreparable damage or is stolen, the requested documents must be addressed to NEC Computers by registered post. For other cases, the statement may be submitted via email, fax or letter.
• A fully completed Protection Services claim form is required by NEC for a claim for theft or for accidental damage.
• NEC Computers retains the right to request additional information or documents such as the original invoice for the Product or Protection Solutions service in order to validate your claim.

NEC Computers will decide whether the equipment under Warranty should be repaired or replaced. Service will not be provided by NEC until all the required documentation has been received and validated.

6.5. NEC PROTECTION SERVICE

NEC Computers will:

• Replace equipment covered under the UltraCare Protection Solutions service contract in the event the equipment has been stolen or has suffered irreparable damage, or
  
• Arrange for repair of the damaged equipment covered under the UltraCare Protection Solutions service contract by an authorised NEC Computers service partner via Pick up, Repair and Return service (see section 5.2.).

NEC Computers Protection Solutions are available only in combination with a 3 year On-Site D+x or Pick-Up and Return UltraCare Warranty.

All intervention costs (travel, parts and labour) are borne by NEC Computers, except costs resulting from the Member’s responsibilities regarding claims (e.g. to obtain and submit to NEC Computers the supporting documentation required for the service.

6.6. PROTECTION SERVICES WARRANTY PERIOD

The Warranty is contracted for a maximum duration of 3 years in combination with the Product and NEC UltraCare Warranty extension purchase (3 years On-Site D+x or Pick-Up and Return D+5). The Warranty is not renewable. If NEC Computers replaces a Product which has an UltraCare Protection Services Warranty extension, then the remaining duration of your Warranty will be transferred to your new replacement Product.

6.7. TERMINATION

Automatic termination of the Warranty occurs when:

• The equipment under Warranty suffers total loss as a result of an event not covered by the Warranty.
• The equipment under Warranty is transferred to a new owner.
• The end of the 3 years Warranty period is reached.

Termination upon Member’s request

You may terminate your NEC UltraCare Protection Solutions three (3) years Warranty upon request. However, NEC Computers will not be liable for any refunds for the remaining service period

6.8. MISCELLANEOUS PROVISIONS

Time related limitations: any action made in light of the contract is limited in time to two (2) years starting from the day of the event that gave rise to the action. Sending a letter by registered post, return receipt requested, may interrupt time limitations.

7. NEC COMPUTERS WARRANTY SPECIFICATIONS

7.1. SCOPE OF WARRANTY

NEC UltraCare Warranty is only applicable for the Product as shipped by NEC Computers, and does not cover expansion items (i.e.: Client installed accessories and/or peripherals) purchased separately from the Product unless specifically authorised by NEC.

If NEC replaces a Product on which you have purchased an UltraCare Warranty extension, then the remaining duration of your Warranty will be transferred onto the new replacement unit.

7.2. SERVICE VISIT PREPARATION

You are responsible for enabling access to the Product at the agreed intervention for the NEC certified engineer or NEC authorised courier.

Unless otherwise advised by the NEC Computers Client Contact Centre, you need to ensure that any expansion items or additional components are disconnected from the Product, before service can be delivered.

NEC Computers shall not be liable for any damage to expansion items which have not been removed prior to service. Additional costs to remove or disconnect such items may be charged by NEC Computers.

You are responsible for making regular backups and backing up any data on the Product before service is delivered. NEC Computers shall not be liable for the loss of any data stored on your Product or the consequences of data loss as a result of NEC servicing the Product under Warranty.

7.3. WARRANTY EXCLUSIONS

NEC Computers reserves the right to deny or charge for service & repair of your Product if:

• The failure results from the neglect or misuse of the Product by other parties than NEC Computers, including but not limited to installation, storage and/or usage of the Product in an unsuitable environment (see the care and handling guidelines in the Product’s user manual).
• The failure is caused by accidental damage (unless covered by Protection Services Warranty) or wilful negligence.
• The failure is caused by repairs not performed by an authorised NEC Computers Service Provider.
• The failure is caused by software or hardware components not installed by NEC Computers.
• The original proof of purchase cannot be produced, if requested.
• Your request for service is received after the Warranty period has expired.
• The failure is caused by a virus and/or Spyware.
• You were not available on the agreed appointment date and did not inform NEC Computers of the cancellation within a reasonable timeframe.
• The failure is caused by electrical damage or an act of God (lightning, flood, hurricane, avalanche, tidal wave, earthquake, storm or any other event considered to be a natural disaster).

The repair request is for aesthetic damage which does not affect the functionality of the Product.

7.3.1. SPECIFIC WARRANTY EXCLUSIONS OR CONDITIONS

NEC will replace any failing notebook batteries for a period of 6 months from the date of the hardware purchase (unless specifically stated or authorised by NEC computers). Batteries do not benefit from the same Warranty as the host Product.

Any parts or accessories (excluding monitors) purchased from NEC after the purchase of the host Product will be applicable for 1 year Warranty or the remaining duration of the standard Warranty on the customer’s hardware (whichever is greater). These parts and accessories will be serviced according to standard Warranty conditions for parts and accessories and do not benefit from any special services which may be applicable for the host unit (unless specifically stated by NEC).

Consumable items (e.g. external keyboards, mice, etc) will be serviced according to standard Warranty conditions for consumable items and do not benefit from any special services which may be applicable for the host unit (unless specifically stated by NEC).

NEC Computers reserves the right to charge customers who wish to retain any defective parts replaced during a service intervention. Defective parts replaced during a Warranty intervention are the property of NEC Computers (unless otherwise specified).

NEC Computers reserves the right to change the type of service supplied if it is deemed by NEC to be in the best interests of the Client.

7.3.2. SPECIFIC WARRANTY CONDITIONS CONCERNING LCD SCREENS

All NEC display Products meet the ISO 13406-2 guidelines, class II.

TERMINOLOGY:

There are millions of sub-pixels on each monitor.  Each cluster of three sub-pixels forms a whole pixel. Pixel faults in LCD monitors can be comprised of whole pixels or sub-pixels going dark, staying permanently lit or flashing. 

The proportion of Bright Dot Free panels should be more than 90% for each batch shipped to NEC Computers.

DEFINITION

DEFECT TYPE	DEFINITION	EXAMPLE1	EXAMPLE2
Type 1	A complete pixel is constantly illuminated. The result is constantly white point
Type 2	A complete pixel is not illuminated at all. The result is a constantly dark point
Type 3	One or two  sub pixels (Red, Green, Blue) are permanently switched ON or OFF. This results in a pixel in one of the basic colours (red, green, blue, cyan, magenta, yellow) A blinking pixel can also occur
Cluster of errors Type1 or 2	There are several Type 1 or 2 malfunctions in a field of 5*5pixels
Cluster of errors Type 3	There are several Type 3 malfunctions in a field of 5*5 pixels

NEC Computers strives to provide the highest quality LCD display Products in the industry. Your Product meets the Class 2 specifications under the ISO 13406-2 industry guidelines for LCD monitors.

LCD monitors use a technology based on pixels. A pixel is a combination of three sub-pixels (red, green and blue) that produce a specific colour. There are millions of these sub-pixels on each LCD screen. Pixel faults on LCD screens can be comprised of whole pixels or sub-pixels going dark, staying permanently lit or flashing.

The ISO 13406-2 standard allows for a certain number of pixel faults based on the number of total pixels in the monitor (determined by the screen size).

NEC Computers will replace an LCD monitor during the Warranty Period if it meets the following criteria:

 

Type 1: A full pixel is always visible on the screen, resulting in a white point.

Type 2: A full pixel does never illuminate at all, resulting in a dark point.

Type 3: One or two sub-pixels are always switched on or switched off, resulting in a pixel of one of the basic colours (red, green, blue, cyan, magenta or yellow), or a continuously blinking pixel occurs.

Faulty Cluster 1: Within a field of 5x5 pixels there are several malfunctions of Type 1 or Type 2.

Faulty Cluster 2: Within a field of 5x5 pixels there are several malfunctions of Type 3.

NEC Computers Warranty will not apply to screen failures resulting from accident, neglect or misuse, unusual physical or electrical stress, failures of your electrical power mains, external electricity circuitry and/or environmental control (air conditioning).

7.4. NEC Computers Liability

THE SOLE PURPOSE OF THIS LIMITED WARRANTY SHALL BE REPAIR OR REPLACEMENT OF DEFECTIVE PART(S) AS PROVIDED ABOVE. UNDER NO CIRCUMSTANCES SHALL NEC COMPUTERS BE LIABLE TO THE END USER OR ANY THIRD PARTY FOR ANY DAMAGES; TO INCLUDE BUT NOT LIMITED TO LOSS OF: DATA, OPERATING SYSTEM, APPLICATION SOFTWARE, BUSINESS OR PROFITS; OR ANY OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT BASED ON BREACH OF WARRANTY, CONTRACT OR NEGLIGENCE IN CONNECTION WITH THE SALE OF THE PRODUCT EVEN IF NEC COMPUTERS OR ONE OF ITS COMMERCIAL AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME COUNTRIES OR JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY IN THESE SPECIFIC CASES.

ALL EXPRESSED AND IMPLIED WARRANTIES FOR THE PRODUCT, TO INCLUDE BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO THE WARRANTY PERIODS SET FORTH ABOVE AND NO WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WILL APPLY AFTER SUCH PERIOD. SOME COUNTRIES OR JURISDICTIONS DO NOT ALLOW FOR LIMITATIONS ON IMPLIED WARRANTY DURATION, SO THE ABOVE LIMITATIONS MAY NOT APPLY FOR THIS SPECIFIC CASE.

Any previous revisions of the terms and conditions document will be superseded by the latest revision of the NEC Terms and Conditions document. The last or current revision of the Terms and Conditions document produced by NEC will always be the applicable and legally binding document. Please refer to your local NEC Computers Sales office for the latest terms and conditions documentation.

NEC Computers shall not be liable for any failure or delay in performance due to any cause beyond its control. Such circumstances include, but are not limited to, interrupted telephone service, airport closures that interrupt parts delivery, acts of God, labour strikes, and the inability to contact the Client to confirm scheduling.

NEC Computers reserves the right to pass your personal details to third parties, in order to ensure that service is carried out.

Nothing in the NEC Computers Limited Warranty affects the statutory rights of the Client.