Terms and Conditions online RMA apply

1.       Applicability

These Terms and Conditions apply to the Repair Services that are provided by ASUS and/or an Authorized ASUS Service Partner to the Customer regarding [ASUS Product(s)]. ASUS is a company duly registered in the Netherlands with its principal address at, Nieuw Amsterdamsestraat 44, 7841 VA, Emmen.

 

 

2.       Terms and Conditions

These Terms and Conditions describe the Customer’s status rights and obligations. These Terms and Conditions are in accordance with the Standard Warranty Terms for the  ASUS Product(s). The applicability of any other Terms and Conditions is excluded.

 

 

3.       Warranty term and location

a)      The warranty term that applies for ASUS Product(s) can be found on the label sticker on the back of the Product, or on another location as referred to in the Product’s warranty card. The warranty is offered to the original purchaser of the Product, from the date of purchase. The warranty term that applies for mechanical defects of the battery can be found on the Product’s warranty card. These mechanical defects do not include the naturally occurring loss of capacity.

b)      ASUS guarantees that the Product Customer has purchased is free from defects in materials and workmanship under normal use, during the Standard Warranty Term. The warranty services that are offered during this term can be found on http://support.asus.com.tw/repair/repair.aspx?no=242&SLanguage=uk

c)       ASUS reserves the right to change, at any time, the warranty services available to the Customer, to the extent permitted by law.

d)      In case the available warranty service is local, this means the warranty service is only available in the country where the (brand new) Product was originally bought. In case international warranty is claimed, this is subject to the availability of localized spare parts. This means, for example, that ASUS cannot guarantee that a French language keyboard will be available when applying for international warranty in the United Kingdom.

e)      Not all warranty services may be available at your location, please refer to http://support.asus.com.tw/contact/contact.aspx?no=339&SLanguage=uk and your Product’s Warranty card to see which warranty services are available at your location.

 

 

4.       Registration required

The repair services as mentioned in these Terms and Conditions are only available for authentic ASUS products; repair will only be carried out if the product is registered with ASUS for warranty coverage.

ASUS will provide clear instructions on how to register the product for the purposes of warranty cover on the ASUS web site. ASUS will not be held responsible for the refusal and/or termination and/or delay of repair service that occurs in the situation where the product is out of warranty, or the product has not been registered for warranty cover.

 

 

5.       In-warranty repairs

ASUS will provide repair services to remedy a defect in a product’s materials or workmanship. In-warranty repairs will be performed free of charge, provided the applicable requirements are met.

 

 

6.       Out-of-warranty repairs

In case of out-of-warranty repairs, including Customer Induced Damage, the Customer agrees to pay for repair services (including spare parts) and for any applicable shipping and handling fees.

 

 

7.       Extended warranty Coverage

ASUS products which have extended warranty coverage will only be guaranteed to receive repair services, when the following conditions are met:

a)      The extension package is purchased directly from ASUS and an authorized warranty code has been provided;

b)      The warranty code provided proves to be authentic.

 

 

8.       When is your product not covered by ASUS standard warranty?

ASUS warranty covers and offers service only to technical hardware issues during the service coverage and warranty period, and under normal use conditions. It does not apply to any software issue or customer induced damages (CID) and/or circumstances such as but not limited to the following:

 

a)      The product has been tampered with, repaired or modified by non-authorized personnel;

b)      The serial number on the product, components or accessories has been altered, defaced or removed;

c)       The warranty seals have been broken or altered;

d)      Damage to the product caused by war, terrorism, fire, accident, natural disaster, intentional or accidental misuse, abuse, neglect or improper maintenance, use under abnormal conditions, obsolescence, rust, change in color, texture or finish, wear and tear, gradual deterioration;

e)      Fraud, theft, unexplained disappearance or willful act;

f)       Damage (accidental or other) to the system that is cosmetic, meaning damage that does not impact the operation and functioning of the product;

g)      Damage to the product caused by the product having been installed or connected to a peripheral device that is neither ASUS-brand nor sold by ASUS;

h)      Damage to the product caused by improper installation or improper connection to a peripheral device such as printer, optical drive, network card, or USB device;

i)        Damage to the product caused by an external electrical fault, including incorrect power supply or any accident;

j)        Damage to the product resulting from use outside of the operation or storage parameters or environment detailed in the ASUS product User's Manual;

k)      Damage to the product resulting from use of parts not manufactured or sold by ASUS;

l)        Damage to or loss of any program, data or removable storage media, or if there are costs involved in recovering any program or data;

m)    Damage to the product caused by third party software or viruses; or

n)      There is software loss or data loss that may occur during repair or replacement;

o)      The product has been damaged due to improper packaging by the Customer;

p)      Damage to the product due to liquid or moisture/humidity.

 

 

9.       Contact with call center

a)      During the contact with the call center, the call center agent will try to solve the problem remotely, with the Customer’s assistance.

b)      Please keep the following information at hand when contacting the call center:

                                                  I.      Type and model of your Product;

                                                II.      Serial number of your Product (please refer to http://support.asus.com/repair.aspx?no=566&SLanguage=en where it is explained how to locate your Product’s serial number);

                                              III.      Description of hardware and software;

                                              IV.      Problem description;

                                                V.      Any error messages and other messages that have been displayed on screen.

c)       In case the problem cannot be solved remotely, ASUS will,

                                                  I.      In case, to the opinion of ASUS, the problem can be solved using a Customer Replaceable Part (part which can be replaced by the Customer himself), send the Customer a Customer Replaceable Part  including clear instructions on how to replace this part;

                                                II.      or issue an RMA-number, so the defective Product can be sent to ASUS for repair.

 

 

10.   Customer’s contact information

The Customer shall provide true, accurate, current and complete personal information as prompted in the product registration form and service authorization form. If there are any changes to the personal information (for example address, phone number, email address etc.), the Customer is required to update and amend his personal information through the ASUS Service Center. By accepting these Terms and Conditions the Customer also accepts that parts of the Customer’s personal information may be transferred to third parties in order to provide warranty services.

 

 

11.   Preparing the defective product for shipping

a)      Customer is responsible for backing up his (personal) data in a safe manner, and to keep a copy of important files. ASUS will never be liable or responsible for any loss of data or files, or compromising the confidentiality thereof, during the repair or shipping process. Create a backup of your personal files, and then remove your personal files from the product prior to packing it for shipping. Leaving any personal data on the Product is completely your own risk. If ASUS finds any personal data still left on the Product, ASUS will endeavor to treat this data with confidentiality. In case, however, data is found on a Product in repair which, according to local law, could relate to any criminal offence (for example child pornography), ASUS and its employees are entitled to report this to the authorities. The Customer is and will at all times be responsible for the data made available to ASUS. Please be advised that the hard disk may need to be replaced during repair; also for this reason you need to create a back-up of your personal data.

b)      The Customer only needs to include the product itself, including the battery, adapter and the power cable in the package. Accessories do not need to be returned, unless specifically requested. Please remove any SD cards, flash drives, USB keys and CDs/DVDs from the product. Items that were received without being specifically requested will be considered filling material and can be discarded. The Customer cannot make any claims regarding these accessories which were sent without being specifically requested.

c)       In case the error is related to the power adapter, this can be sent as single part, if this has previously been agreed with the call center.

d)      Please also include copies of the original warranty card and proof of purchase.

e)      Please use the original packaging if possible, or use similar packaging for shipping the defective product. Please make sure the product cannot shuffle within the box, and that is it sufficiently protected against possible transport damage.

f)       Make sure the RMA-number is clearly visible on two sides of the box.

g)      Since the product might be shipped outside of the Customer’s country, all domestic and international (shipment) standards and formalities need to be followed.

h)      In case the dimensions of the return package are more than 10 % greater than the original packaging the Product came in, ASUS reserves the right to charge Customer with the total shipping costs.

 

In case ASUS is not in charge of Pick-up and Return of your Product, ASUS warranty does not cover the insurance costs for shipping your defective and/or repaired Product; you are yourself responsible for insurance during shipping of the Product.

 

 

12.   Accepting shipments / Unauthorized Returns

ASUS reserves the right to refuse shipments in the following cases:

 

a)      No clear RMA-number is stated on the return package;

b)      The RMA-number has expired, which happens after 14 days from issue date;

c)       The contents of the package do not match the information provided by Customer; 

d)      The Product has been damaged in transit due to improper packaging;

e)      The ASUS-Product with valid RMA number has been sent with one or more non-ASUS accessories.

 

These cases are considered ‘Unauthorized Returns”, and will be void of warranty and returned to the Customer at their expense and risk. No refunds or exchanges will be offered.

ASUS cannot repair or process these return shipments and cannot be held liable or responsible for any delay, non-processing or termination of repair services in the situations mentioned above.  

 

 

13.   Refusal of service

ASUS reserves the right to refuse services for:

a.       Non-ASUS products;

b.      ASUS products which were not imported/exported according to applicable regulations;

c.       ASUS products which were obtained illegally.

 

 

14.   Diagnosis and price quotation

a)      Upon receipt of the defective product, ASUS will diagnose the problem. If this diagnosis reveals that it concerns an out-of-warranty case, ASUS will send the Customer a price quotation, which includes prices for needed spare parts and repair costs as well as diagnosis costs and costs for shipping and handling. After the Customer has agreed in writing with this price quotation, ASUS will begin repair services for the product.

 

b)      When the Customer hasn’t agreed with the price quotation within 30 days, the product will be returned unrepaired, after the Customer has paid for the diagnosis costs and the costs for shipping and handling.

 

c)       If, according to ASUS, the value of the repair services would exceed the current value of the product (Beyond Economic Repair) or the Product cannot be repaired due to the degree of damage, the Customer will be informed and the Product will be returned to the Customer unrepaired, after the Customer has paid for the diagnosis costs and costs for shipping and handling.

 

d)      If ASUS, during diagnosis, cannot determine the defect as indicated by the Customer (No Trouble Found), the Customer will be informed and the Product will be returned to the Customer unrepaired.

 

e)      No rights may be derived from price quotations that are evidently incorrect. Please note that the price quotation is based on an initial diagnosis of the product, so it does not involve a binding obligation for ASUS regarding the feasibility to perform the repairs for the stated price. In case the repair costs will be higher than initially indicated by ASUS, the Customer will be sent a new price quotation.

 

 

15.   Solution

ASUS will repair the defective product or, if ASUS determines this is not possible within a reasonable timeframe, provide the Customer with a swap product that is equivalent in performance to the Customer’s Product.

 

 

16.   Term for repair services

Subject to spare parts availability, the in-warranty repair of the defective product will be finished within a reasonable timeframe.

 

 

17.   Limitation of liability

a)      ASUS and its affiliates, employees and representatives can in no event be held liable for any consequential, incidental, direct, indirect, special, or other damages whatsoever, including, without limitation, the costs for recovering, reprogramming or reproducing software or data, or for not maintaining the confidentiality thereof, the loss of business transactions, advantages, profits or anticipated savings/economizations to the maximum extent that is permitted by law. The aggregate liability of ASUS, its affiliates, employees and/or representatives towards the Customer for any claim that might possibly arise during or in conjunction with the repair services will not amount to more than the value of the ASUS product in question.

 

b)      The Customer is responsible for correctly packaging the defective product that is sent to ASUS. ASUS is not liable for any damages resulting from the use of improper packaging. In case the Customer does not observe the packing instructions provided, the Customer is liable for any resulting damage to the product.

 

c)       During the repair services, ASUS is not responsible for any software installed or data stored on the product or any damage thereto. For issues regarding software, please seek the assistance of its vendor.

 

d)      ASUS is not responsible for loss of or damage to any accessories that were sent without being specifically requested.

 

e)      ASUS is not liable for any loss, damage or delay resulting from the Customer not having provided correct and/or up-to-date information.

 

 

18.   Indemnification

The Customer agrees to fully indemnify and hold ASUS harmless from and against any dispute and/or litigation filed by any third party due to a breach of these Terms and Conditions by the Customer. In this instance the Customer agrees to pay in full all costs including, without limitation, all legal fees, advisors fees, damages to any third party and any court costs.

 

 

19.   Warranty on repairs

ASUS warrants that the replacement parts are free from defects in materials or workmanship for a period of three (3) months, or for the remainder of the Standard Warranty Term of the Product they are replacing or in which they are installed, whichever is longer. This warranty starts from the date the repaired or swap product is shipped to the Customer.

 

 

20.   Reclamations

After receipt of the defective product, the Customer has the right to report a damaged shipment or missing parts within 48 hours to the local ASUS contact center, please see: http://support.asus.com/hotlines.aspx?SLanguage=en. In case a possibly damaged shipment is not reported to ASUS within this term, ASUS cannot be held liable for any claims in this respect.

 

 

21.   Force Majeure

Force Majeure refers to any event that is unforeseeable, the occurrence and effect of which is unavoidable and insurmountable.

Should ASUS, due to the occurrence of Force Majeure, fail to perform its duties as stated in these Terms and Conditions, ASUS shall, in light of the effect of the Force Majeure, be exempted from all or some of its responsibilities hereunder. In this case, Customer has no right to any compensation.

 

 

22.   General

a.       If any provision or provisions of these Terms and Conditions shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected of impaired hereby.

 

b.      Defective or replaced parts and/or Products will not be returned to Customer. ASUS will retain the replaced part and/or Product that is exchanged during the repair service as its property. If, however, any applicable law requires ASUS to return a replaced part to Customer, the Customer agrees to pay ASUS the retail cost and shipping of the replacement part. ASUS will instruct you whether or not you should return any defective parts that have been replaced through the Customer Replaceable Parts program.

 

c.       ASUS reserves the right to change at any time the method by which ASUS may provide service to you, and your covered equipment’s eligibility to receive a certain method of service.

 

 

23.   Applicable law and competent court

a.       These Terms and Conditions are subject to the laws of the Netherlands. Any dispute or claim related to or arising out of the Repair Services and/or these Terms and Conditions shall be governed by and construed in accordance with the laws of the Netherlands.

b.      Parties irrevocably agree that the courts of the Netherlands shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms and Conditions.