This Limited Warranty contains the sole express warranty made by PCSurgeons, LLC (“Company”) in connection with new desktop and notebook computer systems sold by Company (“Product”). BY PURCHASING OR ACCEPTING THE PRODUCT, THE BUYER ACKNOWLEDGES THAT THE LIMITATION OF LIABILITY IS PART OF THE TERMS OF SALE, CONSTITUTES A BINDING AGREEMENT, AND MAY BE ENFORCED AGAINST YOU BY COMPANY. Any warranties, if separately provided in writing, are extended only to the Buyer whose name is shown on Company’s invoice and/or contract. All products are covered by manufacturer’s warranty, if applicable, and Company shall not be responsible for any such warranty services or claims, except as set forth herein. Company shall not be obligated to provide any warranty service or obligations unless Buyer has paid its purchases in full under this or any other Company invoice.
Warranty Coverage - Company warrants to the original purchaser that the Product(s) shall be free of any defect in material or workmanship for a period of one year for labor and one year for parts from the date of the original invoice from Company. Company shall have the sole discretion in determining whether Product is covered under the warranty for labor and/or warranty for parts. Should the Product(s) supplied by Company prove defective by reason of improper workmanship or material as reasonably determined by Company, Company agrees, at its option, to either repair or replace the Product free of charge, excluding any shipping or handling charges. Company shall not be responsible for any software or data installed on the Product originally supplied by Company. This warranty does not cover software, external devices, accessories or other parts added to a Company system after the system is picked up from Company, or accessories or parts that are not installed by the Company. Monitors, keyboards, and mice that are included on Company’s standard price list are covered under this warranty; all other monitors, keyboards, and mice are not covered. Any part that is repaired or replaced under this warranty will, itself, be warranted only for the remainder of the warranty period of the original product being repaired or replaced.
Disclaimer of Warranties - Except as set forth herein, Company disclaims all warranties including implied warranties to the extent permitted by law (to the extent they may not be disclaimed, Company limits the duration of such implied warranties to the duration of this Limited Warranty); Company disclaims any and all warranties and representations other than those explicitly specified in this contract; any warranties, if separately provided in writing, are extended only to the Buyer whose name is shown on this invoice/contract. Warranties do not cover product damaged by external causes, including accident, abuse, misuse, improper installation, problems with electrical power, acts of third parties, Products that are altered or repaired by anyone not authorized by Company, usage not in accordance with instructions accompanying the Product(s), or failure to perform required preventive maintenance, including but not limited to backups, problems caused by use of software, parts and components not supplied by Company, weather conditions, lightning, fire, water, or any acts of nature or God; Company shall not be obligated to provide any warranty service or obligations unless customer has paid its invoices in full under this or any other Company invoice.
To Request Warranty - You must bring in the product within the applicable warranty period. Should your warranty be approved and verified, Company will repair or replace the product at it’s own discretion.
Return & Refund Policy - No return of merchandise will be accepted without first securing approval provided by Company. Buyer must submit evidence of purchase date, Company invoice number, description of goods including serial and model numbers, and reason for return, exchange, or refund. At its sole discretion, Company may accept or deny Buyer’s claim for return, exchange, or damages. If accepted and if the goods have not been used and are in a resalable condition, Company shall provide a refund within 3 days on new notebook and desktop computer systems; any returns will be subject to a fifteen percent (15%) restocking fee. No refund, credit, or exchange is allowed after 14 days from the date of the invoice on all part purchases. Any special ordered products are not returnable or refundable. A special ordered product consists of any product not held in stock by Company. Opened software, promotional items, game vouchers, services, and care options are not eligible for refund and may not be returned. (Software that contains a printed software license may not be returned if the seal or sticker on the software media packaging is broken, downloaded, and/or activated.) All products returned must include all original packaging, materials, manuals, and copy of invoice. All products returned must be delivered to Company in an undamaged condition. Company may refuse or reject returned merchandise for failure to follow the conditions set forth herein.
Repair of Your Product - Company owns all parts removed from repaired products. Company uses new and reconditioned parts made by various manufacturers in performing warranty repairs and building replacement products. If Company repairs or replaces a product, the warranty term is not extended. Company will not reimburse Buyer for any repairs or replacements by anyone other than Company or anyone not authorized by Company.
Limitation of Liability - BUYER’S SOLE AND EXCLUSIVE REMEDY AND COMPANY’S SOLE LIABILITY FOR LOSS OR DAMAGE ARISING FROM PURCHASE OR USE OF THE PRODUCT SHALL BE LIMITED TO REPAIR OR REPLACEMENT OF THE PRODUCT AT COMPANY’S SOLE DISCRETION.
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY LOSS OF USE, REVENUES, OR ANTICIPATORY PROFIT, OR FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR CONNECTED WITH THE SALE, USE, OPERATION, OR INABILITY TO USE OF PRODUCTS PURCHASED FROM COMPANY TO THE EXTENT PERMITTED BY LAW, COMPANY MAKES NO OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED TO THE EXTENT PERMITTED BY LAW (TO THE EXTENT THEY MAY NOT BE DISCLAIMED, COMPANY LIMITS THE DURATION OF SUCH IMPLIED WARRANTIES TO THE DURATION OF THIS LIMITED WARRANTY). IN NO EVENT SHALL COMPANY’S LIABILITY EXCEED THE AMOUNT OF THE PARTICULAR DEFECTIVE PRODUCT PAID BY THE PURCHASER. THIS LIMITATION OF LIABILITY SHALL BE APPLICABLE TO ANY CLAIM PRESENTED, WHETHER THE LEGAL THEORY FORMING THE BASIS OF SUCH CLAIM INVOLVES CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, REGULATION, CONSUMER PROTECTION LAWS OR OTHERWISE.
Governing Law - This contract shall be governed and construed in accordance with the laws of the state of Ohio. Buyer agrees that competent courts in Portage County, Ohio shall have the exclusive jurisdiction over any legal action with respect to this contract. In the event of any dispute related to this contract, the prevailing party shall be entitled to reasonable attorneys’ fee and costs.