The Computer Fixer
Fax: (215) 569-0331
University of Pennsylvania
13 S. 36th at the Sheraton Complex
(Does not accept carry-in repairs)
THE COMPUTER FIXER TERMS & CONDITIONS OF SERVICE
In consideration of the payment charges stated on this contract. The Computer Fixer (CFX) will undertake the repair or other servicing of your equipment on the following basis:
NO RESPONSIBILITY FOR LOSS OF DATA
By shipping or carrying in your equipment (or having it picked up by our agent) you represent that you expressly release CFX, its contractors, agents or suppliers of any liability for loss of data.
CFX Warranty CFX warrants that the services performed and parts supplied will be for a period of 90 days from date of completion, free of defects in workmanship and material. CFX’s sole liability for any non-conforming work shall be to repair, at its option replace the item of defective work at its cost. CFX shall have no liability for any equipment or materials which have been damaged or rendered defective (a) as a result of accident, misuse or abuse; (b) by the use of parts not purchased from CFX, (c) by modification by you or others of the equipment or materials, or (d) as a result of service by anyone other than CFX. CFX does not warrant that any network or software labor will be error free in all operating circumstances or that all errors can or will be corrected. In no event shall CFX be liable for network or software errors or support for either. You are responsible for returning the equipment or materials to CFX at your expense. Verbal or other written statements. The only warranties made by CFX are those expressly enumerated in this provision. No oral or written information or advice given by CFX, its agents or employees shall create a warranty or increase the scope of this warranty and you may not rely on any such information or advice. THE WARRANTIES SET FORTH IN THIS PROVISION ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES. WHETHER STATUTORY, EXPRESS OR IMPLIED INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE. The remedy provided above is your sole and exclusive remedy for any failure of CFX to comply with its obligations. Correction as specified above constitute complete fulfillment of all the liabilities of CFX for defective or nonconforming services, whether your claims are based in contract, in tort (including negligence and strict liability), or otherwise with respect to the work performed.
Note. Some jurisdictions do not allow the exclusion of implied warranties or incidental, special or consequential damages so the above exclusions may not apply to you. The above warranty gives you specific legal rights and you may also have other legal rights which may vary from jurisdiction to jurisdiction.
WAIVER OF CONSEQUENTIAL DAMAGES; LIMATATION OF LIABILITY
Whether due to delay, breach of contract or warranty, tort (including negligence and strict liability) or otherwise, neither CFX nor its contractors, or suppliers of any tier shall be liable for any special, indirect, incidental, or consequential damages of any nature, including, without limitation, your loss of actual or anticipated profits or revenues, loss of opportunity, loss of use or damage to or loss of your property or equipment.
LIMITATION OF LIABILITY
The remedies stated in the contract are exclusive and in no event shall the liability of CFX or its contractors, agents or suppliers of ant tier to you whether in contract, warranty, tort (including negligence or strict liability) or otherwise for the performance or breach of the contract or anything done in connection therewith exceed the price of the services.