Service Terms and Conditions:
This service is billed on at hourly rate listed above minimum one (1) hour, during the checkout process you will only be billed for the first hour, each hour there after will be billed at time of completion.
ADDITIONAL PROVISIONS & DISCLAIMER OF WARRANTIES
There are no warranties which extend beyond the description on the face hereof. Holland Computers Inc. (hereinafter Holland) makes no warranties expressed or implied on any of the equipment or other goods (including any manuals, instructions, drawings or specifications related hereto, except A)
DISCLAIMER OF WARRANTIES
With respect to parts, materials and equipment, the manufacturer’s warranty, if any; or with respect to used or re-manufactured parties, materials and equipment, ninety (90) days after sale, and with respect to labor, thirty (30) days after the date such labor was performed, and this agreement specifically excludes and disclaims all warranties, express or implied concerning merchantability or fitness for any particular use or purpose. All parts, materials and/or equipment are sold as is. Holland will make reasonable efforts to assist customer with regard to all warranties, if any, provided for customer benefit by the original supplier or manufacturer with respect to parts, materials and/or equipment sold pursuant to this order. All system and component warranties do not include or cover any system or network Virus damage, infection from viruses or system or network software conflicts. Holland Computers, Inc. is not responsible for any system or server data recovery needed due to hardware failure and/or software problems.
TAXES
The price set forth on the front page hereof includes sales taxes payable to the State of Ohio. The price does not include any other taxes, federal, state or local, which may be payable, including, without limitation, local property, license, privilege, use, excise, gross receipts which may not or hereinafter be applicable to, measured by, or imposed upon Customer with respect to the transactions contemplated by this Agreement, the parts materials and/or equipment sold pursuant to this Agreement, or any services performed in connection therewith. Customer agrees to pay all such taxes, if any, and to indemnify and hold harmless Holland from any and all such taxes and any interest, penalty, or other expense related to any such tax.
TERMINATION
Any order or contract may be terminated by the Customer only upon payment of a cancellation fee in an amount equal to expenses already incurred and commitments made by Holland including, without limitation, labor costs and the costs incurred for the purchase of any parts, materials and/or equipment, administrative costs, engineering costs and all other related costs, any attorney’s fees incurred in collecting said costs
SECURITY FOR PAYMENT
To secure the payment of any and all amounts due Holland (including amounts due for labor), Holland retains and the Customer grants to Holland a security interest in the parts, materials and/or equipment under the Uniform Commercial Code in the parts, materials and/or equipment purchased hereunder, and Customer agrees to execute and deliver to Holland such security agreement and financing statements as Holland may reasonably request if the Customer fails to make payment in accordance with the terms hereof.
JURISDICTION/INDEMNIFICATION
If the Customer fails to make payment in accordance with the stated terms, Holland may declare all obligations of the Customer to Holland immediately due and payable and proceed to enforce payment and exercise any and all of the rights and remedies provided by the Uniform Commercial Code. The Customer shall pay all expenses incurred in the collection of the amounts due Holland, including attorney’s fees. Customer agrees that any dispute or claim arising out of this Agreement shall be enforced by lawsuit in Lorain County, Ohio only. Customer shall indemnify and hold Holland harmless from all expenses (including reasonable attorneys’ fees), claims, demands, suits, judgments, actions, costs and liabilities (including those alleging negligence on the part of Holland) which arise from, relate to or are connected with the Customer’s negligent possession, use, operation and/or resale of the parts, materials and/or equipment described herein.
EXCLUSIVE REMEDY/LIMITATION OF LIABILITY
CUSTOMER’S SOLE AND EXCLUSIVE REMEDY IN CONNECTION WITH ANY CLAIM, ARBITRATION, LAWSUIT OR OTHER CAUSE OF ACTION WHATSOEVER DIRECTLY OR INDIRECTLY RELATING TO OR ARISING OUT OF THIS AGREEMENT, OR ANY SERVICES RENDERED BY HOLLAND IN CONNECTION THERE-WITH, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, SHALL BE REPAIR OR REPLACEMENT OF THE DEFECTIVE PART, MATERIAL AND/OR EQUIPMENT WITH CONFORMING PARTS, MATERIALS AND/OR EQUIPMENT. HOLLAND SHALL NOT IN ANY EVENT BE LIABLE FOR PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE. ANY LAWSUIT OR ARBITRATION BASED ON OR RELATED TO THIS AGREEMENT OR THE PARTS, MATERIALS, EQUIPMENT AND LABOR SOLD OR RENDERED BY HOLLAND MUST BE COMMENCED WITHIN ONE (1) YEAR AFER DELIVERY TO THE CUSTOMER OF THE GOODS OR EQUIPMENT OR SUCH LAWSUIT SHALL BE FOREVER BARRED. CUSTOMER SHALL NOT BE ENTITLED TO EITHER REMEDY UNLESS HOLLAND HAS RECEIVED WRITTEN NOTICE OF THE CUSTOMER’S CLAIM WITHIN NINETY (90) DAYS AFTER THE DELIVERY OF THE EQUIPMENT OR OTHER GOODS TO THE CUSTOMER.
AUTHORITY TO SIGN AGREEMENT
The individual executing this Agreement on behalf of Customer warrants and represents to Holland that he or she has full authority to execute this Agreement on behalf of Customer, and that this Agreement constitutes a legal, valid and binding agreement and obligation of Customer in accordance with its terms. In the event Holland is advised or notified that the individual executing this Agreement does not have said authority on behalf of Customer, or in the event customer fails to pay, then the individual executing this Agreement shall be personally liable under the terms hereof, including, without limitation, any and all sums due Holland.
LATE CHARGE; RETURNED CHECKS
Customer agrees to pay, in addition to the sums otherwise due Holland pursuant to this Agreement, a late charge of (2%) per month on any balance due and not paid within thirty (30) days of the due date thereof. In the event Customer pays by check, and any such check is returned to Holland whether by reason of insufficient funds, stop payment or otherwise, Customer agrees to pay Holland the sum of $35.00 for each such returned check in addition to any other costs incurred by Holland with respect to any such returned check.
MISCELLANEOUS PROVISIONS
Customer understands that Customer is responsible for data back-up to tape or other media prior to service by Holland. Holland excepts no responsibility for loss of customer data, records, files or other data caused by installation, integration or use of the goods or equipment sold herein. Customer understands and agrees that all data will be backed up by tape or other media in an attempt to prevent losses of this nature. Product returns will only be accepted by Holland if made within seven (7) days of purchase and is accompanied by all original packaging, documentation, and the original purchase receipt. This Agreement shall be construed and interpreted under, and governed and enforced according to, the laws of the State of Ohio applicable to contracts wholly performed within the State of Ohio. The parties acknowledge and warrant that this Agreement is the complete agreement between them and that no promises, representations or warranties other than those contained herein have been made or relied upon unless by written agreement signed by all of the parties hereto. In the event that any provision of this Agreement or the application thereof to any person or in any circumstances shall be determined to be invalid, unlawful or unenforceable to any extent, the remainder of this Agreement, and the application of such provision to persons or circumstances other than those as to which it is determined to be invalid, unlawful or unenforceable, shall not be affected thereby, and each remaining provision of this Agreement shall continue to be valid and may be enforced to the fullest extent permitted by law. Any equipment left in shop for a period over 90 days will be sold for the cost of the repairs and/or disposed of without notice.
PERFORMANCE OF DELAY
Holland shall not be liable for failure to perform or for delay in performance due to fire, flood, strike, inability to obtain necessary labor, materials or due to any other beyond its reasonable control.
MANUALS, DRAWINGS AND SPECIFICATIONS
All manuals, instructions, drawings, software or specifications related to the equipment and goods described in this order and the information contained therein contain proprietary information a may not be reproduced, transferred or distributed or used in any manner unrelated to the equipment or other goods sold pursuant to this order by Customer without the prior consent of Holland.
