THIS EXTENDED SERVICE AGREEMENT (this “Agreement”) is made by and between HoneyComb Wax Company LLC, a HoneyComb Wax corporation, with its principal place of business at 1525 E. AZ-89A Cottonwood AZ 86326, on behalf of itself and the original end-user customer (“Customer”) and is binding upon Customer when services are purchased.  This Agreement is retroactively effective as of the date of the initial Shipment order for the services (“Effective Date”).

RECITALS

WHEREAS, HoneyComb offers certain fee-based extended services in the United States in conjunction with the purchase of certain HoneyComb products.

WHEREAS, Customer desires to purchase one or more of the extended services (herein after the “Services”) for certain HoneyComb products (herein after the “Product(s)”).

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows:

EXTENDED SERVICES

  1. TERMS AND CONDITIONS.

(a)        This Agreement includes the terms and conditions under which the Services shall be performed, and contains, among other things, warranty disclaimers and limitations of liability.  PURCHASING SERVICES CONSTITUTE THE CUSTOMER’S AGREEMENT TO AND ACCEPTANCE OF THESE TERMS AND CONDITIONS.

(b)         This Agreement may only be modified as set forth herein, and any different or additional terms of any related purchase order, confirmation, or similar form, even if signed by the parties after the Effective Date hereof, shall have no force or effect.

(c)        HoneyComb reserves the right to (i) amend this Agreement from time to time effective upon posting of the revised terms and conditions to its website at www.honeycombwaxco.com, and (ii) discontinue hardware or software products or versions and accordingly stop supporting Products or versions one (1) year after discontinuance, or otherwise discontinue any support Service at any time.  Section 7 sets forth the Customer’s sole remedies for any claim relating to the amendment or discontinuance of the Services, including any failure to provide the Services hereunder.

(d)        By purchasing Services, the Customer agrees it received, read, understood, and accepts the applicable terms and conditions outlined in this Extended Service Agreement.

  1. SUPPORT. HoneyComb has established and agrees to maintain an organization and process to use reasonable commercial efforts to provide support services for the Product(s) to the Customer, including but not limited to (i) remote troubleshooting from installation, configuration, and successful diagnostic testing for the HoneyComb Product; (ii) advisory support on basic configurations, compatibility, and cabling specifications; (iii) RMA authorizations; provided, however, that Customer shall return the non-conforming Product with the freight pre-paid, in accordance with any special shipping instructions provided by HoneyComb Wax Company, and shall reference the RMA# on all shipping  documents and in any subsequent communications regarding the particular Product; and (iv) twenty-four (24) hours a day, seven (7) days a week access to a support website with FAQ’s and manuals.  The specific terms for each Service are described in the attached Exhibit A, which is hereby incorporated by reference.  HoneyComb Wax Company reserves the right to change the Extended Service programs and any supporting documentation at any time.
  2. EXCLUSIONS. The Services hereunder do not include (a) support of any non-HoneyComb hardware or software; (b) on-site support; (c) non-honeycomb application installation or trouble shooting; (d) non-HoneyComb operating system installation or troubleshooting; or (e) cosmetic blemishes, imperfections, or wear and tear.
  3. FEES. Fees for the Services are outlined in the applicable purchase order for the Services, subject to written acceptance by HoneyComb Wax Company.  Fees shall be paid at the time of purchase of the warrantied item.
  4. AUDIT.  HoneyComb reserves the right to audit the Customer’s use of the Services for the Product(s) registered under the terms of this Agreement for purposes of verifying eligibility.  Customer agrees to cooperate with verification of eligibility hereunder and to ensure compliance with the terms of this Agreement in a mutually agreeable manner.
  5. TERM. This Agreement shall start on the Effective Date, and shall automatically expire upon expiration of the last remaining service duration selected.  Notwithstanding the foregoing, Customer shall not be entitled to Services under this Agreement for any Product for which the period of warranty or extended warranty has expired or is otherwise void.
  6. TERMINATION. This Agreement may be terminated:

(a)        by the non-defaulting party in the event of a default in the performance of any material provision of this Agreement (including the payment of fees), if the default is not cured within thirty (30) days of written notice of the non-breaching party’s intent to terminate;

(b)        by Customer, with thirty (30) days written notice to HoneyComb Wax Company, in the event there is an amendment or Service discontinuance by HoneyComb under Section 1(d) above which results in a material reduction of the Services hereunder, provided such notice of termination is given during the thirty (30) days following notice of such amendment or support discontinuance.  In the event of termination under this Section 7(b), the Customer may receive a pro-rata refund of the purchase price hereunder.  In no event shall the amount of any refund be greater than the fees paid for the Services hereunder over a one (1) year period.  HoneyComb Wax Company records and data shall be the basis for all calculations and determinations hereunder.

EXTENDED WARRANTY

  1. Description. HoneyComb Wax Company shall extend the standard warranty applicable to the specific product purchased for the duration of time selected as set forth on the applicable purchase order.
  2. Valid Warranty. The customer understands that the Extended Warranty may be purchased for those products whose warranty coverage is still in effect.  If the warranty has lapsed, Customer may pay a fee and purchase the extended warranty product.
  3. Conditions of Service. Use of the Extended Warranty Services is subject to this Agreement, as may be amended from time to time.
  4. Warranty Policy:

(a)        HoneyComb warrants the hardware product covered by the Extended Warranty to be free from defects in material and workmanship for the Extended Warranty Period.   During this period, if a customer cannot resolve a product problem with HoneyComb Wax Company Technical Support, a Return Material Authorization (RMA) will be issued.  Following receipt of a RMA number, the customer shall return the product to HoneyComb Wax Company, freight prepaid.  Upon verification of warranty, HoneyComb will—at its option— repair or replace the product and return it to the customer freight prepaid.

(b)        No services are handled at the customer’s site under this warranty.  This warranty is void if the customer uses the product in an unauthorized or improper way, or in an environment for which it was not designed.

(c)         Liability during the Extended Warranty Period shall be limited to (at HoneyComb election):

  1. Refund of the purchase price for a such product covered by the Extended Warranty; or
  2. Repair or replace the product covered by the Extended Warranty under the RMA process outlined above.