This warranty shall commence at the end of original one-year manufacturer's warranty upon the anniversary of the original shipping date as indicated on the "Invoice" and shall continue for Thirty-six (36) months if purchased prior to May 8, 2004 or for Twenty-four (24) months if purchased after May 7th, 2004. PowerNotebooks.com began offering a two-year manufacturer's warranty on July 1, 2004. If the original shipping date is on or after July 1, 2004 this warranty shall commence upon the second anniversary of the original shipping date and continue for Twelve (12) months.

Service Provided

The services provided hereunder are only available for the Laptop alone on the "Invoice", not including any external peripherals . PowerNotebooks.com or its authorized service provider shall use all reasonable efforts to perform Services, but will not be responsible for delays or failures in performance when due to causes beyond its reasonable control. Replacement parts and labor will be provided by PowerNotebooks.com without charge and shall be either new or reconditioned or reassembled parts which are equivalent to new. All replaced parts shall become the property of PowerNotebooks.com. PowerNotebooks.com or its authorized service provider reserves the right to charge customers PowerNotebooks.com’s then current rates for consumable parts, accessories, or other parts required by customer such as batteries, routers, AC Adapters, Auto/Air adapters, port replicators, numeric keypads, cases, etc. Services shall be provided during the Term from 8:30 a.m. to 5:30 p.m. Monday through Friday exclusive of statutory holidays ("Covered Hours").

Service Limitations

The following services are outside the scope of "Services" and will, upon customer's request, be furnished by PowerNotebooks.com on an as-available basis at PowerNotebooks.com or its authorized service providers' then-current time and materials charge. (A) Repairs, replacements or adjustments or increased service time required as a result of improper installation or software setup (unless by PowerNotebooks.com). (B) Any cause external to the Equipment, including but not limited to any act of God, lightning or power surges, abuse, negligence, accident or failure to maintain the proper operating environment. (C) Modifications, alterations, attachments or services made or performed by persons other than PowerNotebooks.com or its authorized service provider. (D) Use of the Laptop, programs, attachments or devices not approved by PowerNotebooks.com. (E) Repairs, replacements or adjustments or increased service time due to software viruses.

Warranty Limitation

THERE ARE NO OTHER WARRANTIES OR CONDITIONS RESPECTING THE Laptop, EXPRESS OR IMPLIED. OBLIGATIONS OF PowerNotebooks.com, IF ANY, ARE LIMITED TO THE DURATION OF THE WARRANTY PERIOD PROVIDED HEREIN.

Customer Obligations

The customer must maintain the Laptop in a good operating environment, including proper electrical supply, in accordance with manufacturer's instructions, and properly maintain the Laptop including cleaning. The customer shall be responsible for all proper packaging, freight and insurance charges to PowerNotebooks.com’s authorized "Depot" location. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR ADEQUATE BACK UP OF ALL FILES.

Out-Of-Scope Services

For any other services performed by PowerNotebooks.com at the Customer's request which are outside the scope of Services covered above, Customer shall be separately invoiced by PowerNotebooks.com or it's authorized service provider. Said invoices must be paid prior to the return shipment to Customer.

Limitation of
Liability

IN NO EVENT SHALL PowerNotebooks.com OR IT'S AUTHORIZED SERVICE PROVIDERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS OR PROFITS.

General

This certificate is freely assignable to a subsequent purchaser upon delivery of notification to PowerNotebooks.com of the purchaser's name, address, phone number(s) and e-mail address. All notices hereunder shall be in writing addressed to the parties at their respective addresses set forth on the invoice. This Certificate is the complete agreement between the parties with respect to its subject matter and supersedes all prior or contemporaneous agreements, promises and proposals, whether oral or written, between the parties. No terms or conditions hereof shall be deemed waived and no breach or default excused unless such waiver or excuse shall be in writing and signed by the party to be charged. In the event that one or more provisions contained in this Agreement should be held to be unenforceable, its unenforceability shall not affect any other provisions of the Agreement.