Warranty

  1. Warranty (a) The Contractor warrants the Services will be performed in accordance with industry standards (the “Services Warranty”). The Services Warranty will apply for a period of ninety (90) days from the date that Services are provided. THE SERVICES WARRANTY IS EXCLUSIVE WITH RESPECT TO THE CONTRACTOR AND IN LIEU OF ANY AND ALL OTHER WARRANTIES OF QUALITY OF GOODS OR PERFORMANCE FURNISHED BY THE CONTRACTOR HEREUNDER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS OF THE EQUIPMENT OR SOFTWARE FOR A PARTICULAR PURPOSE, OR COURSE OF DEALING. THE CONTRACTOR DISCLAIMS AND THE CUSTOMER EXPRESSLY WAIVES ANY WARRANTY, WHETHER EXPRESS OR IMPLIED, REGARDING THE SUITABILITY OF PRODUCTS, LICENSE(S), AND EQUIPMENT SUPPLIED WITH RESPECT TO THE CONTRACTOR.

(b)    THE CUSTOMER AGREES TO LOOK SOLELY TO THE APPLICABLE MANUFACTURER OF THE COMPONENTS SOLD, AND NOT TO CONTRACTOR, FOR ANY WARRANTY CLAIM, INCLUDING, BUT NOT LIMITED TO, ANY REPAIR OR REPLACEMENT OF ANY DEFECTIVE HARDWARE COMPONENT.

(c)    Notwithstanding anything to the contrary in this Agreement, the Services Warranty shall be void and of no force or effect with respect to any equipment, parts, products or programs that have been damaged as a result of any accident, force majeure event, relocation of the goods from original installation locations, misuse, neglect, alteration, maintenance by a third party, unauthorized repair of programming errors or otherwise, defects caused directly or indirectly by the Customer, its agents or third party contractors, damage or deteriorated performance of goods caused by electrical surges, lightning, fire, flood, pest damage, actions of third parties (other than the Contractor and its agents) and other events or accidents outside the reasonable control of the Contractor and not arising under normal operating conditions.

 

2. Limitation of Liability.  To the fullest extent permissible under the law, each party’s maximum aggregate liability under this Agreement, including, but not limited to, any breaches, warranty obligations, and indemnity obligations, is limited to the total amount paid by the Customer to the Contractor under this Agreement; provided, however, that no limitation on liability will apply to damages that are caused by either party’s gross negligence or willful misconduct.