EXTENDED LIMITED WARRANTY PROGRAM EXHIBIT 10.31
TERMS AND CONDITIONS
INTRODUCTION:
FieldWorks, Inc. cosigns and manufactures portable Field WorkStations for field
professionals who demand six slot expandability in a very rugged package. The
Field WorkStations provide years of uninterrupted performance as long as they
are cared for and maintained within the specifications listed for the product.
All Field WorkStations carry a full one year parts and labor limited warranty.
For those customers who need to have an extended warranty, FieldWorks has made
this plan available.
PLAN DESCRIPTION:
The terms and conditions of this agreement ("the Plan") extend the rights and
privileges of FieldWorks' one-year warranty for a one to two year period
beginning on the start date set forth on the reverse side. The Plan covers the
Field WorkStation product line as well as the options that are sold with the
Field WorkStations.
In the event that any covered Field WorkStation or option does not satisfy the
foregoing warranty at any time during the term of the Plan coverage, repair or
replacement of that instrument or option will be provided by FieldWorks.
The Plan is available for purchase during the original warranty period and
becomes effective at the completion of the initial year's warranty. However, the
cost of the Plan is less when purchased at the time of the Field WorkStation's
purchase.
Products which are out of warranty will need to be recertified by the factory to
determine their acceptability under the program. A recertification fee is
required. If service work is required you will be notified for approval to
proceed (in the form of a purchase order) and the recertified fee will apply
towards the service work required.
WHAT IT DOES NOT COVER:
THE PLAN DOES NOT COVER ANY COSTS YOU INCUR IN RETURNING THE PRODUCTS TO
FIELDWORKS' MINNESOTA REPAIR FACILITY INCLUDING, BUT NOT LIMITED TO, THE COSTS
OF PACKAGING, INSURANCE AND TRANSPORTATION. IT DOES NOT INCLUDE THE COST OF
INSTRUMENT HARDWARE CHANGES WHICH MAY 8E NEEDED TO TAKE ADVANTAGE OF FEATURES
PROVIDED IN NEW RELEASES OF THE BIOS OR SYSTEM M SOFTWARE, INSTRUMENTATION, OR
OPTIONS.
LIMITED WARRANTY
THE EXTENDED WARRANTIES PROVIDED HEREUNDER AS DESCRIBED ABOVE ARE IN LIEU OF AU
OTHER WARRANTIES, EXPRESSED OR IMPLIED, WHICH ARE HEREBY DISCLAIMED AND EXCLUDED
BY FIELDWORKS, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE OR USE, AND ALL OBLIGATIONS OR WARRANTIES OF
FIELDWORKS UNDER THE ORIGINAL WARRANTY FOR HARDWARE, SOFTWARE OR OPTIONS THAT
ARE NOT EXPRESSLY EXTENDED UNDER THESE TERMS AND CONDITIONS AS DESCRIBED ABOVE.
LIMITATION OF REMEDIES:
THE SOLE EXCLUSIVE REMEDIES FOR BREACH OF ANY AND ALL WARRANTIES AND THE SOLE
REMEDIES FOR FlELDWORKS' LIABILITY OF ANY (lNCLUDING LIABILITY FOR NEGLIGENCE),
OTHER THAN LIABILITY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, WITH RESPECT TO
THE PRODUCTS AND SERVICES COVERED BY THIS AGREEMENT AND ALL OTHER PERFORMANCE BY
FIELDWORKS UNDER OR PURSUANT TO THIS AGREEMENT SHALL BE LIMITED TO THE
MAINTENANCE SERVICE SPECIFICALLY DESCRIBED ABOVE.
PRICES AND PAYMENT:
Prices are exclusive of all federal, state, municipal or other political
subdivision, excise, sales, use, property, occupational, or like taxes now In
force or enacted in the future and are therefore subject to an increase equal to
any such taxes FieldWorks may require to collect or pay upon the sale of
Services purchased hereunder.
TO ORDER THE EXTENDED WARRANTY PROGRAM AGREEMENT:
FieldWorks Extended Warranty Program can be ordered through your Sales
Representative or through the Sales Department at FieldWorks. The Following
information will be needed:
1. The Field WorkStation's Model Number and Serial Number.
2. The options as to be included in the warranty.
3. The BIOS Release Date (available on power up screen)
4. A purchase order for the service request.
Two copies of the completed agreement will be mailed to you for your signature.
Please keep one copy and return the other copy in the postage paid envelope
provided. This will ensure prompt registration. The Agreement goes into effect
when payment is received and/or on the specified start date, whichever is later.
MISCELLANEOUS:
This agreement is not assignable by Customer without the prior written consent
of FieldWorks. Any such attempt of assignment shall be void.
The Customer acknowledges that he/she has read this agreement and understands
and agrees to be bound by its terms, conditions and prices. Customer further
agrees that this Agreement, when combined with FieldWork's standard one-year
limited warranty is the complete and exclusive statement of the mutual
understanding of the parties and that this Agreement supersedes and cancels all
previous written and oral agreements and communications relating to the subject
matter of this agreement.
FieldWorks shall not be obligated to perform any maintenance services under the
Plan if any amount due from Customer is outstanding or overdue.
These forms and conditions constitute the entire agreement of the parties with
respect to the subject matter hereof, and supersede all previous agreements by
and between FieldWorks and customer related to the products or services provided
hereunder, as well as all proposals, oral, or written, and all negotiations,
conversations or discussions heretofore between the parties related thereto.
Customer acknowledges that it has not been induced to enter into this agreement
by any representations or statements, oral, or written, not expressly contained
herein.
TO RETURN PRODUCTS FOR MAINTENANCE:
FieldWorks provides ongoing technical support for customers who need assistance.
If a problem arises with the product, assistance may be requested by calling
technical support 1612) 947~856. Simply explain the problem to the support
representative. Many problems can be solved over the phone. If the support
representative sees the need for the product to be repaired at the Minnesota
facility then he/she will give the Customer a RMA# which should be plainly
displayed on the outside of the box prior to shipping to FieldWorks.
FieldWorks will ship the unit within 48 hours of receiving the unit.
FIELDWORKS, INC.
EXTENDED LIMITED WARRANTY AGREEMENT
(Please Print or Type)
Coverage under This Program Includes:
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Model Serial Number of
Number Number Bios Version Years Start Date End Date Price
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TOTAL:
Bill To: Contact:
____________________________________ _____________________________________
____________________________________ ____________________________________
____________________________________ ____________________________________
____________________________________ ____________________________________
Agreed: Agreed:
____________________________________ FieldWorks, Incorporated
Company Name 0000 Xxxxxx Xxxx Xxxx
____________________________________ Eden Prairie, MN 55344
Street Address
____________________________________ Phone: (000) 000-0000
City/State/Zip FAX: (000) 000-0000
____________________________________
Telephone This program is subject to the
____________________________________ terms and conditions described on
FAX Number the reverse side. Please read
carefully before signing. This
agreement becomes valid upon
acceptance by FieldWorks, Inc.
Accepted By:
X___________________________________ X___________________________________
Signature & Title Signature & Title
Contract Agent
____________________________________ ____________________________________
Date Date
................................................................................
CUSTOMER AGENTS AUTHORIZED TO SIGN
UNDER AGREEMENT:
____________________________________ ____________________________________
Name & Title Name & Title
____________________________________ ____________________________________
Name & Title Name & Title
