X Series FPS Program Description and Terms and Conditions
X Series FPS Program Description:
Standard Program Fee: $299 participation fee per year, applicable from paid membership activation.
Special 2-Year Program Fee: $399 participation fee for two-year term, applicable from paid membership activation. Note that this special pricing is subject to termination by Fujifilm at any time without notice.
As Add-On to GFX FPS Program Subscription: GFX FPS Program members will receive the X Series FPS benefit in addition to the GFX FPS Program at no charge, for the duration of their existing GFX FPS membership.
Program Eligibility Requirements:
As of the time of subscription, participant must own FUJIFILM X Series digital camera products from Exhibit A which total an aggregate of at least 10 points (based on the respective point values then-referenced in Exhibit A) AND at least two (2) XF lens products OR one (1) MKX lens product, all of which were registered at www.RegisterMyFujifilm.com. Program sign-up is subject to registration verification. Membership is personal to the member and is non-transferrable.
Note that Exhibit A is subject to adjustment by Fujifilm from time to time.
Once Program registration has been completed, the X Series FPS Program will also apply to all X Series digital camera and XF lens products that were previously, or are hereafter (during the Program Term) purchased by the participant and that are properly registered within 90 days of such purchase, for the applicable Program Term, provided that only the X Series digital camera products referenced on Exhibit B at any given time will be “Covered Products” and subject to check and clean service and repair service in connection with the FPS Program. Exhibit B is subject to adjustment from time to time to add new and to remove various discontinued X Series and XF/MKX lens products. .
Participant must be at least 18 years of age, and must reside in the United States, Puerto Rico or the District of Columbia, excluding other US territories. Note: Puerto Rico, Hawaii and Alaska consumers do not qualify for guaranteed 2 business day shipping benefit.
Participation is subject to these X Series FPS Program Description and Terms and Conditions as well as the general terms and conditions of the Program and other terms that Fujifilm may designate from time to time.
X Series FPS Program Welcome Kit (to be sent upon confirmation of registration):
- Welcome Letter and Confirmation of X Series FPS Program Membership
- Card confirming access to dedicated hotline technician telephone and email support within the United States, the District of Columbia, and Puerto Rico available Monday to Friday, 9 AM to 8 PM EST, and Saturday and Sunday, 10 AM to 6 PM EST (excluding Fujifilm holidays).
- Four (4) “Check & Clean” Program Service Vouchers, each of which is valid for redemption for 1 complimentary Check & Clean Program Service on 1 Covered Product X Series Camera Body and 1 Covered Product XF or MKX Lens. “Check & Clean” Program Service is subject to Fujifilm’s standard Check & Clean Service Program, and includes general operational check, sensor cleaning, and any appropriate firmware update. Repair service and parts not included. Customer responsible for inbound shipping to the Fujifilm repair facility. Voucher has no cash value.
- 50% Discount on Additional “Check & Clean” Program Services on then-Covered Product X Series Camera Body and XF or MKX Lens Products (i.e. after the 4 provided Vouchers have been used, and commencing with 5th Check & Clean Service request).
- Two (2) Business Day Turnaround for Check & Clean Services, and Complimentary 2-Day Express Return shipping for all Check & Clean Service. Note that Customer is responsible for inbound shipping to Fujifilm’s repair facility and Puerto Rico, Alaska and Hawaii consumers do not qualify for 2 business day return shipping benefit.
- Thirty percent (30%) discount on non-warranty repairs for then-Covered Product X Series Camera Body and XF or MKX Lens Products (Labor and Parts only); exclusions may apply. Any product with a point value on Exhibit A at any time lower than 5 points may be excluded from repair or service. In such cases, Fujifilm will use commercially reasonable efforts to offer an exchange model at a discounted price.
- Expedited two (2) Business Day Turnaround Time for Repairs, with free 2-Day Express Shipping to and from the Fujifilm repair facility (via shipping label provided by Fujifilm), subject to parts availability.
• On Covered Products In Warranty: From Gear Arrival to Ship Date.
• On Covered Products Out of Warranty: From Payment Confirmation to Ship Date.
NOTE: Puerto Rico, Alaska and Hawaii consumers do not qualify for 2 business day shipping benefit.
- X Series Product Loaners for Covered Products that are in for repair may be available upon request if repair is expected to exceed two (2) business days, based on availability.
- A valid credit card and driver’s license will be required.
- Participant must return all Loaned Equipment at the time the repaired Covered Product is received.
- Loaned Equipment terms and conditions apply (see X Series FPS Program Terms and Conditions below).
- One-Time, Extended Warranty Discount Offer. As an FPS member you will be able to purchase a 3 Year Extended Limited Warranty for any single, Covered Product X Series Camera Body, XF Lens, or MKX Lens for a discounted price of only $100.
- Extended Warranty is a separate offering administered independently of the X Series FPS Program and offered through a third party, Mack Camera & Video Service Inc.
- All Mack Warranty Extended Warranty Plan terms, conditions and requirements apply. Terms available at www.mackcam.com
- Product must be registered for extended warranty prior to 90 days before expiration of original FUJIFILM Limited Warranty.
- Warranty can be purchased at time of FPS registration or at any time within the initial, first year of FPS membership in the X Series FPS Program.
- Discount offer applies to initial year of FPS membership only and does not apply to any renewal term of FPS membership.
REPAIR SERVICE TERMS AND CONDITIONS
1. Warranty and Out of Warranty Repair Service
- Warranty repair service will be performed in accordance with the Limited Product Warranty packaged with the Covered Products and in accordance with the Mack Warranty Extended Warranty Plan terms and conditions if and as applicable. The X Series FPS Program Terms and Conditions shall not be construed as a modification, extension or enhancement of any Limited Product Warranty or Extended Warranty Plan terms or conditions applicable to any X Series camera body or XF or MKX lens products under any circumstances.
- For out of warranty repair service, a repair estimate will be provided for prior approval before any repairs are performed. Repair estimates will be provided via email. If you do not reply to this repair estimate within thirty (30) days of Fujifilm’s receipt of the product, the product will be returned to you unrepaired.
- A Covered Product which is submitted for warranty service requires proof of warranty eligibility. If Fujifilm’s standards for proof of warranty are not satisfied, service will be handled as an out of warranty repair and a repair estimate will be provided.
- Covered Products should be sent in for warranty or out-of-warranty repair service without accessories, and with the SD Card removed. Fujifilm is not responsible for any SD card (or any images, video or other content which may be contained on it) or any accessory which may be provided with any Covered Product in any circumstance. In no event will Fujifilm or its affiliates be responsible for any claims, damages, liabilities, costs or expenses whatsoever relating to an SD card or accessory sent in with a Covered Product for warranty or repair service.
2. Shipping
- You are generally responsible for inbound shipping to Fujifilm’s repair facility, except as otherwise specifically described in these X Series FPS Program Terms and Conditions. All products sent to Fujifilm (whether sent via a Fujifilm provided shipping label or otherwise) must be properly packaged so as to avoid damage during shipping. In addition, Fujifilm recommends that all shipments be tracked to confirm delivery. You assume all responsibility for products shipped to Fujifilm including, without limitation, any liability for damage, theft or loss during shipping, irrespective of whether a Fujifilm provided shipping label was provided.
- A correct street address (no P.O. Boxes) within the continental United States, District of Columbia, Puerto Rico and Hawaii must be supplied for return shipment. All repairs will be returned signature required; it is your responsibility to have someone available to receive returned product. The carrier’s delivery, pick-up and return policies will apply.
X Series FPS Program Terms and Conditions
The following terms and conditions are applicable to participation in the FUJIFILM Professional Services Program for X Series Products:
1. Eligibility for Membership and Participation. Only consumers (i) who are legal residents of the United States, Puerto Rico, and the District of Columbia, (ii) who are at least 18 years of age at the time of registration, (iii) who have registered at www.RegisterMyFujifilm.com, and have signed up for the X Series FPS Program relating to FUJIFILM X Series digital camera products from Exhibit A which total an aggregate of at least 10 points (based on the respective point values then-referenced in Exhibit A) AND at least two (2) XF lens products OR one (1) MKX lens product, (iv) who have paid the required and applicable participation fee, and (v) who are accepted by Fujifilm (at its discretion), are permitted to participate in the X Series FPS Program. The X Series FPS Program is not available to consumers residing within other US territories. Note: Puerto Rico, Alaska and Hawaii consumers do not qualify for guaranteed 2 business day shipping benefit.
Note that Exhibit A is subject to adjustment by Fujifilm from time to time.
Once a consumer is a member in the X Series FPS Program, any additional X Series digital camera or XF or MKX lens products which are then-listed on Exhibit B and that that consumer purchases and registers at www.RegisterMyFujifilm.com within 90 days of purchase may be added to the Program as a “Covered Product” for any remainder of that consumer’s applicable Program Term as well.
All FUJIFILM X Series digital camera and XF or MKX lens products which are purchased and registered by a consumer within 90 days of purchase are eligible to become Covered Products pursuant to the X Series FPS Program, subject to the following exclusions. The following described products are not “Covered Products” and may not receive benefits under the X Series FPS Program in any instance:
- Products that have been repaired or modified, other than by FUJIFILM Authorized Repair Center Technicians.
- Refurbished products, unless such products have been refurbished by Fujifilm. Please note that FUJIFILM North America Corporation refurbished items have a limited 90-day warranty.
- Products sent in for repair or service to Fujifilm by a third party, including without limitation retailers or dealers.
- Counterfeit products.
- Gray market products (i.e. products which were not originally intended by FUJIFILM Corporation and its affiliates for sale within the United States and its territories).
- Products not listed on Exhibit B at any given time, as such Exhibit is updated from time to time by Fujifilm.
2. Registration. Participants hereby represent and warrant that all of the information submitted during the registration process is true and accurate and that he or she meets all eligibility requirements required pursuant to the X Series FPS Program Terms and Conditions. In the event that any information submitted is found to be untrue or inaccurate, Fujifilm may terminate your participation in the Program without a refund of any portion of the paid participation fee. In addition, all participants are responsible to keep all registration information up to date, including contact information (mailing address, email address, phone numbers, etc.) so that X Series FPS Program notices (including renewal notices) may be provided. If the contact information is not kept up to date, Fujifilm will not be responsible for notices or other mailings or shipments that are not received.
3. Term. The initial term of the X Series FPS Program is generally one (1) year from the date of paid membership activation (or 2 years if the 2-year Special Program is purchased, while available). Fujifilm will use reasonable efforts to contact each participant by email roughly 30 days prior to expiration of the initial Program Term or any renewal Program Term to ask whether the participant wishes to renew participation in the X Series FPS Program for another year at the stated renewal fee, which is subject to change. In the event Fujifilm does not receive a response that the participant absolutely wishes to renew, the participant’s membership in the X Series FPS Program will be deemed to terminate upon expiration of the initial or applicable renewal term, and reinstatement will only be permitted once the participation fee applicable to new participants has been paid.
4. Termination of Participation. You understand and agree that although you can cancel your participation in the X Series FPS Program at any time, you will not under any circumstance be entitled to receive any refund of the paid participation fee from Fujifilm. In the event of your failure to adhere to any of the X Series FPS Program Terms and Conditions, Fujifilm may terminate your participation the X Series FPS Program without any further obligation to you.
5. Loaned Equipment. Any requests for loaned X Series equipment during any period of time your Covered Products are in for repair will be subject to Fujifilm’s approval and its available in-stock inventory. You acknowledge and agree that any provided Loaned Equipment is loaned solely for your use in accordance with these X Series FPS Program Terms and Conditions and other instructions provided by Fujifilm. All Loaned Equipment will be fully operational and in good working condition, but such Loaned Equipment may in various instances include scuffs, scrapes and scratches. No SD Card, battery charger, or other accessories will generally be provided. The Loaned Equipment is owned by Fujifilm at all times and may not be loaned, sold, encumbered or otherwise transferred by you to any third party for any reason. You agree to use the Loaned Equipment in accordance with the provided Fujifilm product manual or instructions. Under no circumstances may you perform any maintenance or repair on the Loaned Equipment. If maintenance or repair is necessary, you will be expected to contact Fujifilm for further instructions.
Fujifilm will provide the Loaned Equipment to you via Federal Express or a similar overnight delivery carrier. A prepaid shipping label will be included for your return of the Loaned Equipment. You are expected to retain all packaging materials originally provided to you in order to ensure proper packing of the Loaned Equipment for return to Fujifilm, and you will be responsible for any damage or loss to the Loaned Equipment incurred during return shipping. You are expected to remove your SD card prior to return of the Loaned Equipment, and you acknowledge that Fujifilm shall have no responsibility for any damage or loss to any SD card that is returned with the Loaned Equipment, or for any images on such SD Card. You acknowledge that Fujifilm reserves the right to recall any item of Loaned Equipment, for any reason, at any time upon notice to you, and in that event you agree to promptly return the Loaned Equipment. Otherwise, you will promptly return the Loaned Equipment upon your receipt of the Covered Product that was sent in for Fujifilm’s repair, within 3 business days of your receipt of your repaired equipment.
You agree to timely return the Loaned Equipment as directed by the terms above, in good condition, reasonable wear and tear excluded. You agree to protect the Loaned Equipment against shock, impact, water or weather damage, sand, dirt, and other harmful substances which may cause damage to the Loaned Equipment, and other situations and climates that may cause damage to the Loaned Equipment. You acknowledge that you will bear all risk of loss or damage to the Loaned Equipment while in your possession and until its return to Fujifilm, including any damage caused by improper packaging of the Loaned Equipment for its return as noted above. You agree to reimburse Fujifilm for the cost of any repairs to, or replacement of, the Loaned Equipment necessitated by damage to the Loaned Equipment while on loan, including any damage or loss caused by theft, improper use, improper shipping or handling, or improper packaging of the Loaned Equipment for its return. You authorize Fujifilm to charge your credit card for any charges owed due to theft, loss or damage to the Loaned Equipment. Failure to return the Loaned Equipment will result in a charge equal to the full retail replacement value of the Loaned Equipment as determined by Fujifilm.
You acknowledge and agree that the Loaned Equipment is loaned to you without any warranty and “AS IS”. THERE ARE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO THE USE OR PERFORMANCE OF THE LOANED EQUIPMENT, AND ANY AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FUJIFILM SHALL NOT BE LIABLE FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (SUCH AS, BY WAY OF EXAMPLE ONLY, LOST PROFITS, ECONOMIC LOSS, LOST OPPORTUNITY, COST OF COVER, DAMAGE TO REPUTATION OR GOODWILL), ARISING IN ANY WAY OUT OF THE PROVISION, USE OR INABILITY TO USE ANY LOANED EQUIPMENT, OR OTHERWISE RELATING TO THE X SERIES FPS PROGRAM.
6. Force Majeure. In the event Fujifilm is unable to carry out the X Series FPS Program services at any time by reason of strike or labor issues, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, utility issues, the threat of terrorist activities, supply shortages, carrier or transportation issues, or any other causes that are beyond the reasonable control of Fujifilm and without its fault or negligence (a “Force Majeure” event), Fujifilm will give you notice to as soon as commercially practicable advising you of the Force Majeure event and the reasons for the delay or non-performance, and make all commercially reasonable efforts to resume performance as soon as possible.
7. Modifications to the X Series FPS Program. The X Series FPS Program may be changed or terminated by Fujifilm at any time by posting updated X Series FPS Program Terms and Conditions on the Fujifilm FPS Program website, or by otherwise notifying participants by email, mail, or other delivery means. In the event that Fujifilm terminates the entire X Series FPS Program with 4 months or less of the expiration date of the initial or any renewal Program Term, there will be no refund of any remaining portion of the paid participation fee.
8. General Terms. The X Series FPS Program Terms and Conditions shall be governed by the laws of the State of New York and any dispute arising hereunder will be resolved in accordance with the laws of the State of New York without reference to its conflict of laws principles. These X Series FPS Program Terms and Conditions (and the Exhibits applicable thereto) shall not be amended or otherwise modified except in a writing authorized by Fujifilm’s authorized senior management (email or website postings being acceptable). In the event any of these Terms are held to be invalid or otherwise unenforceable by a court of competent jurisdiction, such term (or part thereof) shall be enforced to the extent possible consistent with the stated intention of the parties, or, if incapable of such enforcement, will be deemed to be deleted, while the remaining provisions of these Terms will remain in full force and effect. Neither your participation nor any X Series FPS Program benefits may be assigned or otherwise transferred to another party, and any attempted assignment or transfer shall be void. Any waiver of any breach or failure to enforce any of these X Series FPS Program Terms and Conditions shall not in any way affect, limit or waive Fujifilm’s right thereafter to enforce and compel strict compliance with every term and condition hereof. These X Series FPS Program Terms and Conditions, together with the Program Description and Terms and Conditions, the Repair Service Terms and Conditions, the then-current Exhibit A and Exhibit B lists of applicable Covered Products and point values, and any other document Fujifilm may designate from time to time as part of the X Series FPS Program, constitutes the entire agreement relating the X Series FPS Program and supersedes all prior and contemporaneous agreements or representations, written or oral, of the parties pertaining to such subject matter.
