| | 07-27-13, 09:13 PM Thread Author #7
BB wants $149 to repair the camera on the PB, note my response below
From: HR [mailto:Hxxxxx.RXXXXX@gmail.com]
Sent: Saturday, July 27, 2013 7:22 PM
To: 'PlayBook Support'
Subject: RE: INC000026773724 - Att. Mike
Thank you for your assistance today
Looking at the email below, I find it a little strange that you will charge me $149 to repair my PB
I paid $599 or more as I bought it nearly at full price, and spend at last another $200 for keyboard, and charger and other add-on
Than suffered for 8 months to get some Apps which I could use
Than we the promise to get OS 10, which was now rescinded
No more upgrades to OS 2.1 the PB is nearly obsolete
Now you want to charge me $149 for an obsolete and outdated product
I herewith ask for a "free of charge courtesy repair from Blackberry
From: PlayBook Support [email@example.com]
Sent: Saturday, July 27, 2013 6:25 PM
BY RETURNING YOUR BLACKBERRY PLAYBOOK TO RIM FOR REPAIR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THE BLACKBERRY PLAYBOOK REPAIR SERVICES TERMS AND CONDITIONS AND ARE AGREEING TO BE BOUND BY THIS AGREEMENT AND THE BLACKBERRY PLAYBOOK REPAIR SERVICES TERMS AND CONDITIONS (TOGETHER, THE “AGREEMENT”).
As discussed with the Research In Motion Limited (“RIM”) representative, you have requested for RIM to repair your BlackBerry PlayBook™ tablet and have reviewed, acknowledged and accepted the BlackBerry PlayBook Repair Services Terms and Conditions. As such, the following return material authorization (“RMA”) for repair services has been created by RIM on your behalf:
RMA # RM023XXX50
Serial # 13432012XXX4
Incident # INC0000XXX73724
You may track the status of your RMA by logging onto https://consumersupport.webapps.blac....jsp?locale=en. You will be asked to enter your BlackBerry PlayBook tablet serial number and RMA number (found on your RMA form).
Please read the following carefully. It is important that you follow these instructions. You are responsible for your BlackBerry PlayBook tablet until your BlackBerry PlayBook tablet is received by RIM or a RIM authorized service provider.
1. Included in this email is a copy of your RMA form and the BlackBerry PlayBook Repair Services Terms and Conditions. Please review and verify that the information in your RMA form and the BlackBerry PlayBook Repair Services Terms and Conditions is correct or contact BlackBerry Direct Customer Support at http://www.blackberry.com/playbookgettingstarted, in the event of any errors. Please include a copy of the RMA form in your return packaging. Also retain a copy for your own records.
2. Please ensure you back up your data, software, applications and information and remove any peripherals from your PlayBook BlackBerry tablet prior to sending it to RIM. The BlackBerry PlayBook tablet may be returned to original factory settings as part of the testing process and personal information may be deleted from the BlackBerry PlayBook tablet during repair services. RIM will retain the right to repair or replace your BlackBerry PlayBook tablet as part of the repair process. You can use the BlackBerry Desktop Software located at Official BlackBerry Support - Help & Support for BlackBerry Devices - US to assist you in performing a back up of your BlackBerry PlayBook tablet.
3. For repair services in the United States and Canada, you should receive your return packaging within 1 to 2 business days of receipt of this email, subject to import /export and logistic infrastructure delays. Included in the return packaging will be a pre-paid waybill to be used when returning your BlackBerry PlayBook tablet to RIM for repair services. Please do not use any other package. If your BlackBerry PlayBook tablet is damaged while in transit as a result of improper packaging, it will not be eligible for repair services and will be returned to you unrepaired. RIM will be responsible for the return shipping provided the pre-addressed pre-paid waybill is used. Please ensure your contact information is provided on the pre-paid waybill and that it is properly attached to the package to ship COLLECT. As we are unable to track the return delivery, please retain a copy of the pre-paid waybill number to verify proof of delivery, if required. Please return your BlackBerry PlayBook tablet to RIM within 10 business days from the date on the pre-paid waybill sent to you by RIM.
4. Please only return your BlackBerry PlayBook tablet. Accessories (for example, charger, USB cable, neoprene sleeve) are not required and will not be returned or replaced if shipped to RIM.
5. If your BlackBerry PlayBook is covered by the BlackBerry Playbook Limited Warranty (as provided to you and accepted by you upon activation of the BlackBerry PlayBook tablet and located at BlackBerry Legal Notices - US), the terms of such BlackBerry Playbook Limited Warranty shall apply to the repair services. In the event the BlackBerry PlayBook tablet is found not to be covered by the BlackBerry Playbook Limited Warranty, RIM will contact you, communicate the applicable non-warranty repair service charges, obtain your consent to such charges and to proceed with such non-warranty repair services, and obtain details of and charge your credit card for such non-warranty repair service fees. For warranty limitations please refer to the BlackBerry Playbook Limited Warranty section of your BlackBerry Playbook User's Guide. For detailed warranty information please visit BlackBerry Support.
If your device is determined by RIM to be no trouble found (as defined in the BlackBerry PlayBook Repair Service Terms and Conditions), RIM may in RIM’s sole discretion contact you for instructions to: (i) refurbish your device for the fee communicated to you by RIM at that time, which fee will be immediately charged to your credit card; or (ii) return your device to you (not refurbished), free of charge.
If your BlackBerry PlayBook tablet is repairable, RIM will use commercially reasonable efforts to repair and return it to you (in U.S. and Canada) within 5 business days from the date of receipt of your BlackBerry PlayBook tablet by RIM, subject to import /export and logistic infrastructure delays, and provided the BlackBerry PlayBook tablet returned by you matches the RMA and you in no way delay RIM’s ability to return the BlackBerry PlayBook tablet within such timeframes.
Upon triage of the BlackBerry PlayBook tablet by RIM, if the BlackBerry PlayBook tablet is determined by RIM to be beyond repair (as defined in the BlackBerry PlayBook Repair Service Terms and Conditions), you will be contacted by RIM for instructions for RIM to either return to you or dispose of the BlackBerry PlayBook, free of charge. The following Repair Service fees listed below or by RIM on BlackBerry Support as may be amended by RIM from time-to-time, may apply to you and will be communicated to you by RIM as set forth above:
DESCRIPTION OF PER INSTANCE FEE(S) 16GB BlackBerry PlayBook 32GB BlackBerry PlayBook 64GB BlackBerry PlayBook
USD* CAD* USD* CAD* USD* CAD*
Repair fee where Your BlackBerry PlayBook tablet is returned to and repaired by RIM or RIM’s authorized service provider and is not covered by the BlackBerry PlayBook Limited Warranty. $99 $99 $125 $125 $149 $149
Repair fee where You receive an Advanced Exchange BlackBerry PlayBook tablet from RIM or RIM’s authorized service provider and Your BlackBerry PlayBook tablet returned to RIM or RIM’s authorized service provider is not covered by the BlackBerry PlayBook Limited Warranty and repaired by RIM or RIM’s authorized service provider. $99 $99 $125 $125 $149 $149
Replacement fee where You fail to return Your BlackBerry PlayBook tablet to RIM or RIM’s authorized service provider within ten (10) business days from the date You receive return packaging, including the Advanced Exchange BlackBerry PlayBook tablet, from RIM or RIM’s authorized service provider (“Replacement AE Fee”) $199 $199 $249 $249 $299 $299
Replacement fee where You receive an Advanced Exchange BlackBerry PlayBook tablet from RIM or RIM’s authorized service provider and Your BlackBerry PlayBook tablet returned to RIM or RIM’s authorized service provider is not covered by the BlackBerry PlayBook Limited Warranty and determined by RIM or RIM’s authorized service provider to be Beyond Repair. $199 $199 $249 $249 $299 $299
*Prices noted above do not include applicable taxes.
IF YOU HAVE ANY QUESTIONS OR CONCERNS, YOU MAY CONTACT BLACKBERRY DIRECT CUSTOMER SUPPORT AT HTTP://WWW.BLACKBERRY.COM/PLAYBOOKGETTINGSTARTED.
You may cancel your RMA for any reason prior to you shipping the BlackBerry PlayBook to RIM by contacting BlackBerry Direct Customer Support at http://www.blackberry.com/playbookgettingstarted and notifying BlackBerry Direct Customer Support of your wish to cancel.
6. BY: (I) PROVIDING YOUR CREDIT CARD INFORMATION; (II) INDICATING YOUR ACCEPTANCE VERBALLY TO RIM; (III) PROVIDING RIM WITH AN “I ACCEPT” EMAIL RESPONSE; OR (IV) RETURNING YOUR BLACKBERRY PLAYBOOK TO RIM FOR REPAIR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THE TERMS AND CONDITIONS OF REPAIR SERVICES AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
PlayBook Support firstname.lastname@example.org
BlackBerry Customer Support
Web: Cell Phones, Smartphones & Mobile Phones from BlackBerry.com
Whether you’re just getting started or wanting to learn what more your BlackBerry PlayBook™ can do, we wanted to provide you with some links and information that will help you do just that. Everything you need is available at www.blackberry.com/playbookgettingstarted or by watching this video (playable on a browser that supports Flash like desktop or PlayBook browsers).
The following sources may also be helpful:
BlackBerry Technical Solution Center - Access technical support documentation, knowledge base articles, product guides, and manuals to help troubleshoot various issues.
The Official BlackBerry on YouTube™ - Access to tutorials and demo videos.
BlackBerry Support Community Forums - Join other BlackBerry PlayBook™ customers to discuss product reviews and information, troubleshoot issues and chat.
Help Blog - Helpful how-to’s and tips and tricks on making the most of your BlackBerry PlayBook™. You can also connect with BlackBerry Support and the BlackBerry Community via links to our Social Networking sites.
BLACKBERRY PLAYBOOK REPAIR SERVICE TERMS AND CONDITIONS
THESE BLACKBERRY PLAYBOOK REPAIR SERVICE TERMS AND CONDITIONS (THIS “AGREEMENT”) FORM A LEGAL AGREEMENT BETWEEN YOU INDIVIDUALLY, OR IF YOU ARE AUTHORIZED TO ACT ON BEHALF OF YOUR COMPANY OR ANOTHER ENTITY, THEN THE ENTITY FOR WHOSE BENEFIT YOU ACT (IN EITHER CASE, “YOU” OR “YOUR”) AND RESEARCH IN MOTION LIMITED WHOSE REGISTERED OFFICE IS AT 295 PHILLIP STREET, WATERLOO, ONTARIO, CANADA N2L 3W8 (“RIM”) (TOGETHER THE “PARTIES” AND INDIVIDUALLY A “PARTY”) REGARDING THE RETURN OF YOUR BLACKBERRY PLAYBOOK TO RIM FOR REPAIR OR REPLACEMENT BY RIM OR RIM’S AUTHORISED SERVICE PROVIDERS (“REPAIR SERVICES”) WHERE SUCH SERVICES ARE NOT COVERED UNDER THE BLACKBERRY PLAYBOOK LIMITED WARRANTY.
THIS AGREEMENT DOES NOT AFFECT YOUR MANDATORY STATUTORY RIGHTS APPLICABLE IN YOUR JURISDICTION, TO THE EXTENT THAT YOU MAY BE ENTITLED TO SUCH MANDATORY STATUTORY RIGHTS.
1. AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY AND COMPLY WITH THIS AGREEMENT AND BY: (I) INDICATING YOUR ACCEPTANCE VERBALLY TO RIM; (II) PROVIDING RIM WITH AN “I ACCEPT” EMAIL RESPONSE; OR (III) RETURNING YOUR BLACKBERRY PLAYBOOK TO RIM FOR REPAIR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE DO NOT RETURN YOUR BLACKBERRY PLAYBOOK TO RIM TO OBTAIN REPAIR SERVICES. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THE TERMS OF THIS AGREEMENT, PLEASE EMAIL LEGALINFO@RIM.COM. TO OBTAIN CONTACT INFORMATION FOR BLACKBERRY DIRECT CUSTOMER SUPPORT, PLEASE GO TO www.blackberry.com/playbookgettingstarted.
2. AGE OF MAJORITY. YOU MUST BE BOTH: (A) AT LEAST EIGHTEEN (18) YEARS OF AGE; AND (B) OF THE AGE OF MAJORITY UNDER THE LAWS OF YOUR JURISDICTION TO ENTER INTO THIS AGREEMENT OR TO OBTAIN REPAIR SERVICES.
3. DEFINITIONS. All capitalized terms in this Agreement shall have the meanings set out in the BlackBerry PlayBook Limited Warranty unless otherwise indicated in this Agreement. “Beyond Repair” shall mean a BlackBerry PlayBook with extensive damage that may not be repaired or if repaired, may not operate as designed. “No Trouble Found” shall mean a BlackBerry PlayBook that is returned for repair/replacement/refurbishment that RIM determines to be in good working order with no discernable fault or problem requiring repair, replacement or refurbishment.
4. REPAIR SERVICES. RIM, either directly or through its authorized service providers, will provide You with Repair Services using new or refurbished parts or a new or refurbished BlackBerry PlayBook. Any Repair Services under this Agreement are conditioned upon the return of Your BlackBerry PlayBook to RIM or a RIM authorized service provider (as set out in Your RMA form). In the event RIM provides You with a replacement BlackBerry PlayBook (a “Advanced Exchange PlayBook” or “Advanced Exchange Service”) or when the exchange of the BlackBerry PlayBook (or parts thereof) are provided under this Agreement, Your BlackBerry PlayBook or Your BlackBerry PlayBook parts received by RIM or RIM’s authorized service provider become the property of RIM and the Advanced Exchange PlayBook or BlackBerry PlayBook parts sent to You by RIM or RIM’s authorized service provider become Yours. The Advanced Exchange Service may not be available in all countries.
5. REPAIR SERVICES AND PROCESSING FEES. In the event Your BlackBerry PlayBook is determined by RIM not to be covered by the BlackBerry PlayBook Limited Warranty, You agree to pay to RIM fees with respect to the Repair Services provided to You by RIM or a RIM authorized service provider in accordance with this Agreement. The Repair Services fee(s) payable by You to RIM will be communicated to You by RIM upon receipt and diagnosis of Your BlackBerry PlayBook by RIM or a RIM authorized service provider. In connection with Your payment or preauthorization of the fees for Repair Services and/or the Advanced Exchange Service, You may be asked to supply certain information relevant to such payment, including without limitation Your name, credit card number, the expiration date of Your credit card, Your credit card “security code,” and Your billing address (collectively, “Payment Information”). YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH YOUR PAYMENT OR PREAUTHORIZATION OF FEES HEREUNDER. You agree to pay all charges that may be incurred by You or on Your behalf using Your credit card, at the price(s) communicated to You by RIM. Verification of Payment Information may be required prior to the acknowledgment or completion of Your payment or preauthorization. By submitting or providing Your Payment Information, You grant to RIM the right to provide such Payment Information to third parties for purposes of facilitating the processing of Your payment.
FOR CLARITY, IF YOUR BLACKBERRY PLAYBOOK IS RETURNED DURING THE WARRANTY PERIOD, BUT YOUR BLACKBERRY PLAYBOOK IS NOT COVERED UNDER THE TERMS AND CONDITIONS OF THE BLACKBERRY PLAYBOOK LIMITED WARRANTY, CHARGES MAY APPLY. THE FOLLOWING REPAIR SERVICE FEES SHALL APPLY TO THE ADVANCED EXCHANGE SERVICE IF, AS DETERMINED BY RIM OR RIM’S AUTHORIZED SERVICE PROVIDER, YOU FAIL TO RETURN YOUR BLACKBERRY PLAYBOOK TO RIM OR RIM’S AUTHORIZED SERVICE PROVIDER WITHIN TEN (10) DAYS FROM THE DATE YOU RECEIVE RETURN PACKAGING, INCLUDING THE ADVANCED EXCHANGE PLAYBOOK, FROM RIM OR RIM’S AUTHORIZED SERVICE PROVIDER:
16GB BlackBerry PlayBook: $199 (USD or CAD, as applicable*)
32GB BlackBerry PlayBook: $249 (USD or CAD, as applicable*)
64GB BlackBerry PlayBook: $299 (USD or CAD, as applicable*)
*Prices noted above do not include applicable taxes.
CHARGES MAY ALSO APPLY WHERE YOUR BLACKBERRY PLAYBOOK IS DETERMINED BY RIM OR RIM’S AUTHORIZED SERVICE PROVIDER: (I) TO BE BEYOND REPAIR AND YOU ELECT TO RETAIN THE ADVANCED EXCHANGE PLAYBOOK; OR (II) NOT TO BE COVERED UNDER THE BLACKBERRY PLAYBOOK LIMITED WARRANTY. THE REPAIR SERVICE FEE(S) PAYABLE BY YOU TO RIM WILL BE COMMUNICATED TO YOU BY RIM UPON RECEIPT AND DIAGNOSIS OF YOUR BLACKBERRY PLAYBOOK BY RIM OR A RIM AUTHORIZED SERVICE PROVIDER.
6. TAXES. All Repair Service fees exclude sales and all other taxes and duties. You are responsible for sales and all other taxes and duties associated with the Repair Services, however designated, except for RIM’s excise taxes and taxes on RIM’s net income. If applicable, a separate charge for taxes and duties will be shown on the invoice for Repair Service provided to You by RIM.
7. DATA BACKUP AND PERIPHERALS. RIM is not responsible for data, software, applications, peripherals or information that may be damaged, lost or destroyed, including, without limitation, data lost or damaged during servicing of the BlackBerry PlayBook, or through the use of synchronization software. PRIOR TO THE RETURN OF THE BLACKBERRY PLAYBOOK TO RIM OR A RIM AUTHORIZED SERVICE PROVIDER YOU MUST: (I) BACKUP YOUR DATA, SOFTWARE, APPLICATIONS, AND INFORMATION; AND (II) WIPE AND/OR REMOVE ANY DATA, FILES, PERIPHERALS, EXPANDABLE MEMORY, AND/OR ANY PERSONAL AND CONFIDENTIAL INFORMATION. DURING THE SERVICING CONTENT ON YOUR BLACKBERRY PLAYBOOK MAY BE DELETED AND REFORMATTED OR CONFIGURED AS ORIGINALLY PURCHASED (SUBJECT TO THEN CURRENT UPDATES AND UPGRADES OF BLACKBERRY PLAYBOOK RELATED SOFTWARE, WHICH IS SUBJECT TO THE BLACKBERRY SOLUTION SOFTWARE LICENSE AGREEMENT, WHICH IS AVAILABLE AT BlackBerry Legal Notices - US. For clarity, this Agreement does not cover the backup, recovery or reinstallation of Your data, software or applications to the BlackBerry PlayBook.
8. WARRANTY. Except to the extent that RIM is expressly prohibited by applicable law, RIM warrants that the Repair Services provided for Your BlackBerry PlayBook will be free from defects in materials and workmanship for a period that concludes ninety (90) days from the date the Repair Services were performed by RIM or Your receipt of the Advanced Exchange PlayBook (the "Warranty Period") pursuant to this Agreement. If non-conforming Repair Services were provided by RIM or RIM’s authorized service provider or the replacement BlackBerry PlayBook or a BlackBerry PlayBook part is defective, RIM or RIM’s authorized service provider shall at its option: (i) service and repair Your BlackBerry PlayBook hardware with new or refurbished parts; (ii) replace the defective BlackBerry PlayBook hardware with a comparable new or refurbished hardware; or (iii) in the event that RIM is unable to repair or replace the BlackBerry PlayBook as provided under (i) and/or (ii), refund to You the net purchase price You paid for the Repair Services.
9. EXCLUSIVE REMEDIES. EXCEPT TO THE EXTENT THAT RIM IS EXPRESSLY PROHIBITED BY LAW, THE WARRANTY (AS DESCRIBED IN SECTION 8) AND THE REMEDIES EXPRESSLY SET FORTH ABOVE FOR THE REPAIR SERVICES ARE YOUR EXCLUSIVE REMEDIES AND ARE IN LIEU OF ANY OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER EXPRESSED OR IMPLIED.
10. LIMITATION OF LIABILITY. EXCEPT TO THE EXTENT THAT RIM IS EXPRESSLY PROHIBITED BY APPLICABLE LAW, RIM, ON BEHALF OF ITSELF AND AUTHORIZED SERVICE PROVIDERS OF THE REPAIR SERVICES AND ON BEHALF OF ANY COMPANY CONTROLLED BY OR UNDER COMMON CONTROL OF RIM (COLLECTIVELY, THE "GROUP OF COMPANIES" AND INDIVIDUALLY A "GROUP COMPANY") HEREBY DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. RIM DISCLAIMS ANY REPRESENTATION THAT IT IS CAPABLE OF REPAIRING OR REPLACING THE BLACKBERRY PLAYBOOK WITHOUT RISK TO THE BLACKBERRY PLAYBOOK HARDWARE OR LOSS OF DATA, SOFTWARE, APPLICATIONS, OR PROGRAMS. TO THE EXTENT RIM CANNOT LAWFULLY DISCLAIM ANY IMPLIED OR STATUTORY WARRANTIES RELATING TO THE REPAIR SERVICES, YOUR STATUTORY RIGHTS ARE NOT AFFECTED BY THIS CLAUSE.
11. EXCLUSION OF CERTAIN DAMAGES. EXCEPT TO THE EXTENT THAT RIM IS EXPRESSLY PROHIBITED BY LAW, IN NO EVENT SHALL RIM OR ANY GROUP COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHATSOEVER, OR DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR OTHER PECUNIARY LOSS ARISING OUT OF THE REPAIR SERVICES, EVEN IF RIM OR ANY GROUP COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION IS INTENDED TO APPLY AND DOES APPLY WITHOUT REGARD TO WHETHER SUCH DAMAGES ARE CLAIMED, ASSERTED OR BROUGHT IN AN ACTION OR CLAIM IN TORT OR CONTRACT, OR ON THE WARRANTY, OR UNDER ANY OTHER LAW OR FORM OF ACTION EXCEPT IN RELATION TO LIABILITY FOR DEATH OR BODILY INJURY OR STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACT OR OMISSIONS, FOR WHICH NO LIMIT APPLIES, THE LIABILITY OF RIM OR ANY GROUP COMPANY TO YOU FOR LOSS OR DAMAGE ARISING UNDER THIS AGREEMENT SHALL NOT EXCEED THE PURCHASE PRICE YOU PAID FOR THE REPAIR SERVICES. Nothing in this Agreement shall be taken as excluding or attempting to exclude or in any way restrict any liability for death or bodily injury to the extent arising directly from the negligence of RIM or that of its employees or agents. Some countries, states, or provinces do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions and limitations may not apply to You. If any provision of this Agreement is determined to be invalid or unenforceable the remaining provisions of this Agreement shall remain in full force and effect.
12. GOVERNING LAW. THIS AGREEMENT, ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW AND EQUITABLE CLAIMS) BETWEEN YOU AND RIM ARISING FROM OR RELATING TO THIS AGREEMENT, ITS INTERPRETATION, OR THE BREACH OR VALIDITY THEREOF, SHALL, EXCEPT TO THE EXTENT THAT RIM IS EXPRESSLY PROHIBITED BY APPLICABLE LAW, BE GOVERNED BY THE LAWS OF THE STATE OR PROVINCE AS PROVIDED IN THIS PARAGRAPH. If You are domiciled in Canada (excluding the Province of Qubec) this Agreement is to be construed under the laws of the Province of Ontario, excluding any body of law governing conflicts of law. If You are domiciled in the Province of Qubec, this Agreement is to be construed under the laws of the Province of Qubec. If You are domiciled outside of Canada this Agreement is to be construed under laws of the State of New York, excluding any body of law governing conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its entirety from application to this Agreement.
13. DISPUTE RESOLUTION. Expect to the extent prohibited by the laws of Your jurisdiction, unless You are domiciled in the Province of Qubec, any disagreement or dispute arising out of or relating to this Agreement shall be settled by final and binding arbitration (i) to be conducted in Ontario, Canada, if You are domiciled in Canada, under the rules of arbitration of the Arbitration Act, 1991 (Ontario) (the "Ontario Rules") by a single arbitrator appointed in accordance with the Ontario Rules, and (ii) to be conducted in New York, NY, if You are domiciled outside of Canada, under the Commercial Rules of the American Arbitration Association ("CR-AAA") by a single arbitrator nominated in accordance with the CR-AAA. The arbitration shall be conducted in the English language. You agree that a judgment recognizing and enforcing the award may be entered in any court with jurisdiction, and irrevocably submit to the jurisdiction of any such court. No dispute between the parties, or involving any person but You, may be joined or combined together, without the prior written consent of RIM. The Parties specifically agree that, in the event that there is a dispute under this Agreement and such dispute is to be resolved in a court of law, such dispute shall not be resolved by jury trial. The Parties hereby waive all rights to a trial by jury in any matter related to or arising from this Agreement.
14. TERM, TERMINATION, CANCELLATION. The Parties agree that the term of this Agreement shall commence upon Your acceptance of this Agreement in accordance with Section 1 and shall terminate upon: i) completion of the Repair Services by RIM or RIM authorized service providers and RIM receiving the full payment from You for any Repair Services related fees, as applicable; or (ii) Your cancellation of the Repair Services. In addition to any mandatory statutory rights applicable in Your jurisdiction, You may cancel the Repair Services for any reason: (i) in the case of repairing Your original BlackBerry PlayBook, prior to You shipping the BlackBerry PlayBook to RIM or a RIM authorized service provider for repair; (ii) in the case of Advanced Exchange Service, prior to RIM or a RIM authorized service provider sending out the Advanced Exchange PlayBook to You by contacting BlackBerry Direct Customer Support at www.blackberry.com/playbookgettingstarted and notifying a RIM representative of Your decision to cancel this Agreement. For clarity, if You elect the Advanced Exchange Service option, this Agreement may not terminate until RIM or RIM’s authorized service provider receives Your BlackBerry PlayBook and RIM receives full payment from You for any Repair Services related fees, as applicable. IF PRIOR TO RETURNING YOUR BLACKBERRY PLAYBOOK FOR REPAIR SERVICES, OR RIM OR RIM’S AUTHORIZED SERVICE PROVIDER SENDING OUT THE ADVANCED EXCHANGE PLAYBOOK TO YOU, YOU DECIDE YOU ARE UNWILLING TO AGREE TO THIS AGREEMENT, THEN CONTACT BLACKBERRY DIRECT CUSTOMER SUPPORT IMMEDIATELY TO ADVISE RIM OF YOUR WISH TO NOT BE A PARTY TO THIS AGREEMENT AND DO NOT RETURN YOUR BLACKBERRY PLAYBOOK FOR REPAIR SERVICES OR ACCEPT THE ADVANCED EXCHANGE PLAYBOOK FROM RIM.
16. MODIFICATION. RIM reserves the right to update or revise this Agreement from time-to-time at its own discretion, and may inform You of such updates and revisions by any reasonable means, including without limitation by posting any updates and/or revisions to RIM’s website at BlackBerry Legal Notices - US or by email to the email address You provided to RIM in relation to Your acceptance of this Agreement. You agree that You will review this Agreement upon notification of the update and/or revision to ensure that You are continually aware of the Repair Services provided to You in accordance with this Agreement. Your continued use of the Repair Services (including to follow-up in connection with an open ticket) following notification of such updates and/or revisions to this Agreement will constitute Your acceptance of those changes.
17. FORCE MAJEURE. Notwithstanding any other provision of this Agreement, neither Party shall be deemed in default of this Agreement for failure to fulfil its obligations when due to causes beyond its reasonable control. This provision shall not be construed as excusing non-performance of any obligation by either Party to make payment to the other Party under this Agreement.
18. MISCELLANEOUS. Waiver by RIM of any default will not be deemed a continuing waiver of such default or a waiver of any other default. If there is any conflict between this Agreement and any documentation regarding Repair Services for Your BlackBerry PlayBook, the provisions of this Agreement shall be applied by RIM to the extent of such conflict. If any term, provision or sub-section of this Agreement is held to be void, illegal or unenforceable, the validity or enforceability of the remainder of such term, provision or subsection and this Agreement will not be affected. The provisions of this Agreement that under a commercially reasonable interpretation reveals that You and RIM likely would have such provisions survive termination or expiration of this Agreement, shall survive to the extent necessary to fulfil the purpose of such provision. Without limitation, You agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. This Agreement covers You alone and is limited to Your BlackBerry PlayBook. You may not transfer or assign Your rights or obligations under this Agreement. Notwithstanding the foregoing, RIM may assign the performance of its obligations under this Agreement to its affiliated companies and/or third parties.