ECR Computers, Inc. Standard Limited Warranty for Desktop Computer Systems (Warranty)

THIS WARRANTY IS FOR THE ORIGINAL CUSTOMER AND IS NOT TRANSFERABLE.

ECR Computers, Inc. (herein known as ECR), warrants to the customer that the hardware system (not including software) will be free from defects in material and/or workmanship for the period of one (1) year from the date of invoice. This excludes but is not limited to external components such as printers, scanners, monitors, uninterruptible power supplies, and other non-core components; said components are covered by original manufacturer. During the warranty period, ECR will correct any defects in material or workmanship, or any failure of the hardware system to conform to written specifications. Warranty repairs will be performed at the customer facility or at a designated ECR Service Center, as applicable. Any replacement parts/products shall be new, and are warranted for the remainder of the original warranty. This warranty period is not extended as a result of purchasing any additional parts/products from ECR or upgrading an ECR product. The customer must promptly notify ECR if there is a defect in material or workmanship. ECR must receive notice of all events before expiration of the warranty period.

Terms of Warranty

The Warranty period is one year, unless otherwise arranged, starting from the date of invoice. The Warranty includes any necessary On-site Labor, at the sole discretion of ECR This system warranty includes the PC, speakers, keyboard and mouse. Other external peripherals such as monitors, printers, scanners, and UPS are covered for 30 days. After 30 days, said parts are covered under manufacturer warranty only. If a defective part is one that is easily disconnected and reconnected (speakers, monitor, keyboard and mouse), the part may be given to the customer and the customer will be responsible for installation.

Any claims under the Warranty must be made before the end of the applicable warranty period. During such period, ECR will, at its option, repair or replace any part covered by the Warranty, which is determined by ECR to be defective in materials or workmanship; or provide a fair and suitable compensation.

Under no circumstances will ECR be held liable for loss of, or damage to, data, or special, incidental, or indirect damages resulting from data loss.

ECR does not provide warranty or technical support for third-party products. Third-party software, peripheral and accessory products are supported by the warranties provided by the original manufacturer or publisher only.

ECR reserves the right to substitute functionally equivalent new parts. ECR?s responsibility is limited to repair, replacement, credit, or refund, any of which may be selected by ECR at its sole discretion.

The Warranty covers only hardware defects arising under normal use and do not include malfunctions or failures resulting from misuse, abuse, neglect, alteration, problems with electrical power, usage not in accordance with production instructions, use of incompatible devices or accessories, improper or insufficient ventilation, acts of nature or improper installation, repairs necessitated by software problems or repairs or modifications made by anyone other than ECR.

Repairs and parts replacements due to software configuration and compatibility issues or hardware issues resulting from conditions other than normal use as defined above are billed per occurrence plus applicable parts cost charges at the standard rate at the time of the incidence. These fees must be paid prior to the return of the repaired unit.

Preventive maintenance, installation, de-installation or relocation services and operating supplies are not included.

Warranty Limitations

ECR makes no warranty whatsoever with respect to software included in any products sold by ECR, and all software is sold as is and with any manufacturer faults.

The Warranty does not cover any loss, damages, malfunction or loss of functionality caused by failures or security breaches in the Operating System software. The Warranty does not cover against loss, damages, or removal of spyware, malware, virus, worm, browser hijacker or any other malicious software or security breach attempt.

EXCEPT AS SET FORTH HEREIN, ECR MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND ECR DISCLAIMS ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND CONFORMITY TO MODELS OR SAMPLES.

The warranties set forth herein provide the customer specific legal rights. The customer may have other rights, which vary from state to state. In no event shall ECR be liable for any indirect, special, incidental or consequential damages. No variation or exception in the terms stated herein can be made without the written authorization of ECR.

This limited warranty applies only in the continental United States of America, Alaska, Hawaii, and the District of Columbia.

GOVERNING LAW: This warranty will be governed by and construed in accordance with the laws of the State of Ohio.

A refund as used below shall include the price paid by the customer less shipping and handling costs paid by ECR, and do not include shipping costs and insurance paid by the customer.

Return Policy

For customers that purchased products directly from ECR, customer may return defective or malfunctioning products to ECR up to 3 days from the date of invoice for full refund, minus a fifteen percent restocking fee. This refund will not include any shipping or handling charges. If the products were purchased from ECR under a written agreement or contract with ECR there may be different terms for the return of products under said policy. To return products, call the ECR Service Department (1-877-392-9246) or bring the materials subject to the return to our offices. Products must be returned to ECR in their original packaging (or comparable packaging). Returned products must be in "as new" condition, and must be returned with all of the manuals, diskette(s), CD(s), power cables, and other items originally included.

Miscellaneous

In the event that any portion of this Warranty is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect. ECR?s failure to insist upon or enforce strict performance of any provisions of this Warranty shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Warranty.