HP Total Care - HP extended support plan agreement for Canada

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BY ACCEPTING THE SERVICES DESCRIBED ON YOUR INVOICE AND THE APPLICABLE DATA SHEET, FOR THE HP PRODUCT(S) LISTED IN YOUR CONFIRMATION COMMUNICATION. YOU AGREE TO BE BOUND BY AND ACCEPT THE TERMS AND CONDITIONS HEREIN.

Hewlett-Packard (Canada) Co. (“HP or “We”) will provide you with support services pursuant to the terms of Customer’s invoice, the Data Sheet and the following terms and conditions:

1. Support Services: HP will provide the support services ("HP Services") described in this Service Agreement (the "Agreement") to Customer (as defined in Section 2 below) for products purchased in Canada, and as more fully described in the applicable HP Data Sheet. HP or an HP Authorized Representative, as designated by HP will provide the support services. In HP’s sole discretion, HP may designate an affiliated company or contract with a third party to complete repairs on the Product. In the event of any conflict, with any other contract you may have with HP, the terms and conditions of this Agreement shall prevail.
   
2. “Product” means the product identified in Customer’s confirmation communication for support services that is eligible for service as defined in the Data Sheet. Product includes all factory loaded software. Product must have been purchased and be used in Canada and does not include any other products or peripherals added or attached to the Product.
   
3. “Customer”: sometimes referred to herein as “You”, refers to an end-user HP customer who purchases the HP Services described in this Agreement directly from HP, for Customer’s own use.
   
4. Charges: Customer will prepay for HP Services at the time of support purchase, including all applicable taxes. Additional charges may be billed to Customer for hardware Products that are found not defective, intentionally damaged or abused and where Customer fails to return defective after receiving a HP replacement product.
   
5. Cancellation:
   
   (a) Customer may cancel this Agreement within the first thirty (30) days of purchase of this HP Service. If you cancel this Agreement within thirty (30) days of purchase, HP will send you a full refund less the cost of any support, repair or exchange claims made or received under this Agreement. This Agreement may not be cancelled after thirty (30) days of your acceptance of this Agreement.
   
   (b) HP may cancel this Agreement if you fail to pay us in accordance with HP’s invoice terms, make a misrepresentation to HP or it’s agents, or otherwise breach your obligations under this Agreement or the Data Sheet. If HP cancels this Agreement, we will send you written notice of cancellation at the address indicated in our records. The notice will include the reason for cancellation and the effective date of cancellation, which will not be less than ten (10) days from the date we send notice of cancellation to you.
   
6. Eligible Products:
   
   (a) To be eligible for HP Services, Product must be at current specified revision levels and, in HP's reasonable opinion, in good operating condition. To bring ineligible Products up to these requirements, HP will charge Customer HP standard rates for such services then in effect on the date of the support order. Products which are in good operating condition at the time HP Service is purchased are eligible for HP Services even if they are not at current specified revision levels available.
   
   (b) Customer can purchase HP Services only for HP Product eligible under the specific HP Service purchased.
   
7. Limitations of Liability and Remedies: THE REMEDIES HEREIN ARE SOLE AND EXCLUSIVE REMEDIES TO CUSTOMER, AND HP DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT AND THE APPLICABLE DATA SHEET, IN NO EVENT WILL HP, ITS AFFILIATED COMPANIES, AGENTS, SUBCONTRACTORS OR SUPPLIERS AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS AND EMPLOYEES BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL DAMAGES OR ECONOMIC LOSS (INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING LOSS OF DATA, EXPENDITURES, INVESTMENTS, COMMITMENTS OR LOST PROFITS) ARISING FROM ANY CLAIM OR ACTION UNDER OR DIRECTLY OR INDIRECTLY RELATED TO THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY. HP WILL NOT BE LIABLE FOR PERFORMANCE DELAYS OR FOR NONPERFORMANCE DUE TO CAUSES BEYOND ITS REASONABLE CONTROL.
   
   CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF THE PRODUCT OR SERVICES, HP IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF THE PRODUCTS AND/OR SERVICES UNDER THIS AGREEMENT.
   
   THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE CAUSE OR EVENTS GIVING RISE TO SUCH LOSS. DAMAGE OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE OR LIABILITY IS BASED ON NEGLIGENCE OR OTHER TORT OR BREACH OF CONTRACT INCLUDING A FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM OF THIS AGREEMENT.
   
8. This Agreement does not cover and HP is not obligated to repair or replace:
   
   (a) Any Product purchased and/or used outside of Canada.
   
   (b) Any damage to or defect in the Product that is cosmetic only or otherwise does not affect Product functionality. Under this Agreement, HP is not obligated to repair reasonable wear and tear on the Product and other superficial items, such as scratches and dents that do not materially impair your use of the Product.
   
   (c) Non-HP Products: HP does not provide HP Services for non-HP products, or for products that Customer does not allow HP to incorporate modifications. Customer or an approved designated contact is responsible for removing any products not eligible for HP Services to allow HP to perform service. If delivery of HP Services is made more difficult because of such products, or isolation of failure to a non-HP product, HP may charge Customer for the extra work at HP's standard service rates.
   
   (d) Unless otherwise specified herein, this Agreement excludes the provision, replacement, and/or installation by HP of any consumables items, including, but not limited to, maintenance kits, operating supplies, magnetic media, paper, print heads, ribbons, toner, and batteries. This Agreement does not cover and HP is not obligated to repair peripheral devices, such as docking stations, external modems, external speakers, game devices, carrying cases, secondary monitors, external mouse on notebooks, external keyboard on notebooks, and other computer components and accessories not internal to the Product.
   
   (e) Unless otherwise specified in the applicable HP Data Sheet, and subject to the limitations therein, HP Services do not cover, and HP shall have no obligation to provide service, in respect of any damage or failure caused by: (i) use of non-HP media, supplies and other products; (ii) site conditions that do not conform to HP's product specifications; (iii) customer abuse, neglect, improper use, fire or water damage from an external source, electrical disturbances, transportation by Customer (iv) intentional damage, as determined by HP acting reasonably (v) failure to maintain the product as outlined in the HP product operating manual or any other causes beyond HP's control. Complete resolution of some problems may be beyond the control of HP and thus outside the scope of HP Services.
   
   (f) Any Product that anyone other than HP or a person designated by HP has tried to repair. Any repair or attempted repair on the Product covered by this Agreement by any party other than HP or someone designated by HP will void and cancel this Agreement. HP will not reimburse you for any repairs that you or another person make or attempt to make to the Product.
   
   (g) Supported Software Versions: Unless otherwise agreed by HP, HP provides HP Services only for the current and immediately preceding versions of the operating system, and only when the software came loaded by HP with the original Product. A version is defined as a release of a software product that contains new features, enhancements, and maintenance updates. HP will not support the software any longer than the vendor of the software supports it, or software that was not part of the original manufactured product. HP will be under no obligation to provide HP Services where Customer has made alterations or modifications to code. HP Services does not cover any defects in or damage to Product or Supported Software resulting from, including but not limited to, viruses, spyware and other malicious type codes.
   
9. Customer Responsibilities
   
   (a) Customer will make all reasonable efforts to cooperate with HP in servicing the Product, such as, but not limited to, providing all information necessary for HP to determine the level of supportability and/or for HP to deliver timely and professional remote Product support, starting and executing self tests or diagnostic tools and programs, performing other reasonable activities to help HP identify or resolve the problem, or performing basic remedial activities upon HP’s request. This may also include installation of customer replaceable parts and replacement units. Where HP can determine over the telephone that a replacement Product will be necessary, we may, in our discretion, ship you a replacement Product immediately. However, if you fail to return the damaged Product to us within the defined time, Customer agrees that Customer is responsible for the retail price of the replacement Product.
   
   (b) Customer will ensure that HP service personnel are provided with sufficient access to perform necessary hardware maintenance, including provision of operating supplies used during normal operation.
   
   (c) Customer is responsible for the security of its proprietary and confidential information and for maintaining a procedure external to the hardware products for reconstruction of lost, or altered files, data, or programs. Customer is solely responsible for all data and software stored on the Product, including recovery and transfer of such data and software. HP does not provide any data recovery services under this Agreement. Customer understands and agrees that HP is not responsible for any lost or corrupted software or data. HP strongly recommends that you maintain a complete data backup and disaster recovery plan. In the event of a hard drive failure, HP will replace the defective hard drive with a blank replacement. It is the user’s responsibility to reload the operating system software, any applications, and user data.
   
   (d) Customer must notify HP if any Products serviced are being used in an environment that poses a potential health or safety hazard to HP employees or subcontractors; and may postpone service until such hazard is remedied by Customer.
   
   (e) Customer must ensure that an adult representative is present when HP is providing services at Customer's designated location or by telephone.
   
   (f) If remote support is available, Customer will allow HP to keep system and diagnostic programs installed on the Product and provide HP access for the exclusive purpose of performing diagnostics.
   
   (g) Relocation of product within Canada is Customer's responsibility and may result in additional support charges and modified service response times.
   
   (h) Unless otherwise specified in the applicable HP Data Sheet, Products moved outside the country where this HP Service is purchased will not receive service under the terms of the Agreement.
   
10. Maximum Use Limitations: Products operated in excess of their maximum usage rate or duty cycle (as specified in the technical data sheet, operating manual, or service description) are not covered under this Agreement and will be serviced at HP's standard service rates.
    
11. Transfer of Service: This Agreement may only be assigned in connection with sale of the Product in Canada. Customer as assignor must inform HP when the Product is sold. The assignment must be in writing, signed by the assignor and made available for inspection and approval by HP personnel at HP’s discretion. Assignment will not be valid if in breach of local or U.S. export regulations.
    
12. Term:
    
    (a) For HP Services purchased during the initial hardware Product warranty period, this Agreement will begin on the date of initial purchase of the Product to be supported and will terminate with the expiration of your HP Services coverage.
    
    (b) For HP Services purchased after expiration of the initial hardware Product warranty, this Agreement will begin 31 days from purchase date of the HP Services and will terminate with the expiration of the HP Services coverage.
    
    (c) This Agreement may not be automatically renewed. Customer may purchase, if available, another HP Services agreement upon expiration or termination of this Agreement. The cost of another HP Services agreement will reflect the age of the product and service costs at time of purchase.
    
13. HP is not liable for failure or delay in performance due to any cause beyond its control. If HP’s ability to render HP Service is impaired by circumstances beyond HP’s control, HP may terminate this Agreement, in which event, provided that the circumstances resulting in HP’s impaired ability to provide HP Service did not result from your actions or inaction, you will receive a refund for any unused portion of your service term for which you have paid.
    
14. Governing Laws: Any disputes arising in connection with this Agreement and all matters or issues collateral thereto shall be construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. Without limiting the foregoing, each of the parties irrevocably and unconditionally: a) agrees that any suit, action, or other legal proceeding arising out of or relating to these terms or any transaction hereunder must be brought in the Ontario Superior Court of Justice, in the City of Toronto; b) consents to the exclusive jurisdiction of each such court in any such suit, action, or proceeding; c) waives any objection which it may have to the laying of the venue of any such suit, action or proceeding in any of such courts; and d) waives any right that it may have to assert the defense of forum non-conveniens in any such suit, action or proceeding.
    
15. Entire Agreement: The terms and conditions of this Agreement together with the confirmation communication, and the applicable HP Data Sheet constitute the entire understanding between the parties relating to the provision of services described herein and will supersede any previous communication, representation or agreement whether oral or written. Customer's additional or different terms and conditions will not apply. Customer's acceptance of this Agreement is deemed to occur upon Customer's purchase of HP Services. No change of any of the terms and conditions will be valid unless in writing signed by an authorized representative of each party.
    
16. Where permitted by law, neither HP nor Customer may institute any action in any form arising out of this Agreement more than eighteen (18) months after the cause of action has arisen, or in the case of non-payment, more than eighteen (18) months from the date of last payment.
    
17. Additional Remedies: This Agreement affords you specific legal rights. You may have additional legal rights that vary from province to province. This Agreement is not a warranty. The Product you purchases from HP may also come with a limited warranty from HP. Please consult with HP’s limited warranty statements for your rights and remedies under those limited warranties.