Service Terms
TERMS OF SALE AND/OR SERVICE. The terms and conditions of sale and/or service contained herein (hereinafter the “terms and conditions”) are the sole terms and conditions governing this sale and/or service. Any other terms and conditions that may be specified by Buyer in Buyer’s purchase order or otherwise (whether in conflict with, in addition to or in modification of these terms and conditions) shall not apply. PROCOMPUTING CORPORATION’s (hereinafter “PCC”) failure to object to any term or condition contained in any communication, whether written or oral, from Buyer shall not be deemed an acceptance of such term or condition or waiver of any of the provisions of these terms and conditions.

DISCLAIMER OF ALL WARRANTIES. PCC is not the developer or manufacturer of any of the Products. Accordingly, PCC cannot be responsible for the quality or performance of any of the Products. PCC GRANTS NO WARRANTIES WHATSOEVER EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE PRODUCTS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, BUYER AGREES THAT PCC SHALL HAVE NO LIABILITY WHATSOEVER FOR ALLEGED DEFECTS OR SHORTCOMINGS IN ANY OF THE PRODUCTS, INCLUDING BUT NOT LIMITED TO LIABILITY ARISING OUT OF CONTRACT, NEGLIGENCE, UNINTENTIONAL MISREPRESENTATION, STRICT LIABILITY IN TORT, WARRANTY OF ANY KIND, OR PATENT, COPYRIGHT OR TRADE SECRET INFRINGEMENT. Defective merchandise shall be replaced or a refund made in accordance with PCC’s return policy as stated herein or as provided for in the manufacturer’s warranty.

LIMITATION OF LIABILITY. (a) PCC shall not be liable under any circumstances for lost profits or for consequential, indirect, special or incidental damages of any kind, even if PCC has been advised of the possibility of such damages. (b) In any event PCC’s maximum liability, if any, for damages arising out of or in connection with the transaction that is the subject of this agreement (whether such liability would arise under this agreement or otherwise) shall not under any circumstances exceed the price of the specific product(s) involved. (c) Buyer shall, at its cost and expense, defend, indemnify and hold PCC harmless from and against any claims by any other party arising out of or in connection with the products of their use, installation or maintenance, or otherwise arising out of PCC’s performance of this agreement.

EQUIPMENT. PCC is only responsible for the items of equipment and/or software that are listed and signed for in the equipment section of the service order.

OUTSIDE REPAIRS. PCC reserves the right to send parts or whole units to the manufacturer or to a third party repair facility for repair or replacement at its option.

ABANDONED EQUIPMENT. After a customer has been notified in writing that the equipment is ready, the customer has 31 days to pick up the equipment. If the equipment has not been picked up within 31 days PCC reserves the right to sell the equipment to cover the accumulated charges. The customer address on the face hereof shall be a valid address for such notice unless customer advises an alternate address in writing.

LOSS OF DATA/RECOVERY OF DATA. Under no circumstances will PCC be in any way liable for the loss of any customer data on any type of storage media including but not limited to floppy disks, hard disks or tape. As a service to the customer, the service department of PCC will make best effort to recover data using standard data recovery procedures.