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TECH PRO NOW Limitations of Liability and Additional Information |
Limitations of Liability
1) Customer (“you”) assume all risk of loss of data from any and
all causes or in any way related to or resulting from the sales,
repair or service of products by Tech Pro Now (“us” or “we”).
You release us from any claim or liability related to any loss of data
for any reason whatsoever, including due to our negligence. You agree that you
are fully responsible for backing up all existing
data before service, and we will have no liability for any reason whatsoever
if you do not do so. If you ask us to back up your
data, we will do so subject to the limits of the backup software and the integrity
of your data. If our backup does not work, our
maximum liability is a refund of the back up service fee.
2) Tech Pro Now will not be responsible for items left over 30 days from the
date of service completion or our reasonable attempt to
notify you.
3) Unless you pay for priority service, service requests are performed on a
first-come, first-serve basis.
4) Most manufacturer’s warranties and extended service or technology assurance
plans only cover hardware related repairs. Be
sure you understand the terms and conditions of any warranties on your product(s)
and the limitations of those warranties.
The following are the terms and conditions pursuant to which Tech Pro Now (“us”
or “we”) shall provide Customer (“you”) with
services.
I. Services
1.1 You retain us to perform, or cause to be performed, services for you as
described on the other side of this agreement
(“Services”). We may decline to perform any services requested by
you that may be in violation of any applicable law or other
obligation or that are not typically associated with our standard Services.
II. Your Obligations
2.1 You agree to provide our personnel access to all equipment, data, disks
or other needed materials for service, and to notify
us of (1) any potential safety or health hazards that may exist at your location
or with your equipment and (2) any safety procedures to
be followed while at your location.
2.2 YOU ARE SOLELY RESPONSIBLE FOR ANY DATA OR INFORMATION STORED IN, OR ON,
ANY
EQUIPMENT AND SHALL BE SOLELY RESPONSIBLE FOR MAKING “BACK-UP” OR
SECURITY COPIES OF SUCH
DATA OR INFORMATION.
III. Term of Termination
3.1 The term of this agreement will extend from the date listed on the front
of this agreement to the completion of the service
requested, unless terminated sooner. We can terminate this agreement, with or
without cause, upon notice to you. If we terminate this
agreement, we will give you a pro-rata refund based on services performed up
to the date of termination. We will not be in default of
this agreement or be liable for any delay, failure in performance, or interruption
of service resulting from any cause beyond our
control.
IV. Limitations and Warranty
4.1 With respect to any equipment, part, or component covered by a manufacturer’s
warranty, Tech Pro Now shall perform repair
services pursuant to such warranty when authorized to act as an authorized service
agent for such manufacturer in making warranty
repairs. Otherwise, warranty questions or problems with respect to any equipment,
parts or components must be addressed directly to
the manufacturer by Customer. Customer must show proof of purchase to qualify
for warranty services. Replaced parts become
property of Tech Pro Now or the respective manufacturer if exchange is required.
4.2 Unless otherwise stated, all materials, supplies, parts, and other products
supplied under this agreement are provided on an
“AS IS” basis. EXCEPT WHERE PROHIBITED BY LAW, Tech Pro Now DISCLAIMS
ALL WARANTIES, EXPRESS OR
IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR
A PARTICULAR
PURPOSE WITH RESPECT TO ANY SERVICES, PARTS, COMPONENTS, OR PRODUCTS DELIVERED
OR RENDERED
HEREUNDER.
4.3 LIMITATION OF LIABILITY. Tech Pro Now’s entire liability, and your
exclusive remedy, for damages from any cause
whatsoever, whether caused by any act, omission, or negligence of Tech Pro Now,
or any employee, representative, agent, or contractor
of Tech Pro Now, and regardless of the form of action, shall be limited to amounts
actually paid by You for services hereunder. The
foregoing limit does not apply to damages to tangible personal property or bodily
injury legally caused by Tech Pro Now. In no event
will Tech Pro Now be liable for damages caused by your acts, omissions or negligence,
or for special, incidental, indirect, punitive, or
consequential damages, lost profits, loss of use of Equipment, loss of stored
memory or data, cost of substitute equipment, or other
incidental or related costs even if Tech Pro Now has been advised of the possibility
of such damages or costs, or for any claim against you
by any third party. The foregoing limitation shall apply notwithstanding any
failure of essential purpose of any limited remedy
provided herein.
The warranty period will be extended for the number of whole days that the
product has been out of the buyer's hands for warranty
repairs. If a defect exists within the warranty period, the warranty will not
expire until the defect has been fixed. The warranty period
will also be extended if the warranty repairs have not been performed due to
delays caused by circumstances beyond the control of the
buyer, or if the warranty repairs did not remedy the defect and the buyer notifies
the manufacturer or seller of the failure of the repairs
within 60 days after they were completed. If, after a reasonable number of attempts,
the defect has not been fixed, the buyer may
return this product for a replacement or a refund subject, in either case, to
deduction of a reasonable charge for usage. This time
extension does not affect the protections or remedies the buyer has under other
laws.” This paragraph does not apply to service plans,
such as the Technology Assurance Program.
VI. Entire Agreement
6.1 This agreement, including attachment(s) hereto, constitutes the entire agreement
of the parties regarding the subject matter
hereof, and supersedes all prior agreements and understandings, both written
and oral, among the parties, or any of them, with respect
to the subject matter hereof.
6.2 This agreement may not be added to, modified, superseded, or otherwise altered,
except by a written instrument signed by
an authorized representative or officer of each party. Tech Pro Now’s
representatives (including management personnel, employees, and
agents) have no authority to waive or amend this agreement, or any part of it,
and no authority to make promises, representations, or
agreements that impose duties or obligations on Tech Pro Now unless in writing.
6.3 If any provision of this agreement is held to be illegal, invalid or unenforceable,
such provision will be fully severable and
this agreement will be construed an enforced as if such illegal, invalid, or
unenforceable provision had never comprised a part hereof,
and the remaining provisions hereof will remain in full force and effect and
will not be affected by the illegal, invalid, or
unenforceable provision or by its severance.
6.4 If Tech Pro Now is providing services under a service plan you purchased,
the terms and conditions of the service plan govern
this service in the event of a conflict between these terms and conditions and
the terms and conditions in the service plan.
CLIENT:
PRINT NAME : _______________________________ DATE:________________
SIGNATURE : _______________________________
DATE:________________
SR# ________________