Samsung Electronics Nordic AB
SMART Care Pack – Terms and Conditions

(1) Definitions

In these SMART Care Pack Terms and Conditions the following terms shall have the following meanings:

Customer

 Shall mean an end customer which is a legal entity acquiring the Samsung Product directly from Samsung, or via one or more resellers, for its own use and not for the purposes of commercial resale.

Defect

 Shall mean a defect in a Samsung Product as defined in the National Warranty Scheme (and the term “Defective” shall be interpreted accordingly).

Extended Warranty Period

 Shall mean a period commencing on the expiry of the Warranty Period, extending the Warranty Period of the National Warranty Scheme of the Samsung Product with an additional period of either 12, 24, 36 or 48 months. The maximum total warranty period (Warranty Period and Extended Warranty Period collectively) may vary, but may not be longer than 5 years (for telecom products, not longer than 3 years) from the Customer’s date of purchase of the Samsung Product, and under no circumstance longer than 63 months from the production date of the Samsung Product.

SMART Care Pack

 Shall mean the supplementary warranty of the Samsung Product as detailed herein. For the avoidance of doubt, SMART Care Pack is not valid for Samsung Products which are (re)sold to consumers. (For the aviodance of doubt, SMART Care Pack is replacing the FastGuard™ Extended Warranty from 18 December 2014.)

National Warranty Scheme

 Shall mean the “Basic Warranty B2B” offered by Samsung to Customers for Samsung Products. 

Samsung

 Shall mean Samsung Electronics Nordic AB, company registration number 556445-4345, being the company offering the National Warranty Scheme and SMART Care Pack to the Customer.

Samsung Product

 Shall mean all products supplied by Samsung directly, or via one or more resellers, to an end customer which is a legal entity acquiring the product for its own use and not for the purposes of commercial resale.

Warranty Period

 Shall mean the original warranty period as defined in the National Warranty Scheme.

(2) General

The SMART Care Pack is either one or both of the following types: 

a. Extended Warranty Period, is a time extension of the National Warranty Scheme, which commences upon expiry of the Warranty Period and must be contiguous. The extention is available to certain Samsung Products as stated by Samsung from time to time.

b. An enhancement (“Upgrade Warranty”) of the National Warranty Scheme, which is available to certain Samsung Products as stated by Samsung from time to time. The Upgrade Warranty available differs from time to time and may include such upgrades as next business day on-site service (meaning that if a service request is properly logged before a specified time, Samsung will aim to initiate on-site service of the Samsung Product on the Customer’s premises the next business day) . The currently available Upgrade Warranties are set out in Samsung’s price list, as applicable from time to time. Samsung reserves the right to change the Upgrade Warranty offer at its sole discretion. In order for the Upgrade Warranty to apply, the Samsung Product must be covered by a valid National Warranty Scheme or be covered by an Extended Warranty Period . Unless the Customer has a valid Extended Warranty Period, the Upgrade Warranty shall automatically cease to apply at the expiration of the Warranty Period. Further, the Upgrade Warranty may only apply during the Extended Warranty Period if (i) it is purchased, registered and activated in accordance with what is set out in Section 3 below, and (ii) the term of the Upgrade Warranty purchased exceeds the Warranty Period. 

The SMART Care Pack does not affect the Customer’s rights and obligations under the National Warranty Scheme. Terms and Conditions of the National Warranty Scheme still apply for SMART Care Pack except where specifically excluded below. 

Samsung’s fees for the SMART Care Pack is set out in Samsung’s price list applicable from time to time. All payments to Samsung for SMART Care Pack shall be made within 30 days from the date of Samsung’s invoice.

Upon purchase of the SMART Care Pack, Samsung issues a certificate verifying the purchase. The certificate is sent to the Customer (or, where applicable, to the reseller purchasing the SMART Care Pack on behalf of and for the benefit of a Customer) by e-mail as a pdf file, to the e-mail address stated by the Customer (or, where applicable, the aforementioned reseller) during the purchase.

(3) Specific conditions

During the Extended Warranty Period Samsung will, at its option, repair, replace or credit Defective Samsung Products under the same terms and conditions as under the National Warranty Scheme. Repair parts to the Samsung Product will be furnished, and replacement of a Defective Product will be made, on an exchange basis and will be either new or refurbished to be functionally equivalent to new. Replacement of a Defective Samsung Product will be made by an identical model or, if such model is not available to Samsung, with a similar model. The warranty in respect of a repaired or replaced item shall be for the remainder of the Extended Warranty Period of the repaired/replaced Samsung Product. All original items replaced in the performance of services shall become the property of Samsung and the parts will become the property of the Customer. The method of service and operating conditions will be as described in the National Warranty Scheme. Samsung makes no representation or warranty that the Samsung Product will operate uninterrupted or error free.

In addition to any conditions/limitations under the National Warranty Scheme, the following special conditions apply to SMART Care Pack:

a. Service only covers Samsung Products located in Denmark, Finland, Iceland, Norway or Sweden (the “Nordic countries”) or, if the Samsung Product is located outside the Nordic countries, that the Customer ships the Samsung Product to and from an “Authorized Samsung Service Centre” in one of the Nordic countries at its own cost and expense (or to and from a local Samsung Electronics service centre if so agreed between Samsung and Customer in writing on a case-by-case basis).

b. Despite being covered by the National Warranty Scheme, batteries, accessories and consumables are excluded from SMART Care Pack.c. To be valid, the SMART Care Pack must be purchased by the Customer (or the reseller purchasing the SMART Care Pack on behalf of and for the benefit of a Customer) in conjunction with the reseller’s purchase of the Samsung Product from Samsung, or the reseller’s resale of the Samsung Product to the Customer, and the SMART Care Pack must be registered and activated at the latest 90 days after the Customer’s purchase of the Samsung Product (activation is done via Samsung’s website), and when registering the SMART Care Pack, the Customer (or the reseller purchasing the SMART Care Pack on behalf of and for the benefit of a Customer) shall provide such information as requested by Samsung from time to time, including certificate number, product code and serial number for the Samsung Product(s) covered by the SMART Care Pack.

d. To be valid, all claims under SMART Care Pack shall be made without undue delay from the appearance of the Defect, and Defects reported outside of the Extended Warranty Period are excludedServices performed by (or on behalf of) Samsung in rectifying damage or defect caused as a result of any conditions not covered by SMART Care Pack may be subject to additional charges for labour, transportation and parts. Re-installation of the original software may be subject to additional charges.

(4) Force Majeure

If Samsung is prevented from or hindered in performing its obligations under these SMART Care Pack Terms and Conditions by reason of any cause beyond Samsung’s control (including without limitation, war, riot, accident, fire, strike, flood or other natural disaster, act of terrorism, general shortage of raw material, import or export restrictions or labour disputes) - or if any “Authorized Samsung Service Centre”, spare part supplier or other sub-contractor is prevented or hindered for such reason - the time for performance shall be extended by a period equal to that during which the cause preventing or hindering the performance exists.

(5) Data

The Customer shall be responsible for backing up and otherwise protecting its data against loss, damage or destruction. Samsung shall not be liabile for the loss of any data howsoever caused.

(6) Claim Requirements

The Customer’s claims made under these SMART Care Pack Terms and Conditions must, in addition to what is stated in the National Warranty Scheme, conform to the following requirements:
a. The Customer must contact Samsung Business Support to make arrangements for warranty service. 
b. The Customer must provide proof of activated SMART Care Pack, including product code and serial number.
c. The Customer must provide a clear fault description and carry out diagnostics as advised.
d. The Customer must comply with any reasonable instructions for trouble-shooting and service.

(7) Disclaimers

The limitations of liability set out in the National Warranty Scheme shall be applicable also with respect to the SMART Care Pack. Subject to the warranty in Paragraph 3, all conditions, warranties and terms implied by statute or otherwise are hereby excluded to the maximum extent permissable by law.