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.
