Ambir Expedited Service Agreement
Terms and Conditions
1. Support Services.
Under this Ambir Expedited Service Agreement (hereafter referred to as the “ESA”), Ambir Technology, Inc. (“Ambir”), will provide telephone and online technical support and the other services described in these Terms and Conditions and the Ambir ESA NS Form (hereinafter, the “support services”) for each scanner for which Customer has purchased the ESA plan described in this ESA and the Ambir ESA NS Form (hereinafter, the “scanner(s)” or “product(s)”). As used herein, “Customer” refers to an end-user Ambir consumer customer who purchases the ESA plan described in this ESA directly from Ambir or from an authorized Ambir reseller. Customer’s acceptance of this ESA is deemed to occur upon Customer’s purchase of the ESA plan. Benefits under this ESA are in addition to Customer’s rights under applicable consumer protection laws and regulations and the original Ambir Limited Warranty. This ESA shall not prejudice the rights granted by applicable consumer law.
2. Term and Renewal of ESA.
A. Plan coverage under this ESA shall begin on the date Customer purchases the ESA plan described in this ESA and continues through the date that is one year after expiration of the original Ambir Limited Warranty for the product(s) subject to this ESA. The ESA plan cannot be cancelled after purchase.
B. Ambir may renew the ESA plan under this ESA; however, Ambir is not obligated to do so, nor to accept a service plan order, in the event Customer tenders one. Ambir also reserves the right to modify the terms and conditions applicable to any renewal and to change the renewal fees. No renewal of the ESA is available if the time period covered by Customer’s previous ESA(s) in addition to the original Ambir Limited Warranty has reached four (4) years.
3. Non-refundable Fee.
Customer will pay the fee for the ESA plan in full, including all applicable taxes, before the ESA plan will be activated. Such fee is non-refundable. The price of the ESA plan can be found on the original sales receipt as provided by Ambir or an authorized Ambir reseller from whom Customer purchased the ESA plan.
4. Eligibility for Support Services.
A. The ESA plan fee must be paid in full, and the ESA plan activated, prior to the expiration of the original Ambir Limited Warranty term of the product(s) subject to this ESA. Customer must submit the product serial number(s) to Ambir prior to ESA coverage to determine ESA eligibility. Customer should reference the documentation that came with the product(s) for details on the original Ambir Limited Warranty. If requested, Customer should be prepared to submit proof of original purchase when purchasing the ESA plan.
B. Ambir reserves the right to require an inspection of the scanner(s) at Customer’s expense prior to acceptance of this ESA to verify that the scanner(s) have not been modified, are in operable condition and are in good overall working condition.
C. This ESA is non-transferable, and Ambir is not obligated to provide support services if the scanner(s) have been sold to another party from the original owner, lost, stolen, or destroyed. Customer should notify Ambir immediately if the scanner under coverage has been lost or stolen.
D. Once the ESA plan is activated, please contact Ambir directly if the scanner requires repair or troubleshooting by calling the Ambir support line listed in this ESA or contacting Ambir via our online chat service. The Ambir support team is available from 8:00am – 5:00pm central time, Monday through Friday (except Holidays). Support hours are subject to change without notice.
E. For support inquiries, Customer must provide Ambir with the model number and serial number of the scanner(s) along with a detailed description of the problem. An Ambir support technician will provide telephone and web-based diagnostic service to determine whether the scanner requires hardware repair. If repair is required, service will be provided during the term of the ESA in accordance with the Terms and Conditions included in this ESA. If service cannot be provided on the scanner(s) for any reason during the term of the ESA, and Ambir no longer sells the same model, Ambir will replace the scanner with a model of equal or superior value.
F. Coverage provided by the ESA provides two (2) advanced exchanges per year/per scanner covered should product replacement be determined to be the required action by Ambir’s support team.
5. Support Services Provided by Ambir.
If an Ambir technical support technician determines that the scanner has a defect covered by the ESA, Ambir will ship to Customer, in exchange for the defective scanner, a properly functioning replacement unit of the same scanner for arrival within two (2) business days to an address in the continental United States (all requests for support service must be made and processed before 2:00 pm Central Time). At Ambir’s option, Ambir may replace a defective scanner with a different scanner of equal or superior value. Customer is responsible for returning the defective scanner within ten (10) business days of receipt of the replacement scanner. Failure to return the defective scanner will result in the termination of this ESA with no refund or credit provided back to Customer. The replacement scanner may be new or reconditioned with all units thoroughly tested to Ambir specification standards of quality. The returned scanner and its parts and components become the property of Ambir. As part of the ESA plan, Ambir will provide, with no cost to Customer, a return shipping label via email to return the defective scanner back to Ambir. Customer should retain copies of all shipping documentation for a minimum of ninety (90) days to provide to Ambir if requested.
6. Limitations
A. The ESA plan described in this ESA is a supplement to the original Ambir Limited Warranty provided with the scanner at the time of sale. This ESA does not modify the terms and conditions of the original Ambir Limited Warranty.
B. This ESA excludes the following items and services listed below. If needed, Customer agrees to be billed at Ambir’s standard repair and part replacement rates if excluded repairs and parts are necessary to restore the scanner to working condition and to pay such charges via credit card to Ambir. Services and parts excluded from this ESA are:
I. On-site or in-home service or repair of the scanner(s).
II. Service, maintenance, repair, or replacement necessitated by any loss or damage resulting from any cause other than normal usage, including, without limitation, any damage due to misuse, abuse, use outside of the specifications, improper installation or maintenance, improper packing or shipping, disasters such as fire, flood, lightning, improper electrical currents, software problems, or interaction with non-Ambir products.
III. Replacement of missing parts, the provision of retrofits, or preventative maintenance.
IV. Installation or removal of accessory retrofits, peripheral equipment or computer systems of which the scanner(s) may be a part of.
V. Service or repair of scanner covers, trays, lids or other non-operational or cosmetic components, consumables, and appearance parts or interior or exterior finishes.
VI. Service or repair by someone other than Ambir.
VII. Service or repair on scanner(s) purchased or used outside the United States.
VIII. Service or repair of scanner(s) on which the Ambir label or logo or the FCC label or serial number have been defaced, removed or altered.
IX. Service or repair on products or parts not manufactured and sold by Ambir.
C. If Customer authorizes Ambir to perform any services excluded under this ESA, Customer agrees to pay the usual and customary fees for such work.
D. If a claimed defect or issue cannot be identified or reproduced by Ambir’s technicians, Customer agrees to pay for costs incurred to repair the scanner(s).
7. Assignment.
Customer may not assign or otherwise transfer its rights or obligations under this ESA without the prior and express written consent of Ambir.
8. Limited Warranty.
Ambir warrants that the support services under this ESA will be performed using reasonable care and skill in accordance with the description of the tasks specified in this ESA for the applicable Ambir support services. Customer agrees to provide timely written notice of any failure to comply with this warranty.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, AMBIR PROVIDES A LIMITED WARRANTY AGAINST DEFECTS IN HARDWARE MATERIALS AND WORKMANSHIP FOR 90 DAYS AFTER RETURN OF THE AMBIR PRODUCT TO CUSTOMER OR FOR THE REMAINING TERM OF THIS ESA, WHICHEVER IS LONGER FOR REPLACEMENT PARTS AND/OR PRODUCTS PROVIDED TO MAINTAIN AMBIR HARDWARE PRODUCTS SERVICED UNDER THIS ESA. AMBIR WILL ONLY UTILIZE AMBIR REPLACEMENT PARTS AND/OR PRODUCTS WHICH WILL BE SUBJECT TO AMBIR’S WARRANTY. AMBIR DOES NOT PROVIDE ANY WARRANTY OR CONDITIONS OF ANY KIND FOR SUPPORT SERVICES FOR AMBIR SOFTWARE OR THIRD PARTY PRODUCTS. ANY SUPPORT SERVICES FOR AMBIR SOFTWARE OR THIRD PARTY PRODUCTS IS PROVIDED “AS IS.” IF AMBIR RECEIVES NOTICE OF DEFECTIVE REPLACEMENT PARTS AND/OR PRODUCTS DURING THE TERM OF THIS ESA, AMBIR WILL, AT ITS OPTION, REPAIR OR REPLACE THE REPLACEMENT PARTS AND/OR PRODUCTS THAT PROVE TO BE DEFECTIVE. THE ABOVE WARRANTY IS EXCLUSIVE AND NO OTHER WARRANTY, WHETHER WRITTEN OR ORAL, IS EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, AMBIR SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON THE DURATION OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATION MAY NOT APPLY TO CUSTOMER.
Ambir does not warrant uninterrupted or error-free operation of a support service or that Ambir will correct all defects.
9. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMIT OF AMBIR’S AND ITS EMPLOYEES’, AGENTS’ AND AFFILIATES’ LIABILITY TO CUSTOMER ARISING UNDER THE ESA PLAN SHALL NOT EXCEED THE ORIGINAL PRICE PAID FOR THE ESA PLAN. FOR ANY BREACH OF THIS ESA BY AMBIR, CUSTOMER’S REMEDY AND AMBIR’S LIABILITY WILL BE LIMITED TO A REFUND OF PRICE PAID FOR THIS ESA FOR THE AMBIR PRODUCTS AT ISSUE. AMBIR WILL NOT BE LIABLE FOR PERFORMANCE DELAYS OR FOR NONPERFORMANCES DUE TO ACTS OF GOD, STRIKE, GOVERNMENTAL ACTION, PANDEMIC OR ANY OTHER CAUSE BEYOND AMBIR’S REASONABLE CONTROL, INCLUDING WHEN PRODUCT OR PARTS ARE NOT AVAILABLE. EXCEPT AS INDICATED HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AMBIR, ITS EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL (INCLUDING DOWNTIME COSTS OR LOST PROFIT), OR OTHER DAMAGES ARISING OUT OF SERVICE PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF OR DAMAGE TO DATA, ANY LOSS OF BUSINESS, REVENUE OR ANTICIPATED SAVINGS, EVEN IF AMBIR HAS ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL APPLY REGARDLESS OF THE FORM OF ACTION. IN NO EVENT WILL ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS ESA OR THE UNDERLYING TRANSACTION BE BROUGHT AGAINST AMBIR MORE THAN SIX (6) MONTHS AFTER TERMINATION OF THIS ESA AND ANY EXTENSION THEREOF, UNLESS OTHERWISE REQUIRED BY APPLICABLE LOCAL LAW.
THE BENEFITS CONFERRED BY THIS ESA ARE IN ADDITION TO ANY RIGHTS AND REMEDIES PROVIDED UNDER CONSUMER LAWS AND REGULATIONS. TO THE EXTENT THAT LIABILITY UNDER SUCH LAWS AND REGULATIONS MAY BE LIMITED, AMBIR’S LIABILITY IS LIMITED, AT ITS SOLE OPTION, TO REPLACEMENT OR REPAIR OF THE COVERED PRODUCT OR SUPPLY OF THE SERVICE. AS SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OR ALL OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO CUSTOMER.
THIS LIMITATION SHALL APPLY REGARDLESS OF THE FORM OF ACTION. ANY ACTION FOR BREACH OF THIS ESA MUST BE BROUGHT WITHIN SIX (6) MONTHS OF TERMINATION OF THIS ESA AND ANY EXTENSION THEREOF UNLESS OTHERWISE REQUIRED BY APPLICABLE LOCAL LAW WITHOUT THE POSSIBILITY OF CONTRACTUAL WAIVER OR LIMITATION.
10. General.
A. This Agreement, together with the original Ambir Limited Warranty, original ESA sales receipt and Ambir ESA NS Form received with the purchase of the ESA plan, is the complete and exclusive Agreement between Ambir and Customer. No Ambir employee or other person is authorized to make any representations or statements, which are inconsistent with this ESA. Any such representations or statements are void.
B. In the event that any provision of this ESA is held to invalid, illegal or unenforceable, such provision shall be interpreted to the maximum extent to which it is valid, legal and enforceable, and the remaining provisions of the ESA will remain in full force and effect without being impaired or invalidated in any way.
11. Governing Law.
Any controversy or claim arising out of or relating to this ESA, or the breach thereof, shall be settled by arbitration in Cook County, Illinois, before a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator’s decision shall be final and binding. Neither party shall assert, participate in, or join class action or representative action claims against the other in arbitration or otherwise; a party shall only submit its own, individual claims in arbitration and not seek to represent the interests of any other person or entity. The arbitrator shall have no authority to decide any class or representative claim. This ESA shall be construed in accordance with the laws of the State of Illinois, except for the arbitration clause, which shall be enforced pursuant to the Federal Arbitration Act.