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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.
Repair and Warranty