|

Retail

This Retail Purchaser End User Agreement ("Agreement") governs your retail purchase of Dell branded computer systems and/or related products and/or services and support sold in Canada ("Dell Product"). BY USING THE PRODUCT, YOU ("CUSTOMER") AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT USE THE PRODUCT, AND YOU MAY RETURN THE PRODUCT TO YOUR PLACE OF PURCHASE (subject to its return policy). PLEASE READ THIS DOCUMENT CAREFULLY! IT IS A LEGAL AGREEMENT AND CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE. PLEASE PRINT IT AND STORE IT IN A SAFE PLACE.
These terms and conditions are subject to change without prior written notice at any time, in Dell's sole discretion.

1. Dell Product Warranties.

THE LIMITED WARRANTIES APPLICABLE TO THE DELL PRODUCT CAN BE FOUND AT http://www.dell.ca/warranty AND IN THE DOCUMENTATION SHIPPED WITH THE DELL PRODUCT. DELL PROVIDES NO WARRANTIES OR CONDITIONS FOR SERVICE, SOFTWARE, OR NON-DELL BRANDED PRODUCT, SERVICE, MAINTENANCE OR SUPPORT. SUCH PRODUCT, SERVICE, MAINTENANCE OR SUPPORT IS PROVIDED BY DELL "AS IS" AND THIRD-PARTY WARRANTIES, SERVICES, MAINTENANCE AND SUPPORT ARE PROVIDED BY THE ORIGINAL MANUFACTURER OR SUPPLIER, NOT BY DELL. DELL PROVIDES EXPRESS WARRANTIES OR CONDITIONS EXCEPT THOSE STATED IN THE LIMITED WARRANTY APPLICABLE TO THE DELL PRODUCT WHICH IS IN EFFECT ON THE DATE YOU PURCHASE THE PRODUCT. PLEASE NOTE THE WARRANTY PERIOD COMMENCES ON THE DATE OF THE PURCHASE BUT YOU MUST TRANSFER OWNERSHIP OF THE PRODUCT INTO YOUR NAME IN ORDER TO RECEIVE WARRANTY SUPPORT FROM DELL. YOU WILL FIND THE INSTRUCTIONS FOR HOW TO TRANSFER OWNERSHIP INTO YOUR NAME IN THE DOCUMENTATION FOUND WITH YOUR DELL PRODUCT OR BY VISITING http://www.dell.com/register .

2. Software.

All software is provided subject to a license agreement and you agree that you will be bound by such license agreement

3. Return Policies; Exchanges.

Returns and exchanges are governed by the policies of the retailer where you purchased the Dell Product.

4. Service and Technical Support.

Depending on where you buy the system, certain retailers may provide you with repair services under and for the duration of Dell’s Limited Warranty. Please check with your retailer for more information. Otherwise, for the duration of the warranty period Dell will provide repair service and technical support under and for the duration of Dell's Limited Warranty. Dell will provide technical support by way of remote diagnosis and corresponding repair service to customers in Canada, for the duration of the product warranty and in accordance with the coverage provided by Dell's limited warranty. With respect to such repair service, service will either be provided onsite (usually for desktops) by a repair technician or through a mail-in or depot based service (usually for laptops and tablets). Such repair services are provided in accordance with the terms of this Agreement and are described (along with certain terms and conditions) in service descriptions that can be found at www.dell.ca/servicecontracts. Depending on the province in which you reside, you may be responsible for the costs of shipping the product to our depot repair facilities and/or long distance charges for telephone support. Dell also offers fee based additional service offerings (such as out of warranty technical support, hardware installation services and software related telephone assistance). These services are offered in accordance with the terms of this Agreement and are described (along with certain terms and conditions) in service descriptions that can be found at www.dell.ca/servicecontracts. Service offerings may vary from Product to Product. Dell may revise its general and optional service and support programs and the terms and conditions that govern them without prior notice to you. Dell is not obligated to provide third-party branded service or support, or service or support for any products or services that you purchased through a third-party and not Dell. It is your responsibility to backup all existing data, software, and programs before receiving services or support (including telephone support). Dell will have no liability for loss or recovery of data, programs or loss of use of system(s) arising out of the services or support or any act or omission, including negligence, by Dell. Prior to Dell providing service or support, you represent that your system(s) does not contain illegal files or data. You also represent that you own the copyright or have a license to make copies to all files on your system and do not have any data that would cause Dell to be liable for copyright infringement if those files were copied by Dell in the course of providing you services.

5. Limitation of Liability.

DELL DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, DELL WILL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY HEREUNDER, DELL WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE CAUSE OR CIRCUMSTANCES GIVING RISE TO SUCH LOSS, DAMAGE OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE OR LIABILITY IS BASED ON NEGLIGENCE OR OTHER TORTS OR BREACH OF CONTRACT.
EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, YOU MAY NOT INSTITUTE ANY ACTION IN ANY FORM ARISING OUT OF THIS AGREEMENT MORE THAN EIGHTEEN (18) MONTHS AFTER THE CAUSE OF ACTION HAS ARISEN.
It is solely your responsibility to complete a back-up of all existing data, software, and programs on Dell Product before receiving service and technical support (including telephone support). Dell will have no liability for loss of or recovery of data, programs, or loss of use of Dell Product or networks arising out of the services or technical support or any act or omission, including negligence, by Dell and/or its third- party service providers.

6. Applicable Law;

Not For Resale or Export. You agree to comply with all applicable laws and regulations of the various provinces and of Canada. You agree and represent that you are buying only for your own use , and not for resale or export.

7. Governing Law.

THE PARTIES AGREE THAT THIS AGREEMENT, THE PURCHASE AND USE OF THE PRODUCT, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND DELL arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement, Customer's purchase or use of the Product, Dell's advertising, or any related purchase SHALL BE GOVERNED BY THE LAWS OF THEPROVINCE OF ONTARIO (except if you reside in Quebec, in which case the laws of the Province of Quebec apply) AND THE APPLICABLE LAWS OF CANADA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE PARTIES HEREBY AGREE TO THE NON-EXCLUSIVE JURISDICTION OF THE COURTS OF THE PROVINCE OF ONTARIO (or of Quebec for those residing in Quebec).