Extended Support Services Agreement(available in the continental United States of America only - excludes Alaska and Hawaii)
This Extended Support Services Agreement (this “Extended Support Services”) governs certain services under the terms of a certain Sales Order Form entered into between the Client (defined in Section 2 below) and Corserva Inc.(“Corserva”) and certain products that might be provided to the Client pursuant to the Sales Order Form under the terms of the Corserva Terms and Conditions of Product Sales, which are available at https://www.corserva.com/terms-conditions-of-product-sales, and the Corserva General Terms & Conditions, which are available at https://www.corserva.com/master-services-agreement (taken together, the “Agreement”).
1. Services Covered
By purchasing extended support services from Corserva under the Agreement, Client is purchasing extended support services from Corserva and engaging Corserva to perform remote technical support services and hardware repair and replacement for certain products (collectively, the “Services”), but only on the terms and conditions contained in this Extended Support Services agreement and the Agreement.
2. Covered Products
Corserva warrants that new products purchased from Corserva under the Agreement (the “Covered Products”) shall be free from defects in material and workmanship under normal use and service for an additional period as defined in the Sales Order Form (the “Corserva Period”) beginning immediately after the last day of the standard warranty period offered by the Covered Product’s manufacturer. If the original purchaser of a Covered Product from Corserva (the “Client”) discovers any defects in a Covered Product within the Corserva Period, Corserva shall either repair the defect or replace the Covered Product free of charge, subject to the exceptions contained below in this Extended Support Services agreement. Corserva shall have sole discretion in determining whether a defective Covered Product or Covered Product part will be repaired or replaced. Corserva shall ship the repaired or replaced Covered Product or Covered Product part to the Client at no charge. Any expedited shipping charges shall be the sole responsibility of the Client. None of the Extended Support Services offered under this agreement, nor this agreement, are transferable.
3. Client Responsibilities and Agreements
Client agrees that Client is responsible for each of the following:
- Client is responsible for the cost of shipping, and for shipping, any defective Covered Product to Corserva for repair or replacement.
- Client is responsible for adequately packaging the Covered Product or Covered Product part to prevent damage.
- Client agrees to maintain a current credit account with Corserva.
- Client agrees to promptly report any Covered Product failures.
- Client agrees to provide all labor to remove and reinstall products and accepts responsibility for product damage caused by laborers’ mishandling or improper installation of the Covered Products.
- Client agrees to return defective Covered Products in a timely manner following the RA instructions provided by Corserva technical support team, and will return items properly packaged for return, not to cause any further damage.
- Client agrees to refrain from attempting repairs or from using lubricating products on any Covered Product unless expressly approved in writing by Corserva.
The consequences of Client’s failure to perform all of its responsibilities are that this Extended Support Services agreement shall not be applicable to any product with respect to which Client did not perform all of its applicable responsibilities, even if the product otherwise would have been a Covered Product. Only Covered Products in normal operating condition and currently at Corserva’s specified version levels are eligible for coverage under this agreement.
4. What is Not Covered under this Agreement.
The Services under this Extended Support Services agreement are available only for new Covered Products purchased from Corserva. The amounts paid for the Extended Support Services are under this agreement are non-refundable. This agreement is non-transferable and does not cover instances of misuse or abuse of products that would otherwise be Covered Products. This agreement does not cover the lack of regular maintenance and failure to comply with all of the manufacturer’s maintenance and handling recommendations. This agreement does not cover Covered Product that have been used for purposes other than as specified by the manufacturer. No Services, promises or warranties of any kind, whether express or implied, will apply after the expiration of the additional three (3) year Services period.
5. Specific items and repairs that are Not Included under this Extended Support Services agreement are:
- On-site services are not included
- Batteries are not included
- Servers, PCs, routers and network switch gear are not included
- Repairs or support due to natural disasters are not included
- Repairs or support due to product vandalism are not included
- Repairs or support for products where the seal has been broken are not included
- Repairs or support for Corserva products not expressly included in this Extended Support Services agreement are not included
- Repairs for damage to Covered Products that Corserva determines was caused by use of substandard or unfit media, supplies, and consumables are not included
- Covered Product malfunction because of operation outside of manufacturer’s site specifications are not included
- Changes, modifications or customizations of products that have not been performed by Corserva are not included
6. What Client must do to make a claim for Extended Support Services under this agreement:
To file a claim for Extended Support Services under this agreement, Client must first call the technical support Help Desk at (855) 330-3976, choose Option 2, or email Help@Corserva.com, and follow any trouble-shooting instructions provided by the technician. If required, the technician will issue a return authorization (“RA“) number and instructions for returning the Covered Product for repair. No Covered Product will be accepted without an RA number, the complete Corserva return label, and the full street address, including city, state and zip code of the property from which it was sent
7. Limited Scope of Services:
All Services are intended for remote execution. If onsite work is required, Corserva and Client will establish the appropriate separate engagement in a separate written document signed by Corserva and Client. If Corserva determines that a Client request requires different resources or an engagement outside of this Extended Support Services agreement, Corserva and Client will establish the appropriate separate engagement in a separate written document signed by Corserva and Client. If, in Corserva’s sole determination opinion, maintenance of any Covered Product is required to return it to normal operating condition or to bring it to the specified version level, Corserva may offer to perform such work at Corserva’s then current standard service rate.