- CONTRACT TERMS
- The Contract constitutes the entire agreement between You and Us and supersedes any prior understandings, representations or communications on this subject matter.
2.1 Canon provides local on-site repair service, including parts and labor for the period of 10 years.
2.2 Customer must present the original Warranty Card together with original purchase invoice to Canon's technician for verification when warranty service is rendered. Service fee will be charged if any one of the documents cannot be produced.
2.3 This warranty covers labour and spares only. Consumables such as Toner, Drum Cartridge, Paper, Staples, Fixing Units, , Waste Toner Tank, are excluded in the warranty.
2.4 Canon does not provide warranty for any preloaded or bundled software. Canon reserves all rights to make the final judgement on evaluating the malfunction or breakdown of the Printer caused from software or hardware. Canon is not obligated to re-install preloaded software. Handling fee will be charged for the request of re-installation service.
2.5 Customer should backup his/her own hard disk contents of his/her own accord before repair. Canon shall not provide hard disk
backup service. In case of repair, hard disk content may be destroyed, and customer will not be informed in advance. Canon
shall not be liable for any data, records or program lost due to repair.
2.6 The warranty is null and void under the following circumstances:
(a) if the Printer has been damaged through abuse, misuse, negligence (such as bumping, wetting, fault voltage supply, air/water pollution accidents and natural calamities;
(b) if the Printer, included hardware and preloaded software, has been modified, altered and/or repaired by persons other than Canon or Canon's authorized service centres;
(c) If the serial number has been altered, effaced or removed.
(d) If using non-Canon toner or non-genuine consumable. The defective part should go with the whole unit in case of repair. Any defective part which has been replaced, shall be Canon's property.
Under no circumstances is Canon liable for loss directly or indirectly
for any of the following :
(a) third-party claims against you for losses or damages;
(b) loss or damage to your records, information or data;
(c) economic consequential damages including lost profits.
Canon shall only honor the warranty card issued by Canon. No warranty card or supplementary copy will be issued in case of damage or lost.
In case of any disputes, Canon reserves all rights for final judgement
- YOUR RESPONSIBILITIES
You agree to:
3.1 Provide Us with safe access to the Equipment as reasonably required for us to provide the Services;
3.2 Follow all reasonable instructions or recommendations given by Us, including but not limited to those set out in the Client Services Agreement;
3.3 Only use materials manufactured by us or specifically recommended by Us in the Equipment;
3.4 Only use Our technician to install spare parts into the Equipment;
3.5 Unless otherwise agreed in the Client Services Agreement, the disposal of cartridges and toners used by You in the Equipment shall be Your responsibility.
3.6 The customer is obligated to agree to activate e-Maintenance on the devices covered throughout the warranty period, unless otherwise agreed upon before the purchase process.
- DATA PROTECTION
You agree that We will be using data including personal data for the purpose of delivering the Services only and You agree that We can transfer such data to another Canon Group Company or third party for the purpose of delivering the Services and for the purposes of improving the Services. We will take all reasonable steps to protect such data & comply with local data protection rules.
Both parties agree that during and for 2 years after the termination of the Contract, they shall keep confidential all written information including but not limited to, any business methodology or know how, financial or technical information obtained or received as a result of entering into the Contract. This clause shall not apply to the extent that the information is already in the public domain, other than as a result of a breach of this clause 8.
- INTELLECTUAL PROPERTY RIGHTS
Nothing in this Contract shall affect the ownership of either party’s IPR existing prior to the date of this Contract. You agree that We own all rights (including IPR) in any materials written or provided by Us, and any other information which exists or is produced by Us, pursuant to the Contract.
Our IPR Liability for Services is limited to 125% of the charges payable by You for the Services provided by Us in the preceding 12 months. Subjected to this limitation We will indemnify You against any final judgement, award or settlement made against You in respect of any Products/ Service which are held to infringe someone else’s IPR. This indemnity will not apply if the infringement is due to any modifications You have made to the Products/ Services without our prior written approval.
As a condition of the IPR indemnity mentioned herein You must: notify Us promptly in writing of any allegation of infringement; make no admission relating to the alleged infringement; and allow Us to conduct all negotiations and proceedings and give Us all reasonable assistance in respect of the alleged infringement.
Our total liability arising under or in connection with the Contract, whether in contract, tort or otherwise, is limited to 125% of the Charges payable by You for the Services provided by Us in the preceding 12 months. We shall not be liable to You for loss of profit, goodwill, business, business opportunity, anticipated savings, loss or corruption of data or information nor any special, indirect or consequential loss suffered by You or any third party. We further recommend that You consider taking insurance to cover any such losses. If an event of Force Majeure occurs then the affected party shall be excused from performing its obligation under the Contract (other than any obligation to pay money) for the duration of the Force Majeure event.
- SERVICE TERMS
- We will provide You with the Services specified in the Client Service Agreement.
- You agree to tell Us in writing if You intend to move the Equipment. If the Equipment is moved, We reserve the right to immediately alter Our charges.
- We will have no liability for, and our Services do not cover, work needed: because You have not used, stored or handled the Equipment properly (including failure to provide appropriate environmental conditions), or not complied with any instructions or recommendations for the Equipment or any of Your other obligations under the Contract; because of any damage caused by electrical or power surges, lightning; because of any relocation or reinstallation of the Equipment, including any preparation necessary for safe transit other than as provided by Us or on Our behalf; outside of the Working Day unless otherwise agreed in the Client Service Agreement; because You or someone else acting on Your behalf has damaged or made changes to the Equipment or Your Customer Environment or connected or incorporated any other item to the Equipment; because of unauthorized repair caused by non- Canon personnel resulting in modifying or damaging the Equipment.
- The Equipment is designed to work at its best using spare parts or other replaceable items (such as consumables) made or recommended for use, by Us. If anything else is used, You may experience loss of quality or performance to the Equipment. If this occurs, We cannot be held liable for any complaint concerning this poor performance. Furthermore, there could be instances where the use of such other products may cause actual damage to the Equipment and in such an event We reserve the right to refuse to carry out repairs or charge for such repairs and all associated costs and We may cease providing You the Services entirely.
- DISPUTE RESOLUTION
The Contract and these terms and conditions shall be construed in accordance with and governed by the laws of the local country. Any disputes that are not resolved by mutual negotiations shall be subject to the specialized courts in the local country.
- GENERAL TERMS
- Your rights and Our rights under any Contract will not be affected if either of us does not enforce, or delays enforcing, any of these terms.
- We may assign Our rights and obligations under this Contract in whole or in part to a Canon Group Company or to an accredited Canon partner. If We do so, We will inform you in writing.
- If (and to the extent that) a Condition shall be determined to be invalid, unlawful or unenforceable, it shall (to that extent) be severed from the remaining Conditions which shall continue to be valid to the fullest extent permitted by law. Both of us will negotiate in good faith with a view to substituting the affected Condition (or part) with a valid and enforceable condition which achieves, to the greatest extent possible, the economic legal and commercial objectives of the affected Condition.