MazeEngineers Full Service Plan
Terms and Conditions
Thank you for purchasing the MazeEngineers Full Service Plan (the “Plan”) for your MazeEngineers product(s) listed on Schedule A (hereinafter collectively or individually referred to as the “Product”). The Plan is governed by the following agreement (the “Agreement”) between Maze Eng, Inc. (“MazeEngineers”) and you (“Customer” or “you”).
The Plan provides you with additional services above and beyond the MazeEngineers Limited Warranty and Extended Limited Warranty. While covered by the Plan, if the Product becomes damaged or defective (with certain exceptions and limitations specified below), MazeEngineers will repair or replace the Product at no additional charge (except as stated herein).
Except to the extent stated herein, the Plan does not extend, replace, or change the terms and conditions of MazeEngineers’ Limited Warranty or Extended Limited Warranty, if applicable.
Priority Customer Service
The Plan provides Customers with priority access to MazeEngineers Customer Support (“Support”), including Hotline Support, Video Conference Appointments, and On-Site Service, during the Coverage Period.
Customers under the Plan may contact Support via telephone (“Hotline Support”) with support requests during MazeEngineers Customer Support’s operating hours. MazeEngineers will make reasonable commercial efforts to provide an initial response to requests for support made by you within two business hours. (Business hours are 9:00 AM to 5:00 PM Eastern Time, excluding weekends and U.S. Federal holidays.) Telephone numbers, operating hours, and directions may be found at http://MazeEngineers.com/customer-care/ and may be amended from time to time without prior notice. MazeEngineers is not responsible for any long distance fees or service charges you may incur by using Hotline Support. Hotline Support may be limited to calls of reasonable length and frequency.
Video Conference Appointments
In addition to telephone calls to Customer Support, Customers under the Plan may contact Support to schedule video conference appointments, during operating hours and subject to availability, to receive support (“Video Conference Appointments”). Video Conference Appointment requests should be made as directed at http://MazeEngineers.com/customer-care/, which may be amended from time to time without prior notice. Video Conference Appointments may be subject to change based on availability and may be limited to a reasonable length. MazeEngineers will initiate Video Conference Appointment by placing a video conference call within the continental United States to a video conference system provided by the Customer.
MazeEngineers will, as needed, send an authorized representative to the Product’s location to perform necessary on-site repairs or replacement (“On-Site Service”). The cost of parts, labor, and travel are included in the price of the Plan.
Prior to obtaining On-Site Service, the Customer must first contact Support, either via Hotline Support or Video Conference Appointment, so that Support may determine how best to solve the problem.
If Support determines that the damage or defect can best be resolved by replacing the Product or Product part, then MazeEngineers’ obligations under this Plan may be fulfilled by sending Customer by express courier a new Product or Product part or, at the discretion of MazeEngineers, serviceable used Product or Product part that is equivalent or superior to the performance of a new Product or Product part, in lieu of On-Site Service. The cost of such replacement Product or Product part, and the shipping and handling of such replacement Product or Product part, are included in the price of the Plan. Support will provide instruction (via Hotline Support or Video Conference Appointment) so that Customer may properly install the replacement Product or Product part, and Customer agrees to cooperate reasonably with such instruction.
Replacement Products and Parts
Any replacement Product or Product part provided by MazeEngineers under the Plan shall be covered by the Plan for the remaining Coverage Period of the original Product.
Upon receipt of a replacement Product or Product part, Customer must return the original Product or Product part to MazeEngineers. The original Product must be properly packaged for shipment as instructed by MazeEngineers using the same packaging as the Replacement Product arrived in or the product’s original packaging. If the original product is not returned within seven business days, Customer shall pay the full retail price of the Product and this Plan shall be cancelled.
Eligibility and Coverage Period
The decision whether to offer, extend, or renew the Plan in connection with a particular Product will be determined by MazeEngineers on a case-by-case basis within MazeEngineers’ sole discretion. The Plan is offered for a specific identified Product and begins either when the Plan is purchased or when the Product is shipped by MazeEngineers to you, whichever is later (“Coverage Start Date”). The Plan continues, unless otherwise renewed or extended, for a period starting at the Coverage Start Date and ending either one year, three years, or five years later (the “Coverage Period”), depending on which Plan is purchased.
Coverage in Alaska, Hawaii, and Outside the United States
Customers or Products located in Alaska, Hawaii, and outside the United States may be eligible for the Plan, on a case-by-case basis, in MazeEngineers’ sole discretion. Additional limitations, costs, and conditions stated in Schedule B apply. To the extent terms stated in Schedule B differ from terms stated elsewhere in this Agreement, Schedule B shall prevail.
Each Plan covers a specific Product and may not be transferred to another Product or to another Customer. The Plan may not be resold and is non-transferable and non-refundable, unless the Product is returned in accordance with MazeEngineers Return Policy, in which case the cost of the Plan is also refundable.
MazeEngineers, at its sole discretion, may terminate this Agreement and refuse to provide further services under the Plan for abusive, inappropriate, or unreasonable behavior; failure to comply with MazeEngineers’ published policies and procedures; or failure to pay outstanding charges due under this Agreement. In the event that MazeEngineers terminates your participation in the Plan, MazeEngineers may provide you with a prorated refund at its sole discretion.
Disclaimer of Unstated Warranty
UNLESS CUSTOMER HAS PURCHASED ADDITIONAL WARRANTY COVERAGE FROM MAZEENGINEERS, THE WARRANTY PRINTED ABOVE IS THE ONLY WARRANTY APPLICABLE TO THE PRODUCT DESCRIBED ON SCHEDULE A. ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE, ARE DISCLAIMED. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF AND THE FOREGOING WARRANTY SHALL NOT BE EXTENDED, ALTERED, OR VARIED EXCEPT BY WRITTEN INSTRUMENT SIGNED BY MAZEENGINEERS.
To Be Eligible For Coverage Under the Plan
The Plan shall apply only if the Product is still owned and in the custody of the person or entity that purchased the new Product from MazeEngineers (or from an authorized distributor/reseller). (As used in this Agreement, “entity” shall mean a single corporation/LLC/partnership/sole proprietorship, non-profit organization, college, university, or research institution, but shall not include that entity’s affiliates, parents, subsidiaries, assignees, successors, or locations or campuses other than the entity’s location or campus to which the Product was originally delivered.) Any person exercising a claim under this Plan must establish to the satisfaction of MazeEngineers the date of purchase, that the Product was purchased new, and that the product was purchased by the person or entity exercising the claim. The sales receipt or invoice, showing the date of purchase of the Product, is the proof of the date of purchase.
Limitations and Exclusions
THIS AGREEMENT SETS FORTH MAZEENGINEERS’ MAXIMUM LIABILITY FOR ITS PRODUCT. THE PLAN EXTENDS ONLY TO PRODUCT PURCHASED FROM MAZEENGINEERS OR A MAZEENGINEERS AUTHORIZED RESELLER OR DISTRIBUTOR.
MazeEngineers shall have no further obligation under this Agreement if, in MazeEngineers’ determination, the Product has been damaged due to abuse, misuse, neglect, accident, unusual physical or electrical stress, unauthorized modifications, tampering, acts of God (such as fires, floods, and earthquakes), alterations, or service other than by MazeEngineers or its authorized agents, causes other than from ordinary use, or from failure to properly use or maintain the Product in the application for which said Product was intended.
The Plan also excludes Product cleaning, repair, or replacement of parts in connection with cosmetic damage.
Limitation of Liability
IT IS UNDERSTOOD AND AGREED THAT MAZEENGINEERS’ LIABILITY, WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE, OR OTHERWISE, SHALL NOT EXCEED THE RETURN OF THE AMOUNT OF THE PURCHASE PRICE PAID BY PURCHASER. TO THE EXTENT PERMITTED BY LAW, MAZEENGINEERS SHALL NOT RESPONSIBLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OR CONDITION OR ANY OTHER REASON, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, COMPROMISE, OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED, INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH MAZEENGINEERS PRODUCTS AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT.
MazeEngineers shall not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event.
Limitation on Bringing Action
No action, regardless of form, arising out of the agreement to purchase the Product may be brought by purchaser more than one year after the cause of action has accrued, unless such limitation is expressly prohibited under applicable law.
This Agreement, and any action, regardless of form, arising out of this Agreement or the agreement to purchase the Product, is governed by and shall be construed and interpreted under Illinois law.
All disputes between the parties arising out of or relating to this Agreement, including to interpret or enforce the terms herein, shall be settled by binding arbitration in _____ County, Illinois, before a single arbitrator pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The arbitrator may award any legal or equitable remedy. The prevailing party shall be awarded its costs and expenses incurred in any arbitration proceeding, including administrative costs, arbitrator’s fees, and transcript fees, expert costs and fees, and reasonable attorney’s fees. The parties agree that the arbitrators’ award shall be final and that each of them expressly waive the right to trial by jury.
MazeEngineers retains the right to amend the terms or details of this agreement at any time.
Product(s) Under Warranty
Coverage Period and Prices
☐ One (1) Year: ___% of Product price = $________
☐ Three (3) Years: ___% of Product price = $________
☐ Five (5) Years: ___% of Product price = $________
Additional Limitations, Conditions, and Costs
for Products and Customers in Hawaii, Alaska, and
Outside the United States