1. DEFINITIONS. The following words shall have the meaning described below:

A. CORE MARKET CLIENTS are those Clients whose Product is shipped to Core Market Countries. As of 1 September 2000, Core Market Countries are Australia and New Zealand.

B. INTERNATIONAL CLIENTS are those Clients whose Product is shipped to non-Core Market Countries. Core Market Clients who take their Product to a non-Core Market Country become International Clients and will obtain warranty cover under the same conditions as International Clients.

2. INSPECTION OF PRODUCT UPON RECEIPT. You must examine the Product and Accessories immediately upon delivery. If you find that any package is damaged or missing, you must immediately notify Gateway. If you thereafter find the Product or Accessories, or any portion thereof, to be damaged or missing, you must notify Gateway within thirty (30) days from the date of delivery of the Product. If you fail to give such notice, you will, subject to Section 4 below, be deemed to have waived any claim you may have had against Gateway and/or the carrier in that respect.
    
3. LIMITED WARRANTY.

A. CORE MARKET CLIENTS. Gateway warrants to you, subject to the provisions of this Section 3, that the Product (excluding Accessories) will be free from defects in material and/or workmanship from the date of delivery for the period indicated on your Gateway purchase receipt or invoice or one (1) year, whichever is longer. For Accessories, please refer to the warranties that accompany those Accessories. This limited warranty only applies to Gateway-branded Products. For optional warranty and service upgrades please refer to Section 8.

On-site service is NOT available for International Clients.

1. If your Product is shipped to Australia and you are acquiring the Product as a consumer (as defined in the Australian Trade Practices Act of 1974 (the "TPA")), you will be entitled to certain guarantees, rights and remedies under the TPA, and if:

1. You are acquiring the Product for personal, domestic or household use, and not for the purposes of a business, nothing in this Agreement will have the effect of excluding or restricting any liability of Gateway for breach of any condition or warranty implied by any provision of the TPA.
2. You are acquiring the Product for the purposes of a business, any liability of Gateway for breach of any condition or warranty implied by any provision of the TPA is expressly limited to:

1. in the case of goods, one or more of the following (decided by Gateway in its absolute discretion):

1. the replacement of the goods or the supply of equivalent goods;
2. the repair of the goods;
3. the payment of the cost of replacing the goods or acquiring equivalent goods;
4. the payment of the cost of having the goods repaired; or

2. in the case of services (decided by Gateway in its absolute discretion):
   
1. the supplying of the services again; or
2. the payment of the cost of having the services supplied again.

2. If your Product is shipped to New Zealand and (a) you are acquiring the Product for personal domestic or household use and not for the purposes of a business, you are entitled to certain guarantees, rights and remedies under the New Zealand Consumer Guarantees Act of 1993 (the "CGA"), and nothing in this Agreement will have the effect of excluding or restricting such guarantees, rights and remedies; (b) you are acquiring the Product for the purposes of a business, you agree that the New Zealand Consumer Guarantees Act of 1993 and the Sale of Goods Act of 1908 do not apply to the purchase of the Product by you.
    
3. Subject to the TPA or the CGA, as applicable, any liability of Gateway under this Agreement, including any failure of the Product to be Year 2000 compliant, is expressly limited to the price you pay for the Product or Accessory that is the subject of a dispute. Your sole remedy against Gateway in any dispute concerning this Agreement will be to seek recovery of the foregoing amount, upon the payment of which Gateway will be released from and discharged of all further obligations and liability to you.
   
4. Subject to Section 4A above and the TPA or CGA, as applicable:

1. In no event will either party be liable to the other for special, exemplary, consequential, incidental or indirect damages, including, but not limited to, loss of anticipated profits or revenue, loss of data, economic loss, loss of use of the product or any associated equipment, cost of capital, cost of substitute or replacement equipment, facilities or services, down time, your time, the claims of third parties, and injury to property, regardless of the nature of the claim, including but not limited to, breach of warranty, breach of contract, tort (including negligence) or strict liability, even if the other party has been advised of the possibility of such loss or damage.
2. The limited warranty stated above is the only warranty applicable to the Product and Accessories, and all other warranties, whether expressed or implied or statutory (including all implied warranties of merchantability or fitness for a particular purpose) are hereby disclaimed;
3. No oral or other written information (including but not limited to the 10-Day Limited Money Back Guarantee), opinion or advice provided by Gateway, its employees or agents will create a warranty or in any way increase the scope of the warranty above; and
4. If any warranty or condition is implied into this Agreement which by law can be excluded, Gateway’s liability for breach of any such implied warranty or condition is excluded, or if by law it cannot be excluded, but may be limited, it is limited, at Gateway’s option, to the extent permitted by law.

5. TECHNICAL SUPPORT. Gateway provides a range of basic technical support options for the Product via a variety of on-line, telephone, and other methods. Additional phone charges may apply if you are calling from a mobile phone, a public phone or from outside Australia or New Zealand. Using one of these methods, Gateway will help you reinstall the operating system and factory-installed software on your Product and restore it to the original factory configuration at no additional charge from the date of shipment for the period indicated on your Gateway purchase receipt or invoice or one (1) year, whichever is longer. Gateway will inform you before it provides you with technical support for which a fee will be charged. Gateway may change the means through which it provides technical support at any time. Some current support methods are listed below. It is likely that many of your questions will be answered by the documentation shipped with, and information loaded on, the Product. GATEWAY DOES NOT PROVIDE FREE SOFTWARE TUTORING OR CUSTOMIZATION, OR SUPPORT FOR ANY OTHER ACCESSORIES, INCLUDING SOFTWARE, OR ANY PRODUCTS PURCHASED FROM THIRD PARTY VENDORS. GATEWAY MAY PROVIDE FEE-BASED SUPPORT FOR THESE OR ANY OTHER ISSUES FALLING OUTSIDE THE SCOPE OF BASIC TECHNICAL SUPPORT. YOU WILL BE NOTIFIED OF ANY APPLICABLE FEE BEFORE GATEWAY TECHNICAL SUPPORT BEGINS RESOLUTION OF YOUR ISSUE. Please contact Gateway for current prices and availability for fee-based technical and tutorial support.

1. CLIENT RELATIONS:

                       Australia             New Zealand
Phone           1300 301 594        0800 570 111
Facsimile      1300 300 388        0800 156 220

The Gateway Client Relations department can assist you with non-technical questions. Call these numbers to change your address or to inquire about orders, bills, and invoices.

2. TECHNICAL SUPPORT:

                                                  Australia             New Zealand
                           Phone           1300 301 672        0800 570 111
                           Facsimile      1300 300 388        0800 156 220

Call these numbers if you have technical questions about your Product.

6. OBTAINING WARRANTY SERVICE. To obtain service under this limited warranty, you must contact Gateway Technical Support. You may contact Gateway Technical Support via a variety of on-line, telephone, and other methods to diagnose hardware issues. Gateway will provide hardware diagnosis by one of these methods for no additional charge from the date of shipment for the period indicated on your Gateway purchase receipt or invoice or one (1) year, whichever is longer. After that period has expired, Gateway may charge you a fee to diagnose hardware issues. If Gateway determines that your Product or one of its parts is defective, Gateway may authorize the replacement of a part or the Product. If on-site service is available for your Product or issue as described in Section 7, the technician may utilize these means to resolve your issue. You may be asked to take your Product to a Gateway authorized service center to obtain warranty service. PLEASE NOTE, ON-SITE SERVICE AND PRODUCT/PART REPLACEMENT ARE AT GATEWAY’S SOLE DISCRETION AND ARE CONSIDERED OPTIONS OF LAST RESORT. Gateway Technical Support personnel will work to resolve issues professionally and quickly; however, you must reasonably assist Gateway in providing technical support services. Procedures for handling parts and replacements are outlined below. PLEASE NOTE THAT GATEWAY WILL BE RESPONSIBLE FOR SHIPPING COSTS RELATED TO REPLACEMENT PARTS AND PRODUCTS TO YOU, BUT YOU ARE RESPONSIBLE FOR SHIPPING COSTS OF PARTS OR PRODUCT TO GATEWAY FOR SERVICE. Procedures for handling on-site warranty service are outlined in Section 7. Warranty service may be denied or limited if your account is not in good standing, including outstanding debt for replacement parts not returned to Gateway.

Whether you are obtaining replacement parts, having repairs performed, or returning the entire Product and Accessories for a replacement, the following procedures must be followed. FAILURE TO FOLLOW THE PROCEDURES SET OUT IN THIS SECTION MAY RESULT IN DELAYS IN THE REPLACEMENT OF PARTS, REPAIR, OR REPLACEMENT OF YOUR PRODUCT, OR MAY RESULT IN ADDITIONAL CHARGES TO YOUR ACCOUNT. GATEWAY RESERVES THE RIGHT TO REFUSE TO ACCEPT PRODUCTS WHERE THESE PROCEDURES ARE NOT FOLLOWED.

• Replacement part(s) or Products will be shipped after the non-functioning parts or Product have been returned to Gateway, unless the parts or Product are secured (or for International Clients paid for) with a credit card at the time of the call. The technician who authorizes the return of the parts or Product may require you to pay the cost of shipping the replacement part(s) or Product to you and the cost of returning the defective part(s) or Product to Gateway. You are financially responsible for the defective part(s) or Product. YOU MUST RETURN THE DEFECTIVE PART(S) OR PRODUCT UNLESS AUTHORIZED IN WRITING BY GATEWAY TO RETAIN OR DISPOSE OF THE PART(S) OR PRODUCT. IF YOU FAIL TO RETURN THE DEFECTIVE PART(S) OR PRODUCT WITHIN FOURTEEN (14) DAYS FROM THE DATE THE REPLACEMENT PARTS OR PRODUCT ARE SHIPPED TO YOU, YOU WILL BE RESPONSIBLE FOR THE ORIGINAL SALES VALUE OF THE REPLACEMENT PART(S) OR PRODUCT.
• If your technician decides that Gateway will repair part(s) or Product, he or she will provide you with instructions about how to return the part(s) or Product to Gateway for repair. Include a brief summary of the problem, your Client ID number, Product serial number, and order number. List the name and telephone number of the person Gateway is to contact with any questions regarding the system and/or repair. Gateway will repair your Product as quickly as is reasonably possible.
• Back up all files before returning the Product and/or Accessories for repair or replacement. Gateway recommends that you have an external back-up system at all times to reconstruct lost or altered files, data, or programs. GATEWAY IS NOT RESPONSIBLE FOR ANY LOSS OF YOUR DATA.
• You acknowledge and agree that the diagnostic or repair services of Gateway are provided without any obligation of confidentiality or non-disclosure on the part of Gateway, its employees or agents. You are advised to delete or otherwise remove from the Product, prior to delivering the Product to Gateway, any files or data you consider private, confidential or proprietary. You understand and agree that a failure to delete or otherwise remove such files or data shall constitute your waiver of any privacy, confidentiality or proprietary rights with respect to such files or data. If your Product contains software that enables Gateway technicians to diagnose and repair problems with your Product remotely, you hereby consent to such remote access to your Product by Gateway solely for such diagnostic and repair purposes.
• Return any Product or Accessories in the original packing materials, or if these are not available, other suitable packing materials to prevent further damage. The technician who authorizes the return of the parts or Product will issue a Returns Merchandise Authorization (RMA) number. Write the RMA number in large, clear characters on the outside of each box you ship. FAILURE TO INCLUDE THE RMA NUMBER MAY RESULT IN DELAYS.
• FOR YOUR PROTECTION, INSURE THE SHIPMENT TO GATEWAY FOR FULL REPLACEMENT VALUE. YOU ARE RESPONSIBLE FOR ANY DAMAGE TO THE PRODUCT OR ACCESSORIES WHICH OCCURS DURING SHIPMENT TO GATEWAY.
• Clients returning parts or Product from outside the Core Market Countries must include a shipping invoice stating that the goods have no dutiable value and are being returned for repair only. If you do not complete and return the shipping invoice of the Product, you will be charged for any duties that apply.
• A return address will be provided when you receive your RMA Number and may not necessarily be the place of purchase.

7. STANDARD ON-SITE SERVICE (FOR CORE MARKET CLIENTS ONLY). If you are a Core Market Client, you are entitled to receive the following standard on-site service for the Products from the date of delivery for the period indicated on your Gateway purchase receipt or invoice or one (1) year, whichever is longer. THERE IS NO ON-SITE SERVICE FOR PORTABLE COMPUTER SYSTEMS OR ACCESSORIES. ON-SITE SERVICE IS PROVIDED SOLELY AT THE GATEWAY TECHNICIAN’S DISCRETION. IN CASES OF DISAGREEMENT, THE GATEWAY TECHNICIAN’S DECISION WILL GOVERN.

A. Gateway will install replacement parts in your Product as necessary to correct defects covered under the limited warranty applicable to the Product.

B. On-site service is only available for your location if it is within a 50-kilometre travelling distance (in the case of Australia), or 30km travelling distance (in the case of New Zealand), of a then-existing facility of Gateway or its authorized on-site service provider. The services are available during reasonable business hours. PLEASE CONSULT YOUR PRODUCT SALES REPRESENTATIVE OR GATEWAY TECHNICAL SUPPORT TO DETERMINE WHETHER THE ON-SITE SERVICE IS AVAILABLE AT YOUR LOCATION AND THE HOURS OF AVAILABILITY. GATEWAY RESERVES THE RIGHT TO REFUSE OR CANCEL SERVICE TO A CLIENT IF GATEWAY DETERMINES THAT YOU HAVE FAILED TO COMPLY WITH ANY OF YOUR RESPONSIBILITIES DESCRIBED IN SECTION 7D BELOW.

C. While Gateway will use reasonable efforts to have on-site service visits take place on the business day scheduled, Gateway will not be liable to you if this does not occur but will arrange a service visit for an alternative day. It is not possible for Gateway to commit to a specific time of day for an on-site service visit. Please check the identification of the on-site engineer before allowing access to your location.

D. For all on-site services described in this Agreement, you are responsible for the following obligations. You acknowledge and agree that Gateway's provision of on-site services is contingent on your full satisfaction of these obligations. Your responsibilities include:

1. Ensuring that the technician is not exposed to unsafe, unhealthy, abusive, violent or illegal activities, environment or conduct:

2. Ensuring that the Product to be installed or serviced is present at the actual service or installation location;

3. Providing the Gateway technician with full access to the location where the installation or on-site service will be performed;

4. Ensuring the installation or service area is free from loose plastic, papers and styrofoam cups, any of which could cause static charges;

5. Providing a suitable installation and operating location for the Product, which location, at a minimum, is designed to (a) support the size and weight of the Product; (b) provide sufficient space, electrical power, and, if applicable, network cable for the Product, (c) contain the appropriate number and types of electrical outlets, analog phone jacks, and, if applicable, network cables, within reach of the Product, and (d) avoid the possibility of damage caused by impact with other objects, falls, spilled liquids or immersion in liquids, or misuse;

6. Ensuring that the Product to be serviced or installed is located in a environment that poses no potential health or safety hazard to the Gateway technician;

7. Backing up proprietary and confidential information and maintaining a procedure external to the hardware products for reconstruction of lost or altered files, data, or programs (GATEWAY SHALL NOT BE RESPONSIBLE FOR LOSS OF ANY CLIENT DATA);

8. Removing any third-party, non-Gateway products prior to the arrival of the Gateway technician;

9. Providing the Gateway technician with operating system software and applicable drivers supporting Gateway hardware (on diskette or CD) used during normal operation;

10. Correctly packaging and returning non-functioning parts, Products or Accessories to Gateway;

11. HAVING A REPRESENTATIVE 18 YEARS OF AGE OR OLDER PRESENT WHEN THE GATEWAY TECHNICIAN IS PROVIDING ON-SITE SERVICE; and

12. Any other obligations reasonably required by Gateway Technical Support or the Gateway technician in order to provide the services pursuant to this Agreement.

A. Gateway will refund the original purchase price of the Product, Accessories, unperformed services and applicable sales taxes. SHIPPING, HANDLING, INSURANCE FEES, AND FEES FOR SERVICES THAT HAVE BEEN PERFORMED (INCLUDING APPLICABLE SALES TAXES) THAT YOU PAID WHEN YOU BOUGHT YOUR PRODUCT AND ACCESSORIES ARE NOT REFUNDABLE, AND WILL BE DEDUCTED FROM YOUR REFUND.

B. Contact Gateway Client Relations with your Client ID number, system serial number, and order number. We will provide you with a Returns Merchandise Authorization ("RMA") number, authorize the return of your Product and/or Accessories, and provide other instructions and requirements. YOUR REFUND MAY BE DELAYED IF YOU DO NOT FOLLOW THE PROCEDURES SET OUT IN THIS SECTION OR OTHER INSTRUCTIONS PROVIDED BY GATEWAY.

C. Ship the Product and/or Accessories to the address advised by Gateway. Write the RMA number in large, clear characters on the outside of each box you ship. A copy of your invoice establishing proof of purchase must accompany the returned Product. You must return all disks, cables, and manuals supplied with the Product and Accessories. YOU ARE RESPONSIBLE FOR THE PRODUCT AND ACCESSORIES UNTIL GATEWAY RECEIVES THEM, AND YOU ARE RESPONSIBLE FOR ALL SHIPPING, HANDLING, AND INSURANCE CHARGES. ANY OF THESE CHARGES PAID BY GATEWAY WILL BE DEDUCTED FROM YOUR REFUND.

D. The returned Product and Accessories must be in the same condition as you received them. All software must be returned with the Product and Accessories to obtain a refund for the Product and Accessories.

E. If you are expecting a refund, please allow a reasonable period of time for the Product and/or Accessories to arrive at Gateway. Gateway will inspect the Product and/or Accessories and, after they are accepted, process your refund. Gateway will notify you if your Product and/or Accessories are not accepted.

F. Clients returning the Product from outside the Core Market Countries must include a shipping invoice stating that the goods have no dutiable value and are being returned for refund only.

G. When the Product is returned in accordance with these terms and conditions, we will process your refund. Refunds for purchases made with a credit card will be paid by issuing a credit on your card. Refunds for any other type of purchase will be made by a Gateway company cheque.

H. THE LIMITED MONEY BACK GUARANTEE IS NOT A WARRANTY. GATEWAY MAY CHANGE OR CANCEL IT AT ANY TIME BEFORE ACCEPTING YOUR ORDER.

10. PRICES; TAXES. The price of the Product is stated on the purchase receipt or invoice for the Product. Prices and configurations are subject to change without notice or obligation prior to Gateway's acceptance of your order. Unless expressly indicated otherwise, the prices stated include shipping and handling charges and goods and services taxes but do not include any other existing or future taxes, tariffs, fees, duties, or levies applicable to the sale of the Product. If any such additional amounts (but excluding taxes on Gateway’s income) are required to be withheld, collected or paid, then Gateway will be entitled to add them to the price payable by you. Unless expressly indicated otherwise, prices also do not include shipping costs, insurance or other expenses that are expressed to be your responsibility under this Agreement.

12. INTEREST. If you do not pay amounts owed on a timely basis, Gateway reserves the right to charge you interest on overdue amounts at such rates as Gateway may fix from time to time, in accordance with applicable law.

13. SHIPMENT. Unless expressly agreed otherwise, Gateway will ship the Product and Accessories pursuant to the following terms:

1. Gateway will use its preferred carrier who will deliver the Product to the address you designate;
2. Shipping charges will be specified on the purchase receipt or invoice for the Product;
3. Gateway will arrange insurance and bear the risk of loss of the Product during shipment; and
4. Gateway will use reasonable efforts to ship the Product within forty-five (45) days of the later of Gateway’s acceptance of your order or your compliance with payment arrangements under Section 11 above, unless otherwise agreed. All ship dates are approximate and Gateway will not be liable to you for failure to ship within the specified time period. Gateway will use reasonable efforts to have the Product arrive at the address you designate on an agreed date, although Gateway will not be liable to you if this does not occur.

If you elect to use a carrier of your choice, then Gateway will notify you (or your carrier) of the date when the Product will be available for collection at Gateway’s factory or warehouse, and you will have fourteen (14) days from such date to take possession and custody of the Product. In such case, you will be solely responsible for securing and paying for shipping and insurance and for the risk of loss after Gateway has delivered the Product to you or your carrier.

15. TRADEMARKS. Gateway and/or its affiliates are the sole and exclusive owners of the names "Gateway, Inc.", "Gateway New Zealand Limited" and "Gateway Pty Ltd," any abbreviations thereof and any and all of Gateway and/or its affiliates’ trademarks and trade names, trade logos and trade dress appearing on, affixed to or described in the Product (collectively, the "Trademarks"). You acquire no rights to the Trademarks under this Agreement.

16. SOFTWARE. You acknowledge that the Product may include Gateway or third party software products (the "Programs"). You agree to comply with the terms and conditions of any applicable end-user license agreements, and in all cases where Programs have been pre-loaded on the Product, you agree that by turning the system on you have accepted the terms and conditions of the end-user license agreements.

17. CUSTOM ENGINEERED SOFTWARE AND HARDWARE. Many Product components, both hardware and software, are custom engineered and accordingly may vary in terms of functionality, performance, or compatibility from retail versions.

18. COMPLIANCE WITH LAW. You agree to comply with applicable export laws and regulations if you export or re-export the Product outside the country to which it is shipped. Gateway will provide information on these laws upon request.

19. FORCE MAJEURE. Gateway will not be responsible for any failure to perform due to causes beyond its control, including, without limitation, fires, floods, earthquakes, explosions, accidents, acts of public enemy, wars, rebellions, insurrections, sabotage, epidemics, quarantine restrictions, labour disputes, labour shortages, transportation embargoes or failures or delays in transportation, inability to secure raw materials or machinery for the manufacture of its products, acts of God, acts of any government or any agency thereof (including denials or onerous restrictions on required export licenses), and judicial actions.

21. DISPUTE RESOLUTION. Any dispute or controversy arising out of or in connection with the subject matter of or relating to this Agreement or its interpretation will be settled exclusively and finally (a) by arbitration if your Product is shipped to Australia, or (b) by the courts of New Zealand if your Product is shipped to New Zealand. Arbitration will be conducted in accordance with the Institute of Arbitrators and Mediators Australia Rules for the Conduct of Commercial Arbitration. The arbitration will be conducted before a sole arbitrator experienced in the computer industry. The arbitration shall be private and confidential and an award rendered in any such arbitration proceeding will be final and binding on each of the parties, and judgement may be entered thereon in a court of competent jurisdiction.

22. GENERAL PROVISIONS. You may not assign this Agreement without the prior written consent of Gateway. If any provision of this Agreement is declared void, invalid, or illegal, the validity or legality of any other provisions and of the entire Agreement will not be affected thereby. The parties will negotiate in good faith to replace any such invalid or illegal provision with a valid and legal substitute provision that is as similar to the original as possible. No modification of this Agreement will be binding upon you or Gateway, unless such modification is in writing and signed by a duly authorized representative of both parties.

23. RELATIONSHIP OF THE PARTIES. The relationship between Gateway and you under this Agreement is that of seller and buyer. Nothing contained herein will be deemed to create the relationship between the parties of employer and employee, franchiser and franchisee, principal and agent, partner or joint venturer. Accordingly, you will not have any right or authority to create any obligation of any kind, express or implied, in the name of or on the account of Gateway or to hold yourself out as a Gateway distributor or reseller.

Please fill in the following information for future reference should you need to contact Gateway. If you bought your Product from a Reseller, please fax the following information to Gateway at 1300 300 388 (for Australia) 0800 156 220 (for New Zealand). You may be required to provide a copy of your invoice from the Reseller.

Alternatively, you can register on-line at the following addresses: