I. OUR PREMIUM WARRANTY PACKAGE
1. Under Our Premium Warranty Package You will receive the following benefits:
(a) You will get preferred access and service through Our Wacom Technical Support Team for faster diagnosis and repair; and
(b) if Our Wacom Technical Support Team are unable to diagnose and repair the Breakdown to Your Product over the phone We will exchange Your Product, at Our discretion, with a new, rebuilt or refurbished Product of equal or similar features and functionality, (which may not be the same model or colour as the original Product). Where the Breakdown only relates to a Product Part, We reserve the right to exchange only the Product Part.
2. Any exchanged Product will have the benefit of the Premium Warranty Package during the remainder of the Service Period. The period of the Service Period does not re-start from the time of delivery of the exchanged Product for a further period of the Service Period.
3. After the Service Period expires, We may offer You the option to renew Your Agreement. If We offer to renew Your Agreement, the renewal price quoted will reflect the age of the Product and the prevailing Product replacement cost at the time of the renewal.
4. The benefits that Wacom Australia Pty Ltd provides to consumers under this WACOM Premium Warranty Package are in addition to any other rights or remedies the consumer may have in respect of these goods (Wacom Products) or services under the Australian Consumer Law.
II. 30 DAY MONEY BACK GUARANTEE
1. If You do not agree with any of the terms in this Agreement and You have not used the Agreement to exchange Your Product, You may cancel this Agreement within 30 days of the date when You purchased Your Premium Warranty Package by calling [insert phone number] or by providing written notification of the cancellation request and We will provide You with 100% refund of the price paid by You for this Premium Warranty Package. We will not provide any refunds for cancellations after that time.
III. WHEN ARE YOU ENTITLED TO THE BENEFITS OF THE WACOM PREMIUM WARRANTY PACKAGE
1. You are entitled to the benefits of the Premium Warranty Package for Your Product under this Agreement provided:
(a) You have purchased the Product as new (without defects or other known blemishes) from Wacom or an authorised Wacom Reseller in Australia.
(b) You have purchased the Premium Warranty Package for that Product from Wacom or an authorised Wacom Reseller in Australia within 30 days of the date You purchased the Product.
(c) Your ship to/from address must be in Australia at the time of the shipment.
(d) You provide Us with a Proof of Purchase of the Product and the Premium Warranty Package, and/or Your Welcome Letter.
(e) The Product is a Product that Wacom has determined is an eligible Product. This list of eligible Products is available at [Web address]. If Your Product is not on this list You can contact the entity that sold You the Premium Warranty Package immediately and seek a refund.
This will terminate Your Agreement.
(f) The Product (or any exchanged item We may provide You with under this Agreement) suffers a Breakdown during the Service Period;
(g) None of the exclusions set out in Section IV apply; and
(h) You follow the process for making a Service Request under Section V during the Service Period, including the obligation to send Us back
Your original Product in the packaging that We used to send to the exchanged Product to You.
IV.WHAT IS EXCLUDED
The benefits of the Premium Warranty Package for Your Product are excluded where:
1. The defect in the Product is caused by You or was known by You prior to purchasing this Premium Warranty Package.
2. The Breakdown has been caused by:
(a) normal wear and tear;
(b) any improper use or handling of the Product. The proper use and handling of the Product is set out in Wacom’s Product Information which is located online at: http://www. wacom.com/en-Us/support/product-support/warranties;
(c) Accidental Damage;
(d) modifications, adjustments, alterations, manipulation or repairs made by any retailer or service provider who is not authorised by Wacom to make repairs;
(e) any product, service or data source not sold by Wacom;
(f) any cause beyond Our control, including failure to maintain or place the Product according to the Product Information, vandalism, theft,
fire, flood, storm, wind, freezing, animal or insect infestation, rust, dust, any type of corrosion, inadequate power supply, unusual atmospheric conditions, acts of war or Acts of God.
3. The defect or failure is to any Accessory.
4. The damage is cosmetic (meaning damages or changes to the physical appearance of the Product that do not impede or hinder the normal operational function, such as scratches, abrasions, or changes in colour, texture or finish) or structural imperfections (when they do not impair the overall features and functions of the Product).
5. The problem is caused by battery degradation, as the battery life is not warranted and will vary depending on Product configuration and usage. However if the battery is defective because of a manufacturing defect, this is included in the Premium Warranty Package.
6. There is battery failure that has been caused by:
(a) the battery being charged by a battery charger not specified or approved by Wacom in its Product Information;
(b) the battery being discharged excessively and the internal protection circuit has been activated,
(c) any of the seals on the battery being broken or showing evidence of tampering; or
(d) the battery being used in equipment other than the original Product.
7. The Product has had its serial numbers removed, altered or damaged.
8. Providing the services under this Agreement would violate any U.S. or Australian economic or trade sanctions or laws.
V. HOW TO MAKE A SERVICE REQUEST
1. Where You wish to make a Service Request under this Agreement You must follow the process in this section.
2. If You find a defect in the Product, You must first try to fix the defect using the assistance described in the Product Information and/or in the self help support section of Wacom’s website http://support.wacom.com.
3. If this proves unsuccessful, You must contact Wacom’s Technical Support Team at http://support.wacom.com or toll-free at AU 1300 292 266 or NZ 0800 492 266 during Our hours of operation 9am - 5pm AEST. For the best service, please ensure that You have the serial number for the Product, the Agreement number and a description of the defect (including any error message) ready when You call. The Wacom Technical Support Team will attempt to diagnose and remedy the defect over the phone with You. If We request it, You must give Us remote access to Your Product in order to enable us to assist You.
4. If We are unable to remedy the defect over the phone and We believe that You are entitled to the benefits under this Agreement, We will issue You with an Return Material Authorisation (RMA) and promptly ship You an exchange unit (Product and/or Product Part as applicable). You (or someone You nominate) must be available to personally accept the exchanged unit from Our pre-paid courier when Our courier comes to deliver it to You (or You, or someone You nominate, will have to collect it from the local collection point that Our courier will leave it at for Your collection).
5. Wacom will provide shipping instructions on how to return the defective unit to Wacom. You must re-pack the defective unit into the packaging in which the exchange Product/Product Part was delivered to You (this packaging has a return address and pre-paid courier label) and arrange for Our courier to collect it from You within 14 days of receipt of the exchanged Product. You, or someone You nominate, must be available to personally hand the package to Our pre-paid courier when Our courier comes to collect it from You.
6. If the defective unit is not returned to Wacom within 14 days of confirmed delivery receipt of the exchanged Product/Product Part, You will be invoiced a non-returned device fee equal to the then current suggested retail price of the replacement Product and/or Product Part, as applicable, which You must pay within 7 days of the date of Our invoice to You. If You fail to comply with Your obligations under this paragraph, in addition to Our rights to recover the non-returned device fee, We may cancel this Agreement upon written notice to You.
7. We will retain and own any Product or Product Part that is sent to Us for exchange.
8. You must not send us any Accessory, as Accessories are not covered by this Premium Warranty Package. We take no responsibility for their custody, care or return.
VI. SPARE PARTS AND REPAIR FACILITIES
1. We guarantee that We will have spare parts available for the repair of an eligible Product under this Agreement for a minimum period of 12 months from the date of purchase of the Product. We may have the spare parts for a longer period, but this is not guaranteed.
2. We guarantee that We will have facilities to repair an eligible Product under this Agreement (which may include an exchange) for the Service Period of Your Premium Warranty Package.
VII. ABOUT DATA
In accordance with Regulation 91 of the Australian Consumer Law, Wacom gives You notice that if Wacom repairs goods that are capable of retaining user-generated data, (e.g. computer hard drives, mobile phones, portable media players, games consoles, USB memory sticks), then Wacom provides notice that the repair of the goods may result in the loss of the data.
1. You are responsible for backing up all software and data in Your Product and any Accessories on a regular basis.
2. If it is possible to do so, You must:
(a) take a full back up of all software and data that is on Your Product and any Accessories; and
(b) protect, secure or remove all data, including confidential, proprietary or personal information (that is protected by any privacy law, including the Privacy Act 1998 (Cth)) that is on Your Product, including passwords, contacts, email, pictures or calendars. (You should consult the Product Information to learn how to erase, secure or remove such content) before:
(c) making any request to Wacom to assist with a Breakdown or other issue; or
(d) sending the Product to Us.
3. We are not responsible for any loss, corruption, deletion or retrieval of any software or data, or any consequences of any loss, corruption, deletion or retrieval of software or data that may occur as a part of this Premium Warranty Package, to the maximum extent permitted by law.
4. This Agreement does not cover the transfer of any software or data that was on Your Product to any exchanged unit that may be provided to You.
5. You must not disclose to Us, at any time, any data that is confidential or is personal information (that is protected by any privacy law, including the Privacy Act 1998 (Cth)) unless You have the relevant person’s informed consent to do so and it is essential to enable Us to perform Our obligations under this Agreement.
6. Wacom may be required by law to disclose certain information about You, Your Product or the data that is on it, to the Government, regulatory bodies or enforcement agencies, including the police. If this occurs We will disclose the required information to the relevant Government, regulator or enforcement agency, and follow their instructions as to how to deal with Your Product and the data. We may also terminate this Agreement immediately.
VIII. LIMITATION OF LIABILITY
1. Where Wacom is entitled to a statutory guarantee under clauses 54 to 59 of the Australian Consumer Law then to the extent that Wacom fails to comply with such statutory guarantee, Wacom’s liability for a failure to comply with such statutory guarantee is limited to one or more of the following, at Wacom’s option:
(a) the replacement of the goods or the supply of equivalent goods;
(b) the repair of the goods;
(c) the payment of the cost of replacing the goods or of acquiring equivalent goods;
(d) the payment of the cost of having the goods repaired, unless it is not fair or reasonable for Wacom to rely on this term of the agreement.
2. Where Wacom is entitled to a statutory guarantee under clauses 60 to 62 of the Australian Consumer Law then to the extent that Wacom fails to comply with such statutory guarantee, Wacom’s liability for a failure to comply with such statutory guarantee is limited to one of the following, at Wacom’s option:
(a) supplying the services again; or
(b) payment of the cost of having the services supplied again, unless it is not fair or reasonable for Wacom to rely on this term of the agreement.
3. To the extent permitted by law, and subject to Section VIII Subsections 1 and 2, Wacom is not liable to You in contract, tort (including negligence), breach of statutory duty or otherwise in respect of any loss, damage, cost or expense arising out of or in connection with this Agreement, that:
(a) is an indirect, consequential loss, special, punitive or exemplary damages, even if Wacom has been advised of, knows of, or should have known of the possibility of such loss, damage or expense;
(b) is for any lost profits, lost revenue, failure to realise expected savings, losses arising from business interruption or loss of goodwill;
(c) is for loss, corruption, deletion or retrieval of any software or data, where You have not complied with any of Your obligations under Section VII of this Agreement;
(d) is for loss of, or damage to, any Accessory;
(e) is for any loss, damage, expense or liability in relation to any breach of confidential information or breach of privacy arising from any data that was in Your Product when:
(i) You were being assisted by Our Wacom Technical Support Team; or
(ii) the Product is under Our custody or control (including when it is in transit to/from Our Wacom Service Centre);
(f) is for loss or damage to tangible property arising out of the operation, maintenance or use of the Product;
(g) is for death or personal injury (including sickness), to any person arising out of the operation, maintenance or use of the Product;
(h) exceeds the combined price that You paid of the Product and the Premium Warranty Package for that Product.
IX. CANCELLATION AND TERMINATION
1. You may terminate this Agreement immediately at any time by calling [insert phone number] or by providing written notification of termination if We are in breach of any obligation under this Agreement, and have not remedied it within 10 days of notice (or verbal request the details of which are recorded in Our support system by Our Wacom Technical Support Team) from You.
2. You may also terminate this Agreement in accordance with Australian Consumer Law, in which case We will refund to You the price You paid for the Premium Warranty Package. If You terminate this Agreement in accordance with Australian Consumer Law, You may also be entitled to terminate the contract for sale of the Product to which the Premium Warranty Package is connected. In this case:
(a) You must return that Product to the person who sold it to you and seek a refund of the purchase price; and
(b) where Wacom sold you the Product, We will pay the refund of the purchase price directly to you; or
(c) where an authorised Wacom Reseller in Australia sold the Product to You, We will inform the authorised Wacom Reseller of Your entitlement to receive a refund of the purchase price from them and authorise them to provide You with a refund.
3. We may terminate this Agreement immediately by giving You notice if:
(a) You have not paid for the Product or Agreement in full at the time of purchase or You have rescinded payment (including by means of a charge back on Your credit card);
(a) You are in breach of any obligation under this Agreement where We have an express right to terminate the Agreement as a result of that breach;
(b) You are in breach of any obligation under this Agreement, and have not remedied it within 10 days of notice (or verbal request from Our Wacom Technical Support Team) from Us.
X. GENERAL PROVISIONS
1. Personal Contract. This Agreement is personal to You any You must not transfer, assign, sell or gift it anyone.
2. Subcontracting and Assignment. We may subcontract, transfer or assign performance of Our obligations to third parties, but We shall not be relieved of Our obligations to You if We do so.
3. Waiver and Severability. If any part of this Agreement is determined to be invalid, illegal or unenforceable by any court or competent authority, such part will be severed from the remainder of the Agreement and the remaining provisions will continue in force. If any invalid, unenforceable or illegal provision of this Agreement would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable. No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
4. Notices. You expressly consent to be contacted, for any and all purposes in connection with this Agreement, at any telephone number, or physical or electronic address You provide Us. Unless stated otherwise, all notices or requests relating to this Agreement must be in writing and may be sent by any reasonable means including by post, email, facsimile or express courier. Notices to You are deemed to be delivered:
(a) on the business day that they were sent by email or fax, when sent to You by email or fax to any address or number that You provided to Us;
(b) 3 business days after posting to the street address You provided; or
(c) 2 business day after the date when it was sent by express courier.
If either of us wants to send a notice under the Australian Consumer Law, that party can send a notice in accordance with Australian Consumer Law.
5. Agreement. This Agreement records the entire agreement between the parties in relation to its subject matter. The Agreement supersedes all previous negotiations, understandings or agreements in relation to the relevant subject matter. The parties agree to use electronic means to conduct business sunder this Agreement, including making amendments to it. No amendment to this Agreement, nor any waiver of any obligation or right under this Agreement, is binding on Wacom unless it is signed by a Director of Wacom.
6. Governing Law. This Agreement will be governed by the laws of the New South Wales, Australia, without regard to its conflict of law principles. The parties submit to the exclusive jurisdiction of the court in the New South Wales, Australia.
In this Agreement, the following words and phrases have the meaning set out below:
1. Accessory: is any item that is supplied to operate with a Product but is not a Product Part (such as cables other than power cables, key pads, stands, express key remotes, adaptors, attachments, peripherals and carry cases and any consumable (such as nibs)), that is purchased in connection with the Product.
2. Accidental Damage: damage to the Product that is caused by accident, including damage caused whilst handling the Product, dropping the Product, spilling liquids on the Product, items falling onto the Product or other causes that Wacom reasonably believes are accidental.
3. Agreement: this document and the details of the Product, Service Period and the entity (the reseller or Wacom), through whom You purchased the Premium Warranty Package as set out on Your Proof of Purchase or Welcome Letter.
4. Australian Consumer Law: is Schedule 2 to the Competition and Consumer Act 2010 (Cth).
5. Breakdown: the mechanical and/or electrical failure of Your Product to perform its functions and features in accordance with the Product Information in a material respect.
6. Product(s): the Product (including any Product Part for that Product) that You originally purchased, as set out on Your Proof of Purchase or Welcome Letter, or at Our discretion, any exchanged item that is provided by Us, that are the subject of this Agreement.
7. Product Information: Wacom’s documentation for the Product that describes the features, functions and uses of the Product, located online at: http://www. wacom.com/en-Us/support/product-support/warranties.
8. Product Part: is any competent of the Product that is not an integrated into the body the Product that is designated by Wacom as being a component of the Product and not an Accessory, for example a Product Part would include the power cable and power adaptor. A Wacom pen is also deemed to be a Product Part.
9. Proof of Purchase: the original purchase receipt provided at the point of sale that confirms the date of purchase of the Product or Premium Warranty Package, as applicable, the Service Period, the Product, the Agreement number and the entity (the reseller or Wacom) from whom You purchased the Product or Premium Warranty Package, as applicable, or such other documentation that Wacom may accept in its discretion.
10. Service Period: the period from the date of Your purchase of the Product for the period set out on Your Proof of Purchase or Welcome Letter.
11. We, Us, Our: Wacom Australia Pty Ltd ABN 55 113 989 389, the party that is obligated to provide the services under this Agreement.
12. Welcome Letter: Our communication to You that welcomes You to Our service and confirms certain information about the service that You agreed to at the time of purchase, including the date of purchase, the Service Period, the Product(s), the serial number of the Product, the Agreement number and the entity (the reseller or Wacom) from whom You purchased the Service.
13. You, Your: the purchaser of the Product(s) that are the subject of this Agreement.
14. Includes, including, for example, e.g., i.e., or similar words or phrases, are not words of limitation.