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These Warranty and Support Terms are an agreement between Microsoft Corporation and you. Please read them carefully. BY ACCEPTING SHIPMENT OF YOUR MICROSOFT SURFACE HUB OR ACCESSORY
PURCHASED FROM AN AUTHORIZED SELLER (THE "HARDWARE PRODUCT") OR BY ACCEPTING OUR PERFORMANCE OF HARDWARE PRODUCT SUPPORT, YOU AGREE TO THESE TERMS.
A. WARRANTIES. Customer shall be entitled to warranty coverage solely as identified below. This warranty gives Customer specific legal rights. Customer may also have other rights which vary from country to
country. This warranty applies to the extent permitted by law and unless restricted or prohibited by law.
In addition, in Australia: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for
any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
1. Hardware Warranty. Microsoft warrants that the Hardware Product, will perform substantially as described in the applicable Hardware Product documentation for a period of one year from the first day
of the month after the Hardware Product is received by Customer (the "Hardware Warranty Term"). The Hard Drive, the Pen and the Keyboard (the "Advance Exchange Hardware") are subject to Advanced
Exchange and as defined below in Section B. Customer must (i) provide notice to Microsoft during the Hardware Warranty Term, and (ii) upon request, provide proof of purchase including serial number of the
Hardware Product and date of purchase. This Hardware Warranty only applies if you have made full payment for the Hardware Product and only covers those defects that arise as a result of normal use of the
Hardware Product.
IF CUSTOMER'S COUNTRY LAW PROVIDES AN IMPLIED WARRANTY, INCLUDING AN IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ITS DURATION IS LIMITED TO THE
WARRANTY PERIOD ABOVE OF ONE YEAR. Some countries do not allow limitations on how long an implied warranty lasts, so this limitation may not apply to Customers in those countries.
2. Warranty Exclusions. This Hardware Warranty does not apply to (a) software, (b) Hardware Product or Advance Exchange Hardware that has been damaged by Customer negligence; abuse; accident; act of
God; misuse; misapplication; incorrect line voltage, fluctuations and surges; failure to follow operating instructions; or improper installation (unless such installation was performed by Microsoft), (c) Hardware
Product and/or Advance Exchange Hardware that has been modified or had its seals broken or serial number removed or defaced or (d) damages or injury related to the improper installation or placement
of the wall mount to which the Hardware Product is attached, or to the Customer's selection and use of any wall support mount, floor support mount, rolling stand or fasteners other than those provided by
Microsoft. For sake of clarity, the Customer is responsible for proper installation and placement of the wall mount for the Hardware Product, and for Customer's selection and use of any wall support mount,
floor support mount, rolling stands or fasteners other than those provided by Microsoft.
3. Limited Software Support. Microsoft will provide limited software support for a period of ninety (90) days from the date of Customer receipt of the Surface Hub. For assistance with software during this time
frame, please open a service ticket through http://www.surface.com/support and request assistance with your related software.
4. No Other Warranties. The express warranty stated in this Section A is the only express warranty to Customer and is provided in lieu of all other express or implied warranties and conditions (if any) including
any created by any other statements, documentation or packaging. No other warranties or conditions are made with respect to the Hardware Product or the Hardware Warranty by any person, including but
not limited to Microsoft and its suppliers. No other information (oral or written) or suggestions given by Microsoft, its agents or suppliers or its employees, shall create a warranty or condition or expand the
scope of the Hardware Warranty stated in Section A. Also, there is no warranty or condition of title, quiet enjoyment, or non-infringement in the Hardware Product. Customer may have greater rights existing
under legislation in Customer's jurisdiction. Where any term of the Hardware Warranty is prohibited by such laws, it shall be null and void, but the remainder of the Hardware Warranty shall remain in full force
and affect.
B. HARDWARE PRODUCT SUPPORT. Microsoft offers the following types of support for the Hardware Products. Some Support Services may be provided by a Microsoft contractor.
1. Installation. If Customer chooses to purchase installation with the Hardware Product, the installation date will be mutually agreed upon by the Parties. Prior to the installation date, Microsoft can conduct
a site review. Microsoft will evaluate the planned installation location, the loading dock location, and the available space to move the Hardware Product. Microsoft will review Customer's power source and
networking. If a site review is conducted, Microsoft will provide customer with an assessment of the work needed to prepare the Customer's site for proper Hardware Product installation. On the installation
date, a Microsoft resource will arrive at the Customer site. The Microsoft resource will unpack the Hardware Product, clean and examine it for any damage, and install the Hardware Product. The Microsoft
resource will power up the Hardware Product and test basic functionality.
2. Advance Exchange Support - To replace damaged Advance Exchange Hardware (the Hard Drive, the Pen and/or the Keyboard), Customer must open a service ticket through http://www.surface.com/support
and request Advance Exchange Support for the Advance Exchange Hardware. Microsoft will contact Customer to identify and verify the defect. Where there is a reasonable expectation that the problems are
caused by the Advance Exchange Hardware, Microsoft will place equivalent replacement Advance Exchange Hardware parts in the mail for shipment to Customer's address of record within 3 business days
at Microsoft's expense. Customer is responsible for installing replacement parts, packaging the defective Advance Exchange Hardware parts in the same packaging the Advance Exchange Hardware parts
were received, and making arrangements with Microsoft within seven (7) business days for the return of the defective Advance Exchange Hardware to Microsoft. Shipping charges will be paid by Microsoft.
Advance Exchange Hardware not returned within 10 business days will be billed to Customer at current Microsoft prices.
3. Onsite Repair. Customer must open a service ticket through http://www.surface.com/support and request Onsite Repair Support for the Hardware Product. A Microsoft resource will contact Customer to
schedule a mutually agreed upon service date. The Microsoft Resource can be onsite within 3 business days. The Microsoft resource will arrive at the Customer site at the prescribed date and time to service the
Hardware Product.
4. Consultation and Problem Resolution. For issues other than those covered by the Limited Software Support outlined above in Section A(3), Microsoft shall provide consultation to Customer via email or
telephone during normal business hours [Monday – Friday, 8am EST to 8pm, EST] to permit Customer to report problems and seek assistance in the use of the Hardware Product. Microsoft shall assist Customer
in the diagnosis of Hardware Product issues. Customer acknowledges and agrees that to the extent that repair and/or replacement involves costs not covered under Advance Exchange Support, or Onsite Repair
Support (including, but not limited to, express shipping), Customer is responsible for all such costs.
5. Customer Cooperation - Customer agrees to cooperate with Microsoft: (a) to notify Microsoft promptly of any defect, error or Hardware Product or Advance Exchange Hardware malfunction and to submit
to Microsoft such information that Microsoft may reasonably require to reproduce the error or Hardware Product or Advance Exchange Hardware malfunction and the operating conditions under which the
error or Hardware Product or Advance Exchange Hardware malfunction was discovered; (b) to install, if requested by Microsoft and within Customer security guidelines, a network connection that will be made
available to Microsoft for the purpose of resolving problems, reviewing Customer use of software, or for any other reasonable purpose, and (c) to notify Microsoft of any additional hardware or software not
purchased from Microsoft that may be used in conjunction with the Hardware Product or Advance Exchange Hardware.
C. SUPPORT TERMS.
1. During the Hardware Warranty Term, Microsoft provides Return to Factory Support under the terms of Sections A and B.
2. For separate fees due upon the initial purchase of each Hardware Product, Customer can (1) add Installation Support (2) add Advance Exchange Support or Onsite Repair Support during the Hardware
Warranty Term or (3) extend Advance Exchange Support, and/or Onsite Repair Support for up to two years following the Hardware Warranty Term.
3. If Microsoft is unable to repair defective Hardware Product during the Hardware Warranty Term specified above, Microsoft will replace the defective Hardware Product with equivalent Hardware Product.
Any replacement Hardware Product may be either new or like-new, provided it has functionality at least equal to that of the Hardware Product being replaced. Hardware Product will be exchanged in
accordance with the terms of Section B.2. If Onsite Repair is required, the Microsoft resource will remove the existing Hardware Product and replace it with equivalent Hardware Product. Replacement of
Hardware Product may require multiple onsite visits.
4. Support for Hardware Products is dependent upon the availability of resources and materials. Microsoft will use commercially reasonable efforts to make necessary resources and materials available.
5. Consultation and Problem Resolution is provided in conjunction with Advance Exchange and On-site Support.
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WARRANTY & SUPPORT TERMS
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