Lenovo (Australia & New Zealand) Pty Limited ABN 70 112 394 411 of Level 10, North Tower, 1-5 Railway Street, Chatswood NSW 2067(“Lenovo”) will confirm receipt of your order and will accept your order and provide Service only if (1) you accept the terms of this Lenovo Incident Support Services Agreement (“Agreement”), and (2) the Service is available.

As the contractual basis of our relationship, all transactions will be governed under the laws of New South Wales, as without regard to conflict of law principles.  This Agreement, and its applicable attachments or supplemental documents, is the complete agreement between you and Lenovo regarding your acquisition of Service and replaces any prior oral or written communications between you and Lenovo.  Unless agreed by Lenovo in writing, any additional or different terms in any order or written communications from you are void.  All your rights and obligations under this Agreement are valid only in Australia.

You accept the terms of this Agreement by accepting the provision of the Service, by clicking to accept these terms and completing your transaction when ordering online, or, when ordering by any other means, according to the acceptance procedures for the applicable Service.

Lenovo Incident Support Services provides support and assistance to customers covering a wide range of personal computer system  questions, issues and third party hardware or application software products based on the description of the service that you order (each a “Service”). Lenovo will provide access to one or more support specialists (“Service Agent”) to perform the specific type of Service you purchased (a “Service Incident”).  Support will be provided via telephone, chat, remote session, or in person, during normal business hours or at other times at Lenovo’s discretion.

Each Service is independent from another Service, and each Service Incident is separate from another Service Incident.  A Service Incident will be closed once Lenovo has taken reasonable efforts to complete the Service.

Under this Agreement, Lenovo will perform the Service that you order according to the service description indicated below.  Lenovo may, at any time, modify the scope of any of the Services.

Lenovo will use commercially reasonable efforts to assist you during the Service Incident for the specific Service you have purchased.  However, not all problems can be diagnosed or corrected easily, and some may require you to return your computer to its original state, reload the operating system, application software, reload your personal settings and data, or work with a third party hardware or software vendor to resolve the problem.

Service Descriptions

• Out-of-Warranty (OOW) Depot Repair

If your computer is experiencing functional issues and is no longer within the warranty period, Lenovo will, for a diagnosis fee, review and diagnose the cause of the issues on your computer system at our depot repair facility.  You are responsible for shipping the computer to our facility, including all costs and expenses of transportation.  After determining the cause of the issues, Lenovo will contact you to explain the issues and provide a quote for the costs of labor and parts to repair your computer system.  If you agree to pay the quoted repair fee, Lenovo will repair the computer.  Alternatively, you may request Lenovo return the computer unrepaired.  Lenovo will return your computer system to you at Lenovo’s cost and expense.  This Service applies only to notebook and desktop computers.

• Customer-induced Damage (CID) Depot Repair

If your computer is experiencing functional issues due to customer-induced damage, Lenovo will, for a diagnosis fee, review and diagnose the cause of the issues on your computer system at our depot repair facility.  You are responsible for shipping the computer to our facility, including all costs and expenses of transportation.  After determining the cause of the issues, Lenovo will contact you to explain the issues and provide a quote for the costs of labor and parts to repair your computer system.  If you agree to pay the quoted repair fee, Lenovo will repair the computer.  Alternatively, you may request Lenovo return the computer unrepaired.  Lenovo will return your computer system to you at Lenovo’s cost and expense. This Service applies only to notebook and desktop computers.

• Sealed Battery Depot Repair

If your computer’s sealed battery is experiencing functional issues, Lenovo will, for a repair fee, replace the old battery for a new battery.  All work will be performed at our depot repair facility.  The repair fee for this service includes the costs of labor and parts.  You are responsible for shipping the computer to our facility, including all costs and expenses of transportation.  Upon completing the battery replacement, Lenovo will return your computer system to you at Lenovo’s cost and expense. This Service applies only computers with sealed batteries.

• Tablet OOW Depot Repair

If your tablet computer is experiencing functional issues and is no longer within the warranty period, Lenovo will, for a diagnosis fee, review and diagnose the cause of the issues on your tablet computer at our depot repair facility.  You are responsible for shipping the tablet computer to our facility, including all costs and expenses of transportation.  After determining the cause of the issues, Lenovo will contact you to explain the issues and provide a quote for the costs of labor and parts to repair your tablet computer.  If you agree to pay the quoted repair fee, Lenovo will repair the tablet computer.  Alternatively, you may request Lenovo return the tablet computer unrepaired.  Lenovo will return your tablet computer to you at Lenovo’s cost and expense.  This Service applies only to tablet computers.

• OOW Phone Diagnosis

If your computer is experiencing functional issues and is no longer within the warranty period, Lenovo will, for a diagnosis fee, review and diagnose over the telephone the cause of the issues on your computer.  The diagnosis fee and scope of service does not include correcting the identified causes of the issues on your computer or the cost of parts to repair your computer.  A Service Incident for this Service is for one hour of review and diagnosis over the telephone only.

• OOW Onsite Repair

If your computer is experiencing functional issues and is no longer within the warranty period, Lenovo will, for a diagnosis fee, dispatch a Service Agent to your location to review and diagnose the cause of the issues on your computer system.  After the Service Agent determines the cause of the issues on your computer, Lenovo will explain the issues and provide a quote for the costs of labor and parts to repair your computer system.  If you agree to pay the quoted repair fee, the Service Agent will repair the computer at your location.  This Service is only offered during the hours of 9:00am to 6:00pm AEST.  This Service must be scheduled at least forty-eight (48) hours in advance. This Service may not be available in all service locations.  This Service applies only to notebook and desktop computers.

• Upgrade from Depot to Onsite

If your computer is experiencing functional issues and you are entitled under this Agreement or another agreement with Lenovo to have your computer repaired at Lenovo’s depot facility, you may, for a fee, have the computer repaired by a Lenovo Service Agent at your location by a Lenovo Service Agent. This Service is only offered during the hours of 9:00am to 6:00pm AEST.  This Service must be scheduled at least forty-eight (48) hours in advance. This Service may not be available in all service locations.  This Service applies only to notebook and desktop computers.

• After-hours Onsite Upgrade

If you are entitled to have your computer repaired at your location, either under this Agreement or another agreement with Lenovo, you may, for a fee, have the computer repaired by a Lenovo Service Agent at your location during times that are outside the normal onsite repair hours. This Service must be scheduled at least forty-eight (48) hours in advance. This Service may not be available in all service locations.  This Service applies only to notebook and desktop computers.

• CRU-to-Onsite Upgrade

Under the Lenovo Limited Warranty, some functional issues with the computer can be corrected through installation by the customer of a service part known as a “customer replaceable unit” or “CRU”.  Installation of CRUs is the customer’s responsibility.  If you your computer is experiencing functional issues, is still within the warranty period, and you are entitled to a CRU, Lenovo will, for a fee, dispatch a Service Agent to your location to install the CRU. This Service is only offered during the hours of 9:00am to 6:00pm AEST.  This Service must be scheduled at least forty-eight (48) hours in advance. This Service may not be available in all service locations.  This Service applies only to notebook and desktop computers.

You agree to: 1) follow the procedures and fulfill the requirements that Lenovo identifies for the Services; 2) work with the Service Agent performing the routines and procedures they specify; 3) backup your computer hard disk drive and/or other storage devices you may have before your session with the Services Agent begins; 4) be responsible for any loss, alteration or corruption of your data, software or files; 5) ensure your computer meets all requirements and specifications required for each hardware or software application installed; 6) provide the Service Agent with required passwords and key codes; 7) ensure that you have all legal rights, including copyrights for all software and other files on your computer; 8) assume responsibility for problem resolution due to third party hardware and software compatibility issues; and 9) defend, indemnify and hold harmless Lenovo, its officers, employees, contractors, agents and  subcontractors from and against any and all liabilities, damages, claims or proceedings arising out of your failure for not complying with the above items.

Except for credit or debit card transactions, amounts are due upon receipt of invoice from Lenovo.   You agree to pay as specified by Lenovo in the invoice, including any applicable sales, use or similar taxes, fees or duties (unless you supply exemption documentation), and any late payment fees.  No other discounts, quantity entitlements, or promotions apply unless expressly specified for this transaction.

Your right to use the Services is not transferable. You may not use the Services in connection with any sharing arrangement, on behalf of any third-party or with respect to any device not owned by you or software program not installed on devices owned by you.

In the course of providing the Service during a Service Incident, Lenovo may determine that  your issue is beyond the scope of the Services. You acknowledge that Lenovo may not be able solve your particular problem.  You acknowledge that not all spyware, malware or virus can be successfully removed, and that such removal or removal attempts may impact the performance of other software programs on your computer system. Lenovo does not guarantee or warrant that any or all spyware, malware or virus will be or can be removed, and Lenovo does not guarantee or warrant that any spyware, malware or virus removal or removal attempt will not impact the performance of other programs on your computer systems.

The repair of your computer may result in the loss of any user-generated data that has been stored on the computer. Examples of user-generated data include any files stored on a computer hard drive or USB memory stick. 
Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.

Lenovo warrants that it will perform Services using reasonable care and skill.  Lenovo does not warrant that Lenovo will be able to correct all problems.

Both of us agree that under this Agreement: 1) all information exchanged is nonconfidential.  If either of us requires the exchange of confidential information, it will be made under a signed confidentiality agreement; and 2) any information disclosed or provided to Lenovo, over the telephone or electronically is not customer proprietary information.

Lenovo and our related companies will process, store and use information about your transaction and your contact information, including name, phone numbers, address, and e-mail addresses, to process and fulfill your transaction. Lenovo will not be able to perform our Services if you refuse to provide your information or do not wish us to transfer your information to our agent or contractor. You have the right to access your personal contact information and request correction of any errors in it pursuant to the Privacy Act 1988 by contacting Lenovo.

We may also contact you to notify you about any product recall, safety issue or service actions.  We may use this information to inquire about your satisfaction with our products or services or if you have given consent provide you with information about other products and services.  You may at any time decline to receive any further such communications from us.  In accomplishing these purposes, we may transfer your information to any country where we do business, we may provide it to entities acting on our behalf, or we may disclose it where required by law.  We will not, however, sell or otherwise transfer the personally identifiable information you provide to any third parties for their own direct marketing use unless we provide clear notice to you and obtain your explicit consent for your data to be shared in this manner.

LENOVO, INCLUDING LENOVO’S OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, OR SOFTWARE PRODUCT DEVELOPERS, WILL NOT BE LIABLE FOR ANY OF THE FOLLOWING EVEN IF INFORMED OF THEIR POSSIBILITY: 1) THIRD-PARTY CLAIMS FOR DAMAGES; 2) LOSS OF, OR DAMAGE TO, DATA; OR 3) SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES OR FOR ANY ECONOMIC DAMAGES, INCLUDING LOST PROFITS, BUSINESS, REVENUE, GOODWILL OR ANTICIPATED SAVINGS.

If any provision of this Agreement is deemed unenforceable or void, the remaining provisions will continue to be in effect.

Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract.