Catacan Tech Ltd. - Articles - Toshiba Extended Warr. Terms and

SECTION 1 - PURCHASE RESTRICTIONS:

The SystemGuard, DRA and On.Call programs must be purchased in conjunction with TEPP, when purchased for Toshiba notebook computers (“Computer(s)”) that carry a Toshiba Standard Limited Warranty of One Year Parts and Labour. SystemGuard, DRA and On.Call programs can be purchased as stand alone programs when purchased for Toshiba notebook computers that carry a Toshiba Standard Limited Warranty of Two or Three Years for Parts and Labour.

SECTION 2 -OBJECT OF THE TOSHIBA PROGRAMS:

TEPP – This program covers warranty defects in the material which could affect your Computer(s) under normal conditions of use.
SystemGuard – This program covers Accidental Damage for Computer(s) that may have exhibited liquid spills, falls or electrical surges.
DRA – This program provides RUSH data recovery service with no premium, covers every data loss condition including: physical damage, human error, software error, virus contamination and provides unlimited incidents of data recovery attempts on your hard drive regardless of the circumstances that rendered your data inaccessible to you for the duration of the contract for the DRA Program. Data recovery services for the DRA are provided by CBL Data Recovery Technologies Inc. (“CBL”), a Toshiba Authorized Service Partner.
On.Call – This program provides On-Site Next Business Day repairs for Computer(s).
SystemGuard & On.Call - Parts, labour and transportation costs are covered in respect to your Computer(s) from the commencement date until the expiry date of the program.
All Programs – These programs are only valid in Canada in respect to new Computer(s) sold in Canada through Toshiba’s Authorized Distribution Network.

SECTION 3 -REGISTRATION:

If TEPP has been purchased, it must be registered within twelve (12) months of the date of purchase (date stated on invoice). If TEPP has to be purchased in conjunction with SystemGuard, DRA and/or On.Call, coverages under any of these programs will not commence unless the registration has been completed.
SECTION 4 - COMPUTERS AND PARTS COVERED:
The battery provided with the Computer(s) at the time of purchase by the manufacturer is limited to a twelve (12) month warranty from the date of purchase of same. These programs will exclude any coverage of the battery thereafter. In the event of a claim in respect to the Computer(s), these programs will only cover the costs of repairs, at the discretion of Toshiba, of all internal parts forming an integral part of the Computer(s) including the cost of labour and transportation.

SECTION 5 -SERVICES PROVIDED:

TEPP – The Customer will be provided with the location of the closest Toshiba Authorized Service Provider (ASP) and instructed to deliver the Computer(s) to the ASP for repair.
SystemGuard – Toshiba Authorized Service Provider will provide 3-5 day repair turnaround, subject to the limitations in Section 13, on accepted claims for Computer(s). If purchased in conjunction with TEPP, the service provided will fall under the SystemGuard program.
DRA - Data recovery services with most recoveries completed on a RUSH service basis within 48 hours of
receipt by CBL of the Computer’s hard disk drive (“HDD”).
On.Call – Toshiba/Service Provider will provide On.Call service on a next business day response time basis in respect to all registered Computer(s) which are located at the Customer’s location wherever situated within Canada and which are within 100 km of the following cities: Calgary, Edmonton, Halifax, Hamilton, Kitchener, London, Montreal, Ottawa, Quebec City, Regina, Saskatoon, Toronto, Vancouver, Victoria, Windsor, Winnipeg. Any such
Computer(s) not situated in one of the Customer’s registered locations are not covered by this program. All customer calls placed before 5pm EST will receive Next Business Day Service and all calls placed after 5pm will receive 2nd Business Day Service. If purchased in conjunction with TEPP, the service provided will fall under the On.Call program.

SECTION 6 -SCHEDULE AND HOURS OF COVERAGE DEFINED:

TEPP – Service under this program is available from 9am to 5pm, local time, Monday through Friday, exclusive of statutory and Toshiba’s designated holidays.
SystemGuard – Toshiba Authorized Service Provider services are available from 8am to 5pm, Eastern Standard Time, Monday to Friday, exclusive of statutory and Toshiba’s designated holidays.
On.Call – On.Call services are available from 8am to 5pm, local time, Monday to Friday, exclusive of statutory and Toshiba’s designated holidays.
DRA - DRA services are provided 7am to 7pm, Eastern Standard Time, Monday to Friday, exclusive of
statutory holidays.

SERVICE START DATE:

TEPP – Coverage under this program commences immediately upon expiration of the Toshiba Limited Original Manufacturer’s Warranty.
SystemGuard and DRA – Coverage under these programs commences thirty (30) days after plan purchase if the plan is purchased on the same date as the Computer If the plan is purchased after the purchase date of the Computer, coverage commences thirty (30) days after the plan purchase date.
On.Call – Coverage under this program commences thirty (30) days after entering into a purchase order by the Customer for such program. DEDUCTIBLE: Not applicable.

SECTION 7 -LABOUR RATES & FEES & BILLING:

SystemGuard & On.Call – Services/parts, which are not covered by this program and not covered by the Toshiba Standard Limited Warranty or TEPP (if applicable), as determined by Toshiba, shall be subject to the following rates and fees: Labour Rate – SystemGuard: $85.00 CDN per hour (minimum 2 hour charge); Labour Rate – On.Call: $90.00 CDN per hour (minimum 2 hour charge); Parts – SystemGuard & On.Call: Cost + 25%. The Toshiba/Service Provider (for On.Call) or the Toshiba Authorized Service Provider (for SystemGuard) will invoice the Customer for any of the services and parts as stated above.

SECTION 8 - SERVICES NOT INCLUDED:

The services to be rendered under the Program do not include services and/or repairs required due to defects or damage resulting from use of the product in any manner not normal or customary; misuse; improper or unauthorized cleaning or maintenance; improper installation, adjustment or any alteration or modification of any kind, peripheral devices, such as docking stations, external modems, game devices, carrying cases, and other computer components not internal to the Computer, or repairs by persons other than those authorized by Toshiba to service the Computer; service on the Computer purchased outside of Canada;
SystemGuard service of a Canadian purchased Computer outside of Canada; service on third party Computers not manufactured under the Toshiba brand name and distributed by Toshiba which maybe installed in or used in connection with the Computer; service of the Computer on which the Toshiba serial number label has been defaced or removed; replacement of unauthorized pieces; inadequate connections to peripheries; improper functioning of the software, except that which is included by the manufacturer on the date of purchase of the Computer and the replacement of which becomes necessary by the replacement of pieces covered by the present Extended Protection Plan; damages caused by theft or attempted theft, vandalism or bad weather, cataclysms, natural catastrophes or others; any defect in or damage to the Computer that is cosmetic only or otherwise does not affect Computer t functionality, which includes wear and tear, scratches, and dents that do not materially impair your use of the Computer.

SECTION 9 - TFT COLOUR DISPLAY TECHNOLOGY:

It is Toshiba’s policy that TFT displays, which exhibit more than 8 non-conforming pixels, or 3 or more non-conforming pixels in a cluster (2cmx2cm), and are still covered under the Toshiba limited warranty, will be replaced under the warranty repair program. Upon request,
Toshiba will examine any TFT display that exhibits a group of non-conforming pixels, such that they distort a character or graphic image. Based on the results of the examination, Toshiba will either return or replace the display. PRE-INSTALLED SOFTWARE (THE “SOFTWARE”): Toshiba makes no warranty or representation, either expressed or implied, with respect to the Software, its quality, performance, merchantability, or fitness for a particular purpose. Nor does Toshiba warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error free. As a result, unless otherwise stated in writing, the Software is sold on an “as is” basis. Should the Software prove to be defective, you, the purchaser, are assuming the entire risk as to its quality and performance as well as any costs associated with servicing, repair, or correction.

SECTION 10 - DATA STORAGE MEDIA:

The only effective protection for the data stored in a computer (includes preinstalled Software), such as on a hard disk drive, is a regular discipline of backing up the data. Toshiba/Service Provider accepts no responsibility for any software programs, data or information stored on any media or any part of any Computer returned to Toshiba/Service Provider for repair. Toshiba/Service Provider will make every effort to return the Customer’s Computer with all the Customer’s software programs, data, or information stored on any media intact. However, if during the repair of the Computer or data recovery service the contents of the hard disk or data storage media are altered, deleted or in any way modified Toshiba/Service Provider is not responsible for same whatsoever. It remains solely the Customer’s responsibility to assure the integrity of any software programs, data, or information stored on any storage media. Hard disk drives that fail and need replacing under the Toshiba’s Standard Limited Warranty/Extended Warranty will be replaced with a blank hard disk drive of equal capacity.
LIMITATIONS: These Programs only cover repairs and replacement of the parts necessary to re-establish the proper functioning of the Computer(s). These Programs do not cover any losses to person or property whether direct, consequential, or incidental, arising from the use of, or inability to use the Computer(s). These Programs do not cover any defect that is subject to a manufacturer’s recall or is covered by a manufacturer’s program of reimbursement. These Programs do not cover a Loss of Profits, loss of information, pecuniary losses of any nature whatsoever, exemplary or punitive damages, whether or not these damages are caused by a defect in the Computer(s) or in the data recovery process. Material damages and corporal damages, of whatever nature, are excluded. In no event will Toshiba/Service Provider be liable to Customers for indirect, special, incidental or consequential damages arising from the service provided under these Programs, delay in furnishing services, or failure to furnish services, including without limitation, loss of data or software, loss of use or lost profits, whether based in contract, tort or otherwise, even if Toshiba/Service Provider has been advised of the possibility of such damages. No Computer warranty is made under the terms and conditions of this Program. The only Computer warranty is stated in the Toshiba Standard Limited Warranty or TEPP (if applicable) which accompanied the Computer at the time of initial purchase.
TEPP & SystemGuard – The global limit of liability for claims under this Program cannot exceed the cost paid by the Customer for this Computer.
SystemGuard – Claims are limited to one (1) replacement per contract.
DRA –Unlimited number of data recovery incidents for the duration of the contract.

SECTION 11- CANCELLATION, EXCHANGE OR TRANSFER:

TEPP - This Extended Protection Plan may be cancelled by the holder or by Toshiba by means of a thirty (30) day written notice sent by registered mail, with respect to the holder, at the address appearing on the present, and, with respect to Toshiba, to the care of the administrator at the address appearing below. In this case, the cost of the present TEPP will be reimbursed on a pro rata basis from the period not yet expired, calculated on a daily basis.
SystemGuard - The SystemGuard Program can be cancelled within thirty (30) days of your receipt of these terms and conditions of the SystemGuard Program by sending written notice to Toshiba of Canada Ltd, Attn: Cancellation Dept. If you cancel the Program within thirty (30) days, you will receive a full refund less the cost of claims paid if any. Toshiba can cancel the
program or any individual contract at any time by providing 30 days notice and by refunding the pro rata service fee for the remaining time less the cost of claims paid. You may not cancel this Program after thirty (30) days of your receipt of it.
On.Call – The On.Call Program cannot at any time be cancelled by the Customer, except for justifiable cause. Toshiba/Service Provider may cancel the Program at any time, upon thirty (30) Days written notice to the Customer at the last address provided by the Customer. In the event that the Program is terminated by Toshiba/Service Provider for any reason other than justifiable cause or cancelled by the Customer for justifiable cause, then Toshiba will return to the Customer a pro-rata share of the service fee for the unexpired term of the Program. Customer may transfer the Program to another Toshiba Computer if the Computer is exchanged at point of purchase for quality reasons. In the event of an exchange, the Customer must contact Toshiba at (888) 893-7777 to provide required information regarding the exchanged and new Computer in order to activate coverage on the new Computer.
TEPP & SystemGuard - These plans may be transferred to one subsequent owner of the Computer by means of a written notice sent to Toshiba Warranty Department by registered mail within thirty (30) days of the sale by providing the date of sale as well as the identity of the new acquirer. The notice must include the payment of a sum of twenty-five dollars ($25.00) plus applicable taxes, payable to the order of Toshiba Warranty Department, which, at it’s sole discretion or at the discretion of the administrator, may accept or refuse the transfer. It is the responsibility of the subsequent owner to provide Toshiba with the invoice information to verify the purchase of the Plan(s) by the Computer’s original owner.

SECTION 12 -CLAIMS PROCEDURE:

TEPP – If the covered Computer fails to operate, the Customer should contact Toshiba at 1-800-663-0378, to receive information about the closest location of a Toshiba certified repair service centre. The Customer should provide the Computer model and serial number (eg PAS409C-E S/N 20016454) and be prepared to describe the system problem when calling the Toshiba Support Centre; The Customer must deliver the computer
to the designated service centre. The terms and conditions of these Programs do not modify the terms and conditions of the Toshiba’s Standard Limited Warranty or TEPP (if applicable), which accompanied the Computer at the time of initial purchase except as otherwise expressly provided herein.
SystemGuard, DRA & On.Call - For all claims, the Customer should follow the steps outlined below to obtain evaluation and service. Prior to placing a service request call: 1) Note your Computer model and serial number (E.g. PAS409C-E S/N 20016454); 2) Prepare to describe the system problem; 3) Have your system available for remote diagnosis; and 4) Call Toshiba service desk at 800-663-0378 and a technical support representative will assist you immediately.
SYSTEMGUARD - Toshiba’s technical support representative shall: 1) Confirm service entitlement, 2) Assign a unique tracking number to Customer’s request, which the Customer can use to receive status updates throughout the repair process, 3) Diagnose the problem over the phone, 4) If it is found to fall within the terms and conditions of this Program, the technical support representative shall provide the Customer with the name, address, and phone number of an Authorized Service Provider (ASP) that specializes in SystemGuard near the Customer’s location. Note: The Toshiba Authorized Service Provider may need to replace or reformat the hard drive, if it is identified as the source of your system problem. The only software the Toshiba Authorized Service Provider will install is a boot file, not a complete version of your software. It is highly recommended that you back-up your hard drive to avoid any data loss. At the Toshiba Authorized Service Provider site: A specially trained Service Engineer shall: 1) Confirm the Help Desk diagnosis and repair the Computer under the terms and conditions of this Program, 2) Test the system and verify proper operation, ON.CALL - Toshiba’s technical support representative shall: 1) Confirm service entitlement, 2) Assign a unique tracking number to Customer’s request, which the Customer can use to receive status updates throughout the repair process, 3) Troubleshoot and attempt to resolve the problem over the phone, 4) If the problem remains unresolved, the technical support representative shall dispatch the required part and an On.Call Service Field Engineer to the Customer’s registered location on the Next Business Day. Note: The On.Call Service Field Engineer may
need to replace or reformat the hard drive, if it is identified as the source of your system problem. The only software the Service Field Engineer will install is a boot file, not a complete version of your software. It is highly recommended that you back-up your hard drive to avoid any data loss.
Residential Customers: An “Authorized Adult”, an individual who is 18 years of age or older, must be designated as the responsible party for all service calls. This “Authorized Adult” must provide their name to the Service Field Engineer at the time the on-site service appointment is arranged and must be present at all times while service is being rendered until repair completion. If at any time during the service call, this “Authorized Adult” is not present at the residence where service is being rendered, or the Service Field Engineer is uncomfortable with the circumstances surrounding the service call, the Service Field Engineer will terminate the repair, leave the on-site location and the contract holder will be responsible for a call out charge at current time/materials rate, with a two hour minimum. If the “Authorized Adult” is not at the onsite location when the Service Field Engineer arrives for the scheduled appointment, a document will be left at the on-site location by the Service Field Engineer confirming the time of arrival and the Contract holder will be responsible for a call out charge at the current time/materials rate, with a two hour minimum. At the Customer site, a specially trained Service Field Engineer shall: 1) Confirm the Help Desk diagnosis and repair the Computer under the terms and conditions of this Program, 2) Test the system and verify proper operation, 3) Close the service request. Note: If the On.Call Service Field Engineer can’t repair the Computer On-Site, the Service Field Engineer will take the Computer back to Toshiba’s/Service Provider’s office to complete and to return the Computer back to the end user. If the On.Call Service Field Engineer determines the issue is software related; the Field Engineer will notify the Customer that the On-Site call will be chargeable.

SECTION 13 - GENERAL:

Toshiba cannot guarantee the availability of parts. The terms and conditions of these Programs are the complete arrangements between Toshiba of Canada Ltd. and the Customer relating to the subject matter here of. Any statements or representations made by Toshiba’s resellers or others, which are inconsistent with this Program, shall not be binding upon Toshiba. No amendment or modification shall be binding unless made in writing and signed by Toshiba. Toshiba shall not be liable for delay in furnishing or failing to furnish service in such delay or failure is caused by an act of God, strike, governmental action or any other cause beyond Toshiba’s immediate control. Toshiba reserves the right to discontinue these Programs and to modify the terms and conditions thereof, including fees, at any time.
DRA PROGRAM Toshiba and CBL, for themselves and their respective suppliers, do not assume any responsibility or liability for any additional damage that may occur to the Customer's HDD during or as a result of efforts to recover the lost data. Data recovery cannot be guaranteed, however best commercial effort will be applied to recover the data.
SystemGuard - If your Computer is covered under another valid service contract(s), agreement(s) and/or insurance policy(s), this Program shall provide coverage excess over other service contract(s), agreements(s), and/or insurance policy(s). Toshiba reserves the right to discontinue this Program and to modify the terms and conditions thereof, including fees, at any time without prior notice. Bankruptcy or Insolvency of the Administrator shall not relieve the New Hampshire Insurance Company of any obligations under the agreement. The Toshiba Extended Protection Plan (TEPP), the Toshiba Notebook SystemGuard Service Program, and the Toshiba On.Call Service Program are fully insured by New Hampshire Insurance Company, 2000 McGill College Ave, Suite 1200, Montreal, Quebec, H3A 3H3 and is administered by Warranty Company of Canada WCC Inc., Place du Parc, 300 Leo Pariseau, Suite 1700, Montreal, Quebec, H2X 4B3. DRA service program is provided by CBL , 590 Alden Rd, Unit 105, Markham, ON, L3R 8N2.
Confidentiality – DRA Program: CBL will use any information provided by the customer only for the purpose of fulfilling their recovery service engagement and will use its best efforts to hold the Customer’s Information in the strictest of confidence. Confidentiality shall not apply for to any information which entered the public domain through no fault of CBL; which is known to CBL prior to receipt from the Customer; which is disclosed to CBL by a third party (other than employees or agents of either party), which in making such information available
to CBL is not a violation of any confidentiality obligation to the disclosing party; or which is independently developed by CBL without recourse to the Customer’s Information...

SECTION 14 - INTERNATIONAL SERVICE:

TEPP – Provides simple and complete protection if the Customer experiences difficulty with their Computer while traveling outside of Canada. Customers are automatically enrolled in the International Warranty Program when TEPP is purchased.