Effective as of June 15, 2021, the following are the JPW TotalCare (“TotalCare”) Service Terms and Conditions (the “Service Terms”) between Customer (also referred to as “you” or “your”) and JPW Associates (“JPW”) for TotalCare Service for the products described in your purchase order and JPW’s Sales Order (as hereinafter defined) or in your TotalCare Service Agreement (the “Products”).
Reference to the “Agreement” means the TotalCare Service Agreement to which these terms are attached or the sales order (the “Sales Order”) issued by JPW accepting your purchase order for TotalCare Service together with these Service Terms. These Service Terms shall govern and supersede all other terms and conditions, other than relating to Product description, quantity, price or time period of coverage, in any document, including any purchase order, issued by Customer, unless otherwise expressly agreed to in writing by JPW. The commencement date, Specific Exclusions (as hereinafter defined), term, and the Product(s) for which you have purchased service are recorded on the Sales Order which JPW has issued based on your purchase order. Products not identified on the JPW Sales Order are not covered. The Service Terms in effect as of the date JPW issues its Sales Order shall govern and your payment of the fee constitutes your acceptance of the Service Terms. The term “Working Day” in this Agreement means weekdays (i.e., Monday through Thursday) excluding Fridays and all recognized national holidays, the working days the week of or directly following the 4th of July, the Friday after Thanksgiving, and all weekdays from and including the day before Christmas through and including the day prior to New Years Day.
- PRODUCT COVERAGE. This Agreement only covers the hardware of the Product(s) that is(are) (a) (i) purchased as new by you in a standard configuration(s) at the time of purchase, or (ii) is otherwise deemed eligible by JPW for TotalCare Service, in accordance with “Section 6(b). Product Eligibility”, and (b) in either case of (a)(i) or ii), is identified by their individual serial numbers on JPW’s TotalCare Service Sales Order, subject to these Service Terms. This Agreement does not cover any data storage options, software (including without limitation firmware), any additional items or components or any components not otherwise expressly identified as covered, regardless of whether any of the foregoing were sold by or through JPW or one of its third party reseller partners. The TotalCare Service will be provided by JPW or its authorized service providers.
- DIAGNOSIS OR TROUBLESHOOTING REQUIRED. Diagnosis or troubleshooting is required prior to receiving TotalCare Service under this Agreement, and following the diagnostic and troubleshooting steps described below in “Section 6. CUSTOMER RESPONSIBILITIES –HOW TO USE YOUR SERVICE” are essential in resolving your issue. Those steps may require more than one call or an extended session, and you may be asked to access the inside of your Product where safe to do so. If your Product’s issue is covered by JPW’s Limited Warranty and is not resolved remotely, then following completion of diagnosis or troubleshooting, service will be performed as described in these Service Terms.
- LIMITS OF TOTALCARE SERVICE. This Agreement extends only to uses for which the Product was designed. JPW agrees to provide only the repair services that are necessary to address the Product issues described in these Service Terms. The following are not covered by this Agreement: preventive maintenance; installation, de-installation, or relocation services; operating supplies; and repairs necessitated by software problems or as a result of alteration, adjustment, or repair by anyone other than JPW (or its authorized representatives). JPW is not liable for any failure or delay in performance due to any cause beyond JPW’s control. In addition, JPW is not obligated to service or repair any Product or Product component in the following instances:
- Damage resulting from an accident, except for a Covered Accident (defined below);
- Damage from misuse, or abuse of the Product or component (such as, but not limited to, use of incorrect line voltages, incorrect fuses, or incompatible, defective or inferior devices, supplies or accessories; improper or insufficient ventilation; failure to follow operating instructions; or exposure to environmental conditions for which the Product is not intended);
- Damage resulting from an act of God (such as but not limited to, inclement weather, lightning, floods, tornado, earthquakes, and hurricanes) or external causes beyond your control (such as, but not limited to, fire, or failure or fluctuation of electrical power or air conditioning);
- Cosmetic damage;
- Normal use, wear and tear of consumable parts, supplies and accessories that are not explicitly designated as Products on the Service Order (for example, batteries, antennas and handstraps);
- The loading of software, software configurations or any data files;
- The moving of the Product from one geographic location to another or from one entity to another; or
- Where JPW determines there is no trouble found (e.g., the error cannot be re-created).
Further, JPW shall not be obligated to service or repair Products delivered to JPW’s facility using procedures other than those set forth herein. JPW shall not be responsible for damage caused during transit of the Product by the carrier.
JPW may, in its sole discretion (but it shall not be obligated to), perform any service that is not covered under this Agreement, and if JPW elects to perform such service and you provide authorization, whether written or oral, you will be responsible for the payment of an additional charge to cover such service.
- JPW RIGHTS TO CANCEL TOTALCARE SERVICE CONTRACT. JPW reserves the right to cancel this TotalCare Service Agreement or its TotalCare Service program if JPW determines that it is not economically or commercially feasible to continue with this Agreement due to factors beyond JPW’s commercially reasonable control. In such case, JPW shall provide you with ninety (90) days notice of cancellation and shall determine, in its sole discretion, the equitable adjustment, if any, for your cost of the cancelled TotalCare Service. Such adjustment may be a refund for the remaining portion of this Agreement or a credit for future purchases of JPW products. If JPW cancels this TotalCare Service Agreement or its TotalCare Service Program, in no event shall you be entitled to anything more than a prorated refund of the fee you paid for TotalCare Service under this Agreement.
- SCOPE OF SERVICES. The TotalCare Service only covers the Product issues described herein. Product issues attributable to software are not covered by TotalCare Service.
- JPW Obligations. Subject to these Service Terms:
- JPW will accept, subject to these Terms and Conditions, your service requests for Products covered by TotalCare Service, will evaluate the Product to determine the repair services required, and will endeavor to restore the Product in good working order.
- Products will be serviced within five (5) Working Days of their receipt, and in JPW’s sole discretion, JPW may provide a loaner Product upon customer’s request (see Section 7 below), and may provide a one-time free internal battery replacement per covered Product.
- Accidental (i.e., unintentional) damage to a Product caused while the Product is being used by, or is in the possession or control of, the individual user of the Product (a “Covered Accident”) will be covered, unless: (a) the damage is too extensive to repair, (b) the damage relates to components that are not otherwise covered, or (c) the damage occurs more than once to the same Product during the term of the Agreement.
- Parts replaced under TotalCare Service will be furnished on an exchange basis and become the property of JPW. TotalCare Service does not provide for, and JPW does not assure, uninterrupted operation of the Product.
- JPW shall not be responsible for failure or delay in providing TotalCare Service if such failure or delay results from strikes, labor disputes, accidents, fire, explosions, floods, storms, acts of God, or other causes beyond JPW’s commercially reasonable control.
- TotalCare Service Exclusions. TotalCare Service provided by JPW under these Service Terms does not include:
- General Product Exclusions.
- As to all Product, repair of damage, replacement of parts or increase in service time caused by any of the following:
- the use of the Product in a manner or for a purpose other than that for which the Product was designed;
- the use of supplies not prescribed by JPW;
- accidents (except for a Covered Accident) and events of force majeure (including, but not limited to fire, explosions, floods, storms and acts of God);
- repairs, replacements or maintenance performed by persons other than JPW or one of its authorized service providers; neglect; misuse of the Product; use of parts or attachments that have not been supplied by JPW or that are otherwise not recommended for field replacement by JPW; or operator error or negligence.
- Main batteries, antennas, chargers, cradles or other ancillary devices, unless otherwise designated as a Product on your Sales Order; or
- For the Product equipped with a hard disk, any mobile part of the hard disk.
- As to all Product, repair of damage, replacement of parts or increase in service time caused by any of the following:
- Specific Product Exclusions. Other exclusions that are explicitly recorded on your Sales Order (“Specific Exclusions”).
- General Product Exclusions.
- JPW Obligations. Subject to these Service Terms:
Service required in respect to any of the foregoing exclusions, as well as those not covered by these Service Terms, may be provided by JPW, if practical and in JPW’s sole discretion, at JPW’s time and material rates then in effect.
- CUSTOMER RESPONSIBILITIES –HOW TO USE YOUR SERVICE. To receive TotalCare Service, you must comply with the following:
- Have a Valid TotalCare Service Contract. Your payment for TotalCare Service must be received by JPW within 30 days of the date of invoice, unless otherwise agreed to by JPW. If you fail to make any payment when due, JPW may charge you a late fee of 1.5% per month on the unpaid amount. JPW may also immediately cancel this Agreement and your TotalCare Service and you will not be entitled to a refund and/or services.
- Product Eligibility.
- Service for a Product must be requested during the term of the TotalCare Service Agreement applicable to the Product.
- JPW shall not be obligated to accept, renew or reinstate Products for TotalCare Service, except on such terms and conditions, including without limitation, fees, as both you and JPW agree. Renewal or reinstatement of TotalCare Service for any Product is at JPW’s sole discretion. Generally, (a) JPW will accept a Product for its first TotalCare Service Agreement (i) if the first term of coverage is to commence no later than immediately upon the expiration of the original equipment manufacturer’s (“OEM”) warranty, or (ii) if the OEM warranty had expired, JPW may require inspection and/or payment of additional fees; (b) JPW will renew a Product’s TotalCare Service prior to the expiration of the current term of the its TotalCare Service; and (c) if the TotalCare Service coverage had lapsed, JPW may require inspection and/or payment of additional fees in order to reinstate TotalCare Service for the Product.
- If JPW learns that a Product was mistakenly accepted for TotalCare Service because JPW did not, in spite of its good faith efforts, correctly identify the existing status of the Product’s OEM warranty coverage or TotalCare Service coverage , JPW may cancel the TotalCare Service for the Product in which event JPW shall refund the full amount paid for the entire term for the cancelled Product.
- Software/Data Backup. You are solely responsible for backing-up all existing data, software and programs on affected Products before receiving service (including telephone support) or shipping Product back to JPW. JPW WILL HAVE NO LIABILITY FOR LOSS OF DATA, SOFTWARE OR PROGRAMS OR THE USE OF PRODUCTS RESULTING FROM THE LOSS THEREOF. You understand and agree that under no circumstances will JPW be responsible for any loss of software, programs, or data, even if technicians have attempted to assist you with your backup, recovery or similar services. Any such assistance is beyond the scope of the TotalCare Service and may be provided in JPW’s sole discretion, without any guarantee or warranty of any kind. JPW does not provide any guarantee or warranty of any kind with respect to any third-party product that a technician may use in attempting to assist you.
- Requesting Service. When requesting TotalCare Service, be prepared to provide the following information:
- Product brand name, product type, model number and serial number;
- Your Sales Order number, ship to address, office phone and/or cell phone numbers;
- Mobile device, phone, or SIM card number;
- Current version of the operating system on the affected Product;
- Brand names and models of any peripheral devices (such as a modem) attached to the Product;
- The error message received and when it occurs;
- What tasks or functions were being processed or implemented when error occurred; and
- What steps, if any, were taken to solve the problem.
- Cooperate with the Technician. Many Product problems and errors can be corrected over the phone with close cooperation between the user and the JPW technician. Listen carefully to the technician and follow the directions.
- Mail-In Procedures. If the JPW technician is unable to resolve the problem over the phone and determines that mail-in service is necessary, the following standard procedures apply. JPW’s Return Material Authorization (“RMA”) coordinators will assign RMA numbers, track repair status and price repairs. JPW cannot accept Products that are not returned in accordance with these shipping instructions:
- Complete the RMA Form. This form can be found at the following URL; https://repairs.jpwtechnologies.com. Once submitted and approved by JPW, your RMA confirmation page will be sent to the email provided. Print the RMA confirmation for inclusion with the packaging.
- Package the Product. You are responsible for ensuring that the Product is properly packaged; you bear the full risk for loss or damage to the Product until received by JPW. Pack the Product in its original shipping carton and materials, if possible, making sure to include your RMA confirmation page. If the original shipping carton and materials are not available, then pack the Product in a shipping carton large enough to accommodate the Product and packing material sufficient for safe and secure shipment of the Product.
- Display the Return Authorization Number. Print the RMA number clearly and conspicuously on the outside of the packaging.
- Other Shipping Precautions. Do not send manuals or any options with the Product including communication/charging cradles, wall chargers, or any peripherals not related to the failure mode of the Product. Prior to shipping, you must remove the options and components from the Product as instructed by the JPW technician. When returning a Product (including but not limited to a mobility Product such as a tablet) for replacement (not for repair), unless otherwise directed by your JPW technician, do not include parts not sent to you for replacement (SIM card, memory card, etc.). JPW will not be responsible for any data or voice charges incurred as a result of your failure to remove all SIM cards inside Products shipped to JPW.
- Shipping. Ship the Product pre-paid and insured against loss or damage. Unless instructed otherwise by an RMA coordinator, ship your package to the following address:
11 E. Taylor Avenue
Audubon, NJ 08106
Attention: RMA NUMBER
- LOANER PRODUCT. If JPW decides, at its sole discretion, to provide you a loaner product (“Loaner”), the following additional terms apply:
- You must use the Loaner only in the same regular working conditions applicable to the original Product.
- You must handle the Loaner with care and as required for the original Product and not modify its look or functionality.
- You must return the Loaner within five (5) Working Days after you receive the return of the original Product. You must ship the Loaner to JPW in a prepaid and insured package, using a carrier that will assure delivery within five (5) Working Days.
- JPW reserves the right to charge you a rental fee equal to the rate of ten percent (10%) of the then annual fee for TotalCare Service for each day that the Loaner is late in being returned. Such fee may be waived by JPW, in its discretion, if you provide JPW with advance notice of the delay and the reason therefor.
- Limitation of Liability and Remedies. Your exclusive remedy and JPW’s entire, collective liability in contract, tort or otherwise, under this Agreement is the repair of the defective Product or components in accordance with this Agreement. If JPW is unable to make such repair, your exclusive remedy and JPW’s entire liability will be the payment of actual damages not to exceed the charge paid by you to JPW for the TotalCare Service for the subject defective Product or, if no charge was paid, the then current published charge for the service under this Agreement. TO THE GREATEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL JPW BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, EXPENSES, COST, PROFITS, LOST SAVINGS OR EARNINGS, LOST OR CORRUPTED DATA, OR OTHER LIABILITY UNDER ANY THEORY OF CONTRACT, TORT, PRODUCT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR OUT OF THE SERVICE, INSTALLATION, DE-INSTALLATION, USE OF, OR INABILITY TO USE THE PRODUCT OR ANY LOANER, OR OUT OF THE USE OF ANY SERVICES OR MATERIALS PROVIDED HEREUNDER, EVEN IF JPW HAS BEEN MADE AWARE OF THE POSSIBLILITY OF SUCH DAMAGES OR LOSS.
- GENERAL AND CONCLUDING PROVISIONS
- Notices. Any notice required or permitted under the terms of this Agreement or required by law must be in writing and must be delivered (i) in person, (ii) by first class registered mail, or commercial overnight delivery service, as appropriate, and fully prepaid to the appropriate address set forth in the preamble to this Agreement, or (iii) via facsimile. Notices will be considered to have been given at the time of actual delivery in person, four (4) business days after deposit in the mail as set forth above, or upon receipt of facsimile confirmation. Notices from you to JPW shall be addressed to the ”Ship To” address on the Sales Order. Notices from JPW to you shall be addressed to the “Bill To” address on the Sales Order. Either party may change its address for such notice, by notice to the other party given in accordance with this Section.
- Claims of Confidentiality or Proprietary Rights. You agree that any information or data disclosed or sent to JPW, in respect to the TotalCare Service, whether over the telephone, electronically or otherwise, is not confidential or proprietary to you or any third party.
- Language. The parties acknowledge that they have requested and consented that this Agreement and all related documents be drawn up in the English language only.
- Assignment. You may not assign, in whole or in part, this Agreement or any of your rights under these Service Terms without JPW’s prior written consent. JPW may assign its right and obligations under this Agreement and these Service Terms to a third party without prior notice to you. Upon such an assignment, JPW will no longer be responsible for any performance obligations under this Agreement or for any other liability associated with this Agreement or TotalCare Service.
- Governing Laws. This Agreement shall be governed by and construed under the laws of the State of New Jersey, without giving effect to any choice of law principles that would require the application of the laws of a different jurisdiction. Any proceeding arising out of, or relating to, this Agreement may be brought in the courts of the State of New Jersey, County of Camden, or if it has or can acquire jurisdiction, in the United States District Court for the District of New Jersey, and the parties each irrevocably submits to the exclusive jurisdiction of each such court in any such proceeding, waives any objection it may have to venue, including without limitation, the doctrine of forum non conveniens, agrees that all claims in respect of the proceeding shall be heard and determined only in such court and agrees not to bring any proceeding arising out of this Agreement in any other court.
- Limitation on Claims. Customer may not institute any action in any form arising out of this Agreement more than twelve (12) months after the cause of action has arisen.
- Entire Agreement. This Agreement is the entire agreement between Customer and JPW with respect to its subject matter and none of JPW’s employees or agents may orally vary these Service Terms.