presenting your Epson product for carry-in warranty service are your responsibility. If a claimed defect
cannot be identified or reproduced in service, you will be held responsible for costs incurred.
D. DISCLAIMER OF WARRANTIES: EPSON’S SOLE AND EXCLUSIVE LIABILITY AND YOUR EXCLUSIVE
REMEDY FOR BREACH OF WARRANTY SHALL BE LIMITED TO EITHER, AT EPSON’S OPTION, REPAIR OR
REPLACEMENT AS SET FORTH ABOVE. THE WARRANTY AND REMEDY PROVIDED ARE EXCLUSIVE AND
IN LIEU OF ALL OTHER EXPRESSED OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE ANDNON-
INFRINGEMENT. SOME LAWS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IF THESE
LAWS APPLY, THEN ALL EXPRESS AND IMPLIED WARRANTIES ARE LIMITED TO THE WARRANTY PERIOD
IDENTIFIED ABOVE. UNLESS STATED HEREIN,ANY STATEMENTS OR REPRESENTATION MADE BY ANY
OTHER PERSON OR FIRMARE VOID. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG
IMPLIED WARRANTIES LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
E. EXCLUSION OF DAMAGES; EPSON’S MAXIMUM LIABILITY: IN NO EVENT SHALL EPSON OR ITS
AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY LOST
PROFITS, COST OF SUBSTITUTE EQUIPMENT, DOWNTIME,CLAIMS OF THIRD PARTIES, INCLUDING
CUSTOMERS, OR INJURY TO PROPERTY, RESULTING FROM THE USE OR INABILITY TO USE THE EPSON
PRODUCT, WHETHER RESULTING FROM BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY. IN NO
EVENT SHALL EPSON OR ITS AFFILIATES BE LIABLE FOR DAMAGES OF ANY KIND IN EXCESS OF THE
ORIGINAL RETAIL PURCHASE PRICE OF THE PRODUCT. SOME STATES DO NOT ALLOW EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU.
F. Disputes, Arbitration, Governing Laws:
Both you and Epson agree that any controversy or claim arising out of or relating to Epson
products or services or this agreement, shall be resolved by arbitration on an individual, non-
class, non-representative basis, rather than in court. The arbitration shall be governed by the
rules of JAMS that are in effect when the arbitration is filed, excluding any rules that permit
arbitration on a class or representative basis and under the rules set forth in this agreement.The
arbitrator, and not any federal, state, or local court or agency shall have the exclusive authority
to resolve any dispute relating to the interpretation, applicability, enforce ability, or formation,
including but not limited to, any claim that all or any part is void or voidable. JAMS rules are
available at http://www.jamsadr.com or by calling 1-800-352-5267. Disputes shall be resolved
bya single neutral arbitrator, and both parties shall have a reasonable opportunity to participate
in the selection of the arbitrator. If you wish, you may appear at the arbitration by phone. The
arbitrator is bound by the terms of this agreement.
Pre-Arbitration Steps and Notice. Before submitting a claim for arbitration, you agree to try, for
sixty (60) days, to resolve any dispute informally by contacting us at
customer.inquires@ea.epson.com. Please include your name, address and contact information,
the facts giving rise to the dispute, and the relief requested.You agree to act in good faith to
resolve the dispute, but if you and Epson do not reach a resolution within the sixty (60) days, you
may commence an arbitration.
Opt-out. You may elect to opt-out (exclude yourself) from the final, binding,individual arbitration
procedure and waiver of class and representative proceedings specified in this agreement by
sending a written letter to Epson America, Inc., ATTN: Legal Department, 3840 Kilroy Airport Way,
Long Beach,CA 90806 (effective August 2020: 3131 Katella Ave., Los Alamitos, CA 90720),within
thirty (30) days of your purchase of the Epson products and/or services that specifies (i) your
name, (ii) your mailing address, and (iii) your request to be excluded from the final, binding,
individual arbitration procedure and waiver of class and representative proceedings specified in
this Section F. In the event that you opt-out consistent with the procedure set forth above, all
other terms shall continue to apply, including the requirement to provide notice prior to litigation.
There is no judge or jury in arbitration and your grounds for appeal are limited, however, the
arbitrator is empowered to grant relief and award you the same damages as a court could,
including declaratory or injunctive relief. Judgment on the arbitration may be entered in any court
having jurisdiction.
Notwithstanding the foregoing, you may bring an individual action in a small claims court of your
state or municipality if the action is within that court’s jurisdiction and is pending only in that
court.
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