Terms & Conditions - BPG - business service - Canon HongKong

(Applicable to equipment without meter charge scheme)

1. Subject to the terms and conditions as otherwise agreed in the Canon Sales and Support Services Agreement (if any), or Canon Managed Document Services Agreement (if any), these terms and conditions apply to the limited warranty and support services (collectively defined as “Limited Warranty”) provided by Canon Hongkong Company Limited (“Canon” or “we” or “us”) in respect of the following Canon’s Equipment (“Equipment”) purchased from Canon or Canon’s authorized dealers (the “Authorised Dealer”) in Hong Kong Special Administrative Region (“Hong Kong”) or Macao Special Administration Region (“Macau”).

1.9 Inkjet Printer (Includes WG Series)

2. The Limited Warranty is valid only with the original purchase invoice stamped with Canon’s or Authorized Dealer’s company chop and your payment record for Extended Warranty Period (as the case may be).

3. Subject to limitations and exclusions set out in Clause 4 hereof, we warrant that:

3.1 the Equipment shall be in good working condition in accordance to its documentation supplied with the Equipment for a period of twelve (12) months or otherwise as agreed by Canon or Authorized Dealer (“Warranty Period”) and immediately thereafter for another period of twelve (12) months (or such other period as we may confirm with you in writing) (“Extended Warranty Period”), which shall also include subsequent extensions of warranty periods provided always that you have duly complied with our procedures in force from time to time for extending such warranty periods; and

3.2 during the Warranty Period and (if applicable) Extended Warranty Period, you will be entitled to free repair and maintenance services of the Equipment and free replacement of parts (the “Services”) subject to terms and conditions herein.

4. The Limited Warranty is excluded in following circumstances:

4.1 normal wear and tear of the Equipment and parts, which does not affect the functionality or performance of the Equipment;

4.2 malfunction, loss or damage to Equipment by any person other than Canon authorised personnel arising from or in connection with:

(a) abuse, tampering modification and disassembling of Equipment;

(b) negligence and /or misuse of the Equipment (including but not limited to operation outside Equipment’s specification and/or instruction manual);

(c) transportation or delivery of the Equipment; and

(d) hardware and/or software installation (including virus infection) of the Equipment.

4.3 malfunction, loss or damage to Equipment cause by acts of god or any other force majeure event;

4.4 consumables, accessories, optical units, compact disk, (including ink cartridges, maintenance cartridges, ink sheets, ink bags, media, filters, lamps, print head, cartridges, toner cartridges, drum unit, drum cartridges, laser unit and drum/head lamps, media shaft, disk-oldham custom, assy-capstan, assy vacuum overlay, video head, bulb, power cables, external power adapters, interface cables, batteries, battery pack, battery charger, connectors, tapes, CD-ROMs, DVD-ROMs, video cables, covers, remote control units, scanner cartridges, chargers, memory cards, CF/Storage Card, CCD unit of digital camera and video, LCD unit, LCD display, head drum, viewfinder, feed roller, separation pad, AC adapter and carrying case, etc.) any written document bundled with the Equipment and software of the Equipment;

4.5 Equipment with its serial number removed, defaced, damaged or altered;

4.6 Equipment used in connection with non Canon products save and except that the non-Canon products have been recommended in accordance to the Equipment documentation or approved in writing by Canon;

4.7 your breach of these terms and conditions or any provisions of the sales and purchase agreement of the Equipment (as the case may be) ;

4.8 Equipment purchased and installed outside Hong Kong or Macau;

5. All replaced components, parts or other units of the Equipment shall be our properties.

6. Disclaimers of Liability

6.1 The warranty provided in these terms and conditions are in lieu of all other warranties expressed or implied including merchantability, satisfactory quality, and fitness for a particular purpose and all such other warranties of the Equipment and the Services. Neither Canon nor its third party suppliers makes any other warranty or condition of any kind.

6.2 To the extent allowed by law:

(a) remedies provided herein are your sole and exclusive remedies in relation to your rights in these terms and conditions;

(b) except for the obligations specifically set forth hereof and except in respect of death or personal injury caused by our negligence, in no event shall Canon or its third party suppliers be liable for any losses, damages costs, and expenses directly or indirectly suffered by you or any third party whosoever (including but not limited to loss of profits, loss of savings, loss of goodwill, loss of revenue or loss of contracts incurred by you or any third party whosoever, whether anticipated or actual or any special indirect, incidental or consequential damages of any nature whatsoever), or actions or claims or proceedings whether based on contract, tort, or common law and whether advised of the possibility of the same against you or any third party whosoever by third party in connection with, incidental to and consequential upon the performance of the Services.

6.3 You accept the disclaimer of liability as set out in this clause as fair and reasonable in all circumstances and as part of bargain to lower the price of the Equipment and understand that the price of the Equipment would be higher if Canon were required to bear additional liability for damages.

6.4 In any event, our maximum liability hereunder or in connection with this Limited Warranty shall be restricted to the replacement value of the Equipment after taking into account of the straight line depreciation.

7. We reserve our absolute rights to (i) alter or change these terms and conditions from time to time by publishing it online; and/or (ii) terminate this Limited Warranty, in whole or in part, forthwith in the event of occurrence of any limitations or exclusions as provided in Clause 4 hereof or your breach of any of these terms and conditions or uncertainty or dispute arises in respect of the applicability of any of these terms and conditions.

8. We shall not be responsible for any insurance coverage in relation to the Equipment or liable to any consequences arising therefrom, and you shall be responsible for taking out such insurance policies as you deem necessary and fit.

9. The duration of this Limited Warranty is renewable upon expiration subject to payment of a fee to be notified by us in writing.

10.  You acknowledge and agree to the collection of your personal data (if any) by Canon during enrolment and perform of this Limited Warranty. You also agree and authorize Canon to use your personal data so collected for the purposes in relation to this Limited Warranty, including making contact, record, or all relevant purposes. We will treat personal data provided by you (if any) for the purpose of this Limited Warranty in accordance with the Personal Data (Privacy) Ordinance (Cap. 486, laws of Hong Kong) and our privacy policy in force from time to time. You may refer to our current privacy policy at: http://www.canon.com.hk/en/corporate/main/privacy_policy.jspx

11. These terms and conditions of this Limited Warranty shall be construed in accordance with and governed by the laws of Hong Kong. The courts of Hong Kong shall have exclusive jurisdiction to adjudicate any disputes arising out of or in connection with these terms and conditions.

12. These terms and conditions of this Limited Warranty are provided in English, with Chinese translation. In the event of any inconsistency, the English version shall prevail.

13.  For carry-in models of the Equipment, you shall contact our Customer Service Centres:

14. Should you have any enquiry on warranty of the Equipment, please contact our Customer Service at:

1. eService is a service to gather meter data for and monitor the condition of the Equipment through internet connection using built-in communication component of the Equipment or through an installed software solution (where applicable) and utilize the collected data to maintain the Equipment and/or to prepare invoice (the “eService”).

2. The eService includes eMaintenance Service, eMaintenance Lite Service, On Remote Service/PRISMAservice (Formerly named ORS), SmartMR, Print Management Solution uniFLOW, Smart eNotice or any other similar services as announced from Canon Hongkong Company Limited (“CANON”) from time to time.

3. These Terms and Conditions shall apply in addition to the terms and conditions of the current support service and/or maintenance service agreement(s) in respect of the Equipment (the “Agreement”). All terms and conditions of the Agreement shall remain in full force and effect. In case of discrepancies between these Terms and Conditions and the terms and conditions of the Agreement, these Terms and Conditions shall prevail.

4. The eService is NOT transferrable to any equipment that is not set out in the relevant Schedule to the Agreement. In the event of a change in Equipment by mutual consent of CANON and the Customer, CANON and the Customer will have to enter into a new agreement for the eService.

5. CANON reserves the right to assign all or any part of the eService and the Customer hereby irrevocably and unconditionally consents to such assignment. Customer hereby irrevocably and unconditionally covenants and undertakes that it shall not at any time assign any or all of its rights and benefits entitlements in relation to eService to any third party without prior written consent of CANON.

6. Both Customer and CANON have the right to terminate the eService by prior notice in writing, of not less than 30 days. CANON has the right to terminate the eService at any time if the Customer breaches any of the terms and conditions of the Agreement.

7. CANON reserves the right to amend any of these Terms and Conditions without prior notice to the Customer.

Customer's responsibility

8. The Customer is responsible for his own network infrastructure, internet connectivity, email server, or computer system and any other cost incurred to maintain those above in good working environment. CANON cannot provide any eService in cases where the Equipment is unable to communicate with the server due to internet communication failure between the Customer’s internal and external environment or where Customer refuses to send email to CANON designated email account when required.

9. The Customer shall authorize :

9.1 CANON to connect the Equipment to CANON’s remote server;

9.2 CANON to install and setup the SmartMR and/ or Smart eNotice to the Customer’s computer device(s) if Customer will use such service;

9.3 CANON to transmit Equipment related hardware information (including but not limited to model and serial number of the Equipment and Customer token) (“Service Data”) and meter reading(s) (“Meter Counter Data”) from the Equipment to CANON’s remote server, or in case of SmartMR and/ or Smart eNotice transmitting Meter Counter Data from Equipment to Customer computer device;

9.4 CANON to install the printer software updates on the Equipment from CANON’s remote server;

9.5 the establishment of HTTP/HTTPS communications between the Equipment, the eService, and CANON’s remote server;

9.6 CANON to use Service Data for the purposes of providing the eService, product/service improvement and development activities; and

9.7 Canon to use Meter Counter Data for the purposes of billing

10.  In order to maintain the connectivity of the eService, the Customer shall keep CANON informed of any changes to its network environment (including without limitation change of IP address, hostname, Web proxy details), or for SmartMR and/ or Smart eNotice, change of computer device installed with such service so as to facilitate the change of relevant settings of the eService.

11. The Customer acknowledges that availability of the eService is dependent on Internet connection, relevant computer device, computer system and that CANON shall not be liable for any loss or damage (including arising from the security or loss of data) arising from the provision of the eService.

12. In case of any discrepancy between any eService reports (if applicable) and Meter Counter Data, the Customer agrees that for the purposes of billing, the Meter Counter Data as generated by the Equipment shall prevail over the eService reports.

13. Where firmware provided includes a third party software, the Customer agrees to enter into any End-User License Agreement (“EULA”) with the licensor of the software as may be required and agree to comply with the terms of the EULA or any other terms of use imposed by the licensor. The use of eService by Customer shall be deemed its acceptance of the EULA of SmartMR [link], and Print Management Solution uniFLOW [link], and Smart eNotice [link].

14. For any discrepancy between the English version and the Chinese translation, the English version shall prevail.