Dell HD04U, X50 Guarantee, Exclusions, Making a Claim, Limitation and Statutory Rights, Appendix

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1-Year End-User Manufacturer Guarantee (Latin America and the Caribbean Only)

Guarantee

Dell Computer Corporation ("Dell") warrants to the end user in accordance with the following provisions that its branded hardware products, purchased by the end user from a Dell company or an authorized Dell distributor in Latin America or the Caribbean, will be free from defects in materials, workmanship, and design affecting normal use, for a period of 1 year from the original purchase date. Products for which proper claims are made will, at Dell’s option, be repaired or replaced at Dell’s expense. Dell owns all parts removed from repaired products. Dell uses new and reconditioned parts made by various manufacturers in performing repairs and building replacement products.

Exclusions

This Guarantee does not apply to defects resulting from: improper or inadequate installation, use, or maintenance; actions or modifications by unauthorized third parties or the end user; accidental or willful damage; or normal wear and tear.

Making a Claim

Claims must be made in Latin America or the Caribbean by contacting the Dell point of sale within the guarantee period. The end user must always supply proof of purchase, indicating name and address of the seller, date of purchase, model and serial number, name and address of the customer, and details of symptoms and configuration at the time of malfunction, including peripherals and software used. Otherwise, Dell may refuse the guarantee claim. Upon diagnosis of a warranted defect, Dell will make arrangements and pay for ground freight and insurance to and from Dell’s repair/replacement center. The end user must ensure that the defective product is available for collection properly packed in original or equally protective packaging together with the details listed above and the return number provided to the end user by Dell.

Limitation and Statutory Rights

Dell makes no other warranty, guarantee or like statement other than as explicitly stated above, and this Guarantee is given in place of all other guarantees whatsoever, to the fullest extent permitted by law. In the absence of applicable legislation, this Guarantee will be the end user’s sole and exclusive remedy against Dell or any of its affiliates, and neither Dell nor any of its affiliates shall be liable for loss of profit or contracts, or any other indirect or consequential loss arising from negligence, breach of contract, or howsoever.

This Guarantee does not impair or affect mandatory statutory rights of the end user against and/or any rights resulting from other contracts concluded by the end user with Dell and/or any other seller.

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Appendix