The following terms are agreed upon by Customer upon turning computer or back up systems over to the care of Survival PC, Inc.:
SURVIVAL PC, INC. will not be liable for any loss of data as a result of analyzing or testing the hardware prior to servicing the hardware. SURVIVAL PC, INC. shall not be liable to customer for any losses to data, software systems, files, folders, directories, operating systems or hardware as a result of acts of God, electrical surge, spike, strike, brownout, blackout or related electrical activity or inactivity.
“Services” do not include any of the following: Electrical external to the hardware, maintenance of accessories, attachments or other devices not furnished by SURVIVAL PC, INC., services necessitated by supply items or software not furnished by SURVIVAL PC, INC. service connected with relocation of the hardware, service that is unsafe or impractical for SURVIVAL PC, INC. to render.
Customer agrees that any equipment left at SURVIAL PC, INC. for repair is done so solely at the risk of customer. SURVIVAL PC, INC. premises are protected by alarm and will make diligent effort to safe guard equipment but in no way accept responsibility for it.
Customer agrees that the sole remedies for breach of any warranty contained in this agreement and the sole remedies for SURVIVAL PC, INC. liability of any kind with respect to the services provided pursuant to this agreement shall be limited to the remedies provide in this agreement. Customer agrees that in no event shall SURVIVAL PC, INC. liability to Customer for damages of any nature exceed the total charges paid or payable. For either (a) the total charges paid or payable to SURVIVAL PC, INC. under this agreement or (b) the purchase price of goods or products provided by SURVIVAL PC, INC.
Customer hereby grants SURVIVAL PC, INC. a security interest in a possessory lien in the Hardware to secure the full payment of invoices due SURVIVAL PC, INC. Customer agrees that upon SURVIVAL PC, INC. request, it will execute the deliver to SURVIVAL PC, INC. a financing statement and other documents evidencing this security interest, which is satisfactory with filing with the appropriate authorities.
Customer agrees that SURVIVAL PC, INC. shall not be liable for any special, incidental, indirect, or consequential damages or for the loss of profit, revenue, or data arising out of the subject matter of this agreement, even if SURVIVAL PC, INC. shall have been advised of the possibility of such potential loss or damage.
If any legal action is necessary to enforce the terms of this agreement, the prevailing party shall be entitled to reasonable attorney fees in addition to any other relief.