Repair and Warranty
Limitation of Liability
EXCEPT AS EXPRESSLY PROVIDED HEREIN, PROSOFT MAKES NO WARRANT OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO ANY EQUIPMENT, PARTS OR SERVICES PROVIDED PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER PROSOFT OR ITS DEALER SHALL BE LIABLE FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), SUCH AS, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS OR BENEFITS RESULTING FROM, OR ARISING OUT OF, OR IN CONNECTION WITH THE USE OR FURNISHING OF EQUIPMENT, PARTS OR SERVICES HEREUNDER OR THE PERFORMANCE, USE OR INABILITY TO USE THE SAME, EVEN IF PROSOFT OR ITS DEALER’S TOTAL LIABILITY EXCEED THE PRICE PAID FOR THE PRODUCT.
Where directed by State Law, some of the above exclusions or limitations may not be applicable in some states. This warranty provides specific legal rights; other rights that vary from state to state may also exist. This warranty shall not be applicable to the extent that any provisions of this warranty is prohibited by any Federal, State or Municipal Law that cannot be preempted.
Hardware Product Warranty Details
Warranty Period: ProSoft warranties hardware product for a period of one (1) year.
Warranty Procedure: Upon return of the hardware Product ProSoft will, at its option, repair or replace Product at no additional charge, freight prepaid, except as set forth below. Repair parts and replacement Product will be furnished on an exchange basis and will be either reconditioned or new. All replaced Product and parts become the property of ProSoft. If ProSoft determines that the Product is not under warranty, it will, at the Customer’s option, repair the Product using current ProSoft standard rates for parts and labor, and return the Product freight collect.
43
