6012 Wilshire Blvd.
Los Angles, CA 90036
Phone: (323)456-0511
Fax: (323)456-0510

1. GENERAL TERMS OF SALE
A. INSPECTION OF PRODUCT UPON RECEIPT. You must examine the Product and Accessories when you receive them. If any item is damaged or missing, you must notify Compu Dynamics within thirty (15) days from the date of delivery.
B. SHIPMENT & TITLE. Compu Dynamics will arrange to ship the Product and Accessories to your address. Title to the Product and Accessories passes to you upon delivery to the carrier and risk of loss passes to you upon delivery. The costs of shipping and handling will be shown on your packing slip, purchase receipt or invoice ("invoice"). Compu Dynamics will inform you of estimated shipment dates, but it will not be responsible for delays in delivery due to events beyond its control, including shortage of materials, labor strikes, transportation failures, or acts of God.
C. PRICE & PAYMENT. Your total price for the Product, Accessories and Services will be stated on your invoice. Prices and configurations advertised are subject to change without notice or obligation prior to acceptance of your order. Prices advertised do not include shipping and handling, or applicable sales taxes, and these will be added to the price you pay. Any existing or new taxes or fees charged by any governmental authority will be added to your invoice.
D. REMANUFACTURED PRODUCTS. Your Product and its components are new or equivalent to new in accordance with industry standards, unless you ordered a remanufactured Product as shown on your invoice. Remanufactured Products are systems that contain components (or entire systems) that have been owned by other clients and returned to Compu Dynamics.
2. LIMITED MONEY BACK GUARANTEE. Compu Dynamics offers a limited money back guarantee for thirty (30) days on new Products and Accessories and five (5) days on remanufactured Products and Accessories. The limited money back guarantee is not available on Products printers, software, Accessories and special order items. TO RECEIVE A REFUND UNDER THE LIMITED MONEY BACK GUARANTEE, YOU MUST NOTIFY COMPU DYNAMICS OF YOUR DESIRE TO RETURN THE PRODUCT AND ACCESSORIES WITHIN THIRTY (30) DAYS OR FIVE (5) DAYS, AS APPLICABLE, FROM THE DATE YOU RECEIVED YOUR PRODUCT. YOU MUST ALSO RETURN THE PRODUCT AND ALL ACCESSORIES TO COMPU DYNAMICS’S DESIGNATED ADDRESS WITHIN SEVEN (7) DAYS AFTER YOU RECEIVE A RETURN MERCHANDISE AUTHORIZATION AND OTHERWISE FOLLOW THE PROCEDURES SET FORTH IN THIS SECTION 2.
A. Compu Dynamisc will refund the original purchase price of the Product, Accessories, unperformed Services and applicable sales taxes. SHIPPING, HANDLING, INSURANCE FEES, AND FEES FOR SERVICES THAT HAVE BEEN PERFORMED (INCLUDING APPLICABLE SALES TAXES) THAT YOU PAID WHEN YOU BOUGHT YOUR PRODUCT AND ACCESSORIES ARE NOT REFUNDABLE, AND WILL BE DEDUCTED FROM YOUR REFUND.
B. Contact Compu Dynamics Client Support with your system serial number, and order number. We will provide you with an RMA number, authorize the return of your Product and/or Accessories, and provide other instructions and requirements. YOUR REFUND MAY BE DELAYED IF YOU DO NOT FOLLOW THE RMA PROCEDURES.
C. Ship the Product and/or Accessories to the appropriate addresses given to you at the time of RMA using the original boxes and packing material. Write the RMA number in large, clear characters on the outside of each box you ship. You must include a copy of your packing slip with the returned Product and Accessories to establish proof of purchase. You must also return all disks, cables, and manuals supplied with the Product and Accessories. YOU ARE RESPONSIBLE FOR THE PRODUCT AND ACCESSORIES UNTIL COMPU DYNAMICS RECEIVES THEM, AND YOU ARE RESPONSIBLE FOR ALL SHIPPING, HANDLING, AND INSURANCE CHARGES. ANY OF THESE CHARGES PAID BY COMPU DYNAMICS WILL BE DEDUCTED FROM YOUR REFUND.
D. The returned Product and Accessories must be in the same condition as you received them. You must return all pre-loaded software with the Product to obtain a refund for the Product, and you may only return pre-loaded software if you choose to return the Product. You may return other software only if the package has not been opened.
E. If you are expecting a refund, please allow a reasonable period of time for the Product and/or Accessories to arrive at Compu Dynamics. Compu Dynamics will inspect the Product and/or Accessories and, after they are accepted, process your refund within seven (7) business days. Compu Dynamics will notify you if your Product and/or Accessories are not accepted.
F. THE LIMITED MONEY BACK GUARANTEE IS NOT A WARRANTY. COMPU DYNAMICS MAY CHANGE OR CANCEL IT AT ANY TIME BEFORE ACCEPTING YOUR ORDER.
To International Clients
The limited money back guarantee for international clients is the same as for clients within the United States. Please call Compu Dynamics Technical Support if you wish to exercise the limited money back guarantee. In all cases, Compu Dynamics will not be responsible for any shipping and handling charges to and from Compu Dynamics, or paying or refunding customs fees, taxes, or VAT that may be due.
3. PRODUCT LIMITED WARRANTY; DISCLAIMER OF WARRANTIES.
A. DISCLAIMER OF WARRANTIES. THIS LIMITED WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE PRODUCT. ANY IMPLIED WARRANTY IS LIMITED IN DURATION TO THE LIMITED WARRANTY PERIOD DESCRIBED IN SECTION 3(B) BELOW. NO ORAL OR WRITTEN INFORMATION (INCLUDING BUT NOT LIMITED TO THE LIMITED MONEY BACK GUARANTEE), OR ADVICE GIVEN BY COMPU DYNAMICS, ITS AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY.
ANY AND ALL LIABILITY OF COMPU DYNAMICS, AND THEIR AFFILIATES UNDER THIS AGREEMENT, INCLUDING ANY FAILURE OF THE PRODUCT TO BE YEAR 2000 COMPLIANT, IS EXPRESSLY LIMITED TO THE PRICE YOU HAVE PAID FOR THE PRODUCT AND ACCESSORIES. YOUR SOLE REMEDY AGAINST THEM IN ANY DISPUTE UNDER THIS AGREEMENT SHALL BE TO SEEK RECOVERY OF THE AMOUNTS YOU HAVE PAID, PURSUANT TO SECTION 9, UPON THE PAYMENT OF WHICH THEY SHALL BE RELEASED FROM AND DISCHARGED OF ALL FURTHER OBLIGATIONS AND LIABILITY TO YOU. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS OR REVENUE, ECONOMIC LOSS, LOSS OF DATA, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, YOUR TIME, THE CLAIMS OF THIRD PARTIES, AND INJURY TO PROPERTY, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, AND EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
B. STATEMENT OF LIMITED WARRANTY. Compu Dynamics warrants to the original end-user that the Product (excluding Accessories) will be free from defects in materials and/or workmanship from the date of shipment for the period of 1 (one) year from date of shipment unless otherwise specifically indicated on your invoice. During the warranty period, Compu Dynamics will, at its option: (1) provide replacement parts necessary to repair the Product, (2) replace the Product with a comparable Product, or (3) refund the amount you have paid for the Product, LESS DEPRECIATION, upon its return. Any replacement parts or Products will be new or serviceably used, comparable in function and performance to the original part or Product, and warranted for the remainder of the original warranty or thirty (30) days from the date of shipment of the replacement parts or Products, whichever is longer. Purchasing additional parts or Products from Compu Dynamics does not extend this warranty period.
C. LABOR & ON-SITE SERVICE. Compu Dynamics or a third party service provider will provide factory labor to resolve Product warranty issues from the date of shipment for the period indicated on your invoice. Unless stated on your invoice all products have to be shipped to Compu Dynamics or one it’s designated agents for repair.
D. D. THIS LIMITED WARRANTY IS NOT TRANSFERABLE.
E. COMPU DYNAMICS DOES NOT WARRANT ANY ACCESSORIES. Please refer to the individual warranty provided by the manufacturer of each Accessory. Defective Accessories, including CDs, DVDs, diskettes or other software media, that are delivered with your Product will be replaced by Compu Dynamics or its suppliers for thirty (30) days from the date you received your Product. YOU ARE RESPONSIBLE FOR THE ACCESSORIES UNTIL COMPU DYNAMICS RECEIVES THEM, AND YOU ARE RESPONSIBLE FOR ALL SHIPPING, HANDLING, AND INSURANCE CHARGES.
F. Compu Dynamics fax/modems do not work in every country. Please contact Compu Dynamics Client Support about specific countries before you travel abroad.
G. EXCLUSIONS. THIS LIMITED WARRANTY COVERS NORMAL USE. CMPU DYNAMICS DOES NOT WARRANT AND IS NOT RESPONSIBLE FOR:
1. DAMAGE CAUSED BY FAILURE TO PROVIDE A SUITABLE INSTALLATION OR OPERATING ENVIRONMENT FOR THE PRODUCT AND/OR ACCESSORIES;
2. DAMAGE DURING SHIPMENT, OTHER THAN ORIGINAL SHIPMENT TO THE CLIENT IF COMPU DYNAMICS'S CARRIER IS USED;
3. DAMAGE CAUSED BY IMPACT WITH OTHER OBJECTS, DROPPING, FALLS, SPILLED LIQUIDS, OR IMMERSION IN LIQUIDS;
4. DAMAGE CAUSED BY A POWER SURGE OR A DISASTER SUCH AS FIRE, FLOOD, WIND, EARTHQUAKE, OR LIGHTNING;
5. DAMAGE CAUSED BY UNAUTHORIZED ATTACHMENTS, ALTERATIONS, MODIFICATIONS OR FOREIGN OBJECTS;
6. DAMAGE CAUSED BY ACCESSORIES;
7. DAMAGE CAUSED BY THE USE OF THE PRODUCT OR ACCESSORIES FOR PURPOSES OTHER THAN THOSE FOR WHICH THEY ARE CUSTOMARILY USED;
8. DAMAGE FROM IMPROPER INSTALLATION OR MAINTENANCE;
9. DAMAGE CAUSED BY ANY OTHER ABUSE, MISUSE, MISHANDLING, OR MISAPPLICATION;
10. CONSUMABLE PRODUCTS;
11. ACCESSORIES OR OTHER PRODUCTS OR SERVICES OF COMPANIES OTHER THAN COMPU DYNAMICS;
12. DAMAGE CAUSED BY PROGRAMS, DATA, VIRUSES, OR OTHER FILES;
13. DAMAGE RESULTING FROM YOUR FAILURE TO BACK-UP YOUR DATA OR OTHER FILES; OR
14. YEAR 2000 PROBLEMS CAUSED BY NON-COMPU DYNAMICS PRODUCTS, SOFTWARE, OR ACCESSORIES.
I. OBTAINING WARRANTY SERVICE. To obtain service under this limited warranty, you must contact Compu Dynamics Technical Support. You may contact Compu Dynamics Technical Support via a variety of on-line, telephone, and other methods to diagnose hardware issues. Compu Dynamics will provide hardware diagnosis by one of these methods for no additional charge from the date of shipment for the period indicated on your invoice. After that period has expired, Compu Dynamics may charge you a fee to diagnose hardware issues. If Compu Dynamics determines that your Product or one of its parts is defective, Compu Dynamics may authorize the replacement of a part or the Product. If labor or on-site Service is available for your Product or issue as described in Section 3.C, the technician may utilize these means to resolve your issue. You may be asked to take your Product to a Compu Dynamics authorized service center to obtain warranty service. PLEASE NOTE, ON-SITE SERVICE AND PRODUCT/PART REPLACEMENT ARE AT COMPU DYNAMICS'S SOLE DISCRETION AND ARE CONSIDERED OPTIONS OF LAST RESORT. Compu Dynamics Technical Support personnel will work to resolve issues professionally and quickly, however, you must reasonably assist Compu Dynamics in providing technical support services. Procedures for handling parts and replacements are outlined below. Procedures for handling on-site warranty Service are outlined in Section 4 or in a separate agreement with the third party service provider. Warranty service may be denied or limited if your account is not in good standing, including outstanding debt for replacement parts not returned to Compu Dynamics. If you choose to contact Compu Dynamics in writing, send your request for warranty service to the following address: Compu Dynamics., Attn: Warranty Department, 1066 _ S. La Cienega Blvd, Los Angeles, CA 90035
II. Whether you are obtaining replacement parts, having repairs, or returning the entire Product and Accessories for a replacement, the following procedures must be followed. FAILURE TO FOLLOW THE PROCEDURES SET OUT IN THIS SECTION MAY RESULT IN DELAYS IN THE REPLACEMENT OF PARTS, REPAIR, OR REPLACEMENT OF YOUR PRODUCT, OR MAY RESULT IN ADDITIONAL CHARGES TO YOUR ACCOUNT. COMPU DYNAMICS RESERVES THE RIGHT TO REFUSE TO ACCEPT PRODUCTS WHERE THESE PROCEDURES ARE NOT FOLLOWED.
1. If your technician decides that you need a replacement part(s) or replacement Product, he or she may require a credit card authorization or other security to receive replacement part(s) or Product and may require you to pay the cost of shipping the replacement part(s) or Product to you and the cost of returning the defective part or Product to Compu Dynamics. The technician will then authorize shipment of the required part(s) or Product to you. YOU ARE FINANCIALLY RESPONSIBLE FOR THE REPLACEMENT PART(S) OR PRODUCT. YOU MUST RETURN THE DEFECTIVE PART(S) OR PRODUCT UNLESS COMPU DYNAMICS GIVES YOU OTHER WRITTEN DIRECTIONS. IF YOU FAIL TO RETURN THE DEFECTIVE PART(S) OR PRODUCT WITHIN SEVEN (7) DAYS OF RECEIPT OF THE RECEIPT OF RMA, YOU WILL BE RESPONSIBLE FOR THE ORIGINAL SALES VALUE OF THE REPLACEMENT PART(S) OR PRODUCT. . YOU ARE RESPONSIBLE FOR PAYING ALL SHIPPING, HANDLING, AND INSURANANCE CHARGES RELATED TO THE SHIPMENT OF PARTS OR PRODUCT TO AND FROM COMPU DYNAMICS FOR REPAIR AND REPLACEMENT.
2. If your technician decides that Compu Dynamics will repair part(s) or Product, he or she will provide you with instructions about how to return the part(s) or Product to Compu Dynamics for repair. Include a brief summary of the problem. Include your , Product serial number, and order number. List the name and telephone number of the person Compu Dynamics is to contact with any questions regarding the system and/or repair. Compu Dynamics will repair your Product as quickly as is reasonably possible.
3. Back up all files before returning the Product and/or Accessories for repair or replacement. Compu Dynamics recommends that you have an external back-up system at all times to reconstruct lost or altered files, data, or programs. COMPU DYNAMICS IS NOT RESPONSIBLE FOR ANY LOSS OF YOUR DATA.
4. You acknowledge and agree that the diagnostic or repair Services of Compu Dynamics are provided without any obligation of confidentiality or non-disclosure on the part of Compu Dynamics, its employees or agents. You are advised to delete or otherwise remove from the Product, prior to delivering the Product to Compu Dynamics, any files or data you consider private, confidential or proprietary. You understand and agree that a failure to delete or otherwise remove such files or data shall constitute your waiver of any privacy, confidentiality or proprietary rights with respect to such files or data. If your Product contains software that enables Compu Dynamics technicians to diagnose and repair problems with your Product remotely, you hereby consent to such remote access to your Product by Compu Dynamics solely for such diagnostic and repair purposes.
5. Return any Product or Accessories in the original packing materials, or if these are not available, other suitable packing materials to prevent further damage. Use the labels contained in your RMA Kit, if applicable. Write the RMA number in large, clear characters on the outside of each box you ship. FAILURE TO USE THESE LABELS OR INCLUDE THE RMA NUMBER MAY RESULT IN DELAYS.
6. FOR YOUR PROTECTION, INSURE THE SHIPMENT FOR FULL REPLACEMENT VALUE. YOU ARE RESPONSIBLE FOR ANY DAMAGE TO THE PRODUCT OR ACCESSORIES WHICH OCCURS DURING SHIPMENT TO COMPU DYNAMICS.
WITH REGARD TO REPAIRS, REPLACEMENT PARTS OR PRODUCT REPLACEMENTS, COMPU DYNAMICS IS NOT RESPONSIBLE FOR DAMAGE CAUSED BY ANY OF THE CONDITIONS LISTED IN PARAGRAPH 3.H, "EXCLUSIONS."
To International Clients
The limited warranty is the same for clients who are located outside of the United States, except as stated in this paragraph. To obtain warranty service, you must contact Compu Dynamics in U.S. On all orders for replacement parts or Product, you must pay for the replacement parts or Product and shipping and handling costs before Compu Dynamics will ship the replacement parts or Product. Compu Dynamics will refund the cost of the replacement parts or Product when you return the defective parts or Product to Compu Dynamics. Shipping and handling charges are not refundable. COMPU DYNAMICS IS ALSO NOT RESPONSIBLE FOR ANY CUSTOMS FEES, TAXES, OR VAT THAT MAY BE DUE. YOU ARE RESPONSIBLE FOR THESE CHARGES, EVEN IF YOU REFUSE DELIVERY OF THE PRODUCT. ON ALL ORDERS FOR SERVICE, YOU ARE RESPONSIBLE FOR SHIPPING, HANDLING, AND INSURANCE CHARGES TO AND FROM COMPU DYNAMICS, CUSTOMS FEES, TAXES, OR VAT THAT MAY BE DUE.
4. ON-SITE SERVICES. Compu Dynamics provides optional on-site warranty Service and installation and other Services in accordance with the terms and conditions of this Agreement. Depending on the service package you purchased, on-site warranty and other services may be provided by a third party service provider under a separate agreement. If you purchased on-site warranty Services when you purchased your Product, they are available for the time period described in Section 3.C. Other Services provided by Compu Dynamics to you are optional and require the payment of a separate fee. You may purchase Services at the time you purchase your Product or by calling Compu Dynamics after your original purchase. Please contact Compu Dynamics Client Support for current prices and availability. Confirmation of your purchase of Services may be required before Compu Dynamcis provides the Service under this Agreement. Compu Dynamics may use independent contractors to provide Services.
A. DESCRIPTION OF SERVICES.
1. On-Site Warranty Service. Compu Dynamics will install replacement parts in your Product as necessary to correct defects covered under the limited warranty applicable to the Product. On-site warranty Service is not available for all areas and all products
2. 2. Installation Services. If you purchased installation Services, a Compu Dynamics authorized technician will install and verify the operation of your Product. This service does not include network installation.
3. Network Installation Services. A Compu Dynamcis authorized technician will install and connect the network cards, applicable software and Products purchased from Compu Dynamics as part of a home network solution. You must ensure that proper network wiring is available and that your existing products meet the minimum requirements necessary for connection to your network. Please call Compu Dynamics Client Support for information on the minimum requirements for this service. Please Note: The Compu Dynamics technician will not perform troubleshooting on your network wiring. All troubleshooting of wiring requested by you shall be subject to a separate fee. If installation Services are required to be rescheduled due to network wiring issues, you may incur additional charges.
B. AVAILABILITY OF SERVICES. Compu Dynamics will provide the Services described in this Agreement for Products located in the United States. Services are available during reasonable business hours. The location and hours of service may vary, and on-site Services may not be available in all locations. PLEASE CONSULT WITH YOUR PRODUCT SALES REPRESENTATIVE BEFORE PURCHASING A SERVICE TO DETERMINE WHETHER SERVICE IS AVAILABLE AT YOUR LOCATION AND THE HOURS OF AVAILABILITY. COMPU DYNAMICS RESERVES THE RIGHT TO REFUSE OR CANCEL SERVICE TO A CLIENT IF COMPU DYNAMICS DETERMINES THAT YOU HAVE FAILED TO COMPLY WITH ANY OF YOUR RESPONSIBILITIES DESCRIBED IN SECTION 4.D BELOW.
C. SCHEDULING ON-SITE SERVICE. Contact Compu Dynamics Technical Support to obtain on-site Service (Los Angeles Area Only). On-site Service appointments will be scheduled and conducted as indicated below:
1. When Compu Dynamics determines that on-site service is necessary, a Compu Dynamics authorized technician will contact you and, using the estimated delivery time for the part or Product to be installed, the Compu Dynamics technician will schedule an Estimated Time of Arrival ("ETA").
2. On the day of the scheduled service appointment, the technician will contact you to verify that the part or Product to be installed has arrived at your location. If the part or Product has not yet arrived, you must inform the technician and schedule a new appointment.
3. After the technician completes the on-site Service and reviews the repairs with you, you must pack up the non-functioning part or Product and return it to Compu Dynamics as described in Section 4.I, "Obtaining Warranty Service".
D. CLIENT RESPONSIBILITIES. For all on-site Services described in this Agreement, you are responsible for the following obligations. You acknowledge and agree that Compu Dynamics's provision of on-site Services is contingent on your full satisfaction of these obligations. Your responsibilities include:
1. Ensuring that the technician is not exposed to unsafe, unhealthy, abusive, violent or illegal activities, environment or conduct:
2. Ensuring that the Product to be installed or serviced is present at the actual service or installation location;
3. Providing the Compu Dynamics technician with full access to the location where the installation or on-site Service will be performed;
4. Ensuring the installation or service area is free from loose plastic, papers and styrofoam cups, any of which could cause static charges;
5. Providing a suitable installation and operating location for the Product, which location, at a minimum, is designed to (a) support the size and weight of the Product; (b) provide sufficient space, electrical power, and, if applicable, network cable for the Product, (c) contain the appropriate number and types of electrical outlets, analog phone jacks, and, if applicable, network cables, within reach of the Product, and (d) avoid the possibility of damage caused by impact with other objects, falls, spilled liquids or immersion in liquids, or misuse (a list of the specific requirements for each Product is available from Compu Dynamics Technical Support);
6. Ensuring that the Product to be serviced or installed is located in a environment that poses no potential health or safety hazard to the Compu Dynamics technician;
7. Backing up proprietary and confidential information and maintaining a procedure external to the hardware products for reconstruction of lost or altered files, data, or programs (COMPU DYNAMICS SHALL NOT BE RESPONSIBLE FOR LOSS OF ANY CLIENT DATA);
8. Removing any third-party, non-Compu Dynamics products prior to the arrival of the Compu Dynamics authorized technician;
9. Providing the Compu Dynamics technician with operating system software and applicable drivers supporting Compu Dynamics hardware (on diskette or CD) used during normal operation;
10. Correctly packaging and returning non-functioning parts, Products or Accessories to Compu Dynamics;
11. HAVING A REPRESENTATIVE 18 YEARS OF AGE OR OLDER PRESENT WHEN THE COMPU DYNAMICS AUTHORIZED TECHNICIAN IS PROVIDING ON-SITE SERVICE; and
12. Any other obligations reasonably required by Compu Dynamics Technical Support or the Compu Dynamics authorized technician in order to provide the Services pursuant to this Agreement.
In addition, to reduce the risk of electrical damage to your system caused by power fluctuations, Compu Dynamics encourages the use of an uninterrupted power supply, which can be purchased from Compu Dynamics.
E. SERVICE WARRANTY; DISCLAIMER OF WARRANTIES. Compu Dynamics warrants only that the Services will be performed in a professional and workmanlike manner. ANY IMPLIED WARRANTIES ARE LIMITED TO THE TERM OF THIS AGREEMENT. NO INFORMATION OR ADVICE (WRITTEN OR ORAL) PROVIDED TO YOU BY COMPU DYNAMICS OR ITS CONTRACTORS, WILL CREATE A WARRANTY BY COMPU DYNAMICS OR INCREASE THE SCOPE OF THIS AGREEMENT. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
ANY LIABILITY OF COMPU DYNAMICS AND THEIR AFFILAITES AND SUPPLIERS FOR SERVICES PROVIDED UNDER THIS AGREEMENT IS EXPRESSLY LIMITED TO THE FEES YOU HAVE PAID FOR THE SERVICE GIVING RISE TO THE CLAIM. YOUR SOLE REMEDY AGAINST THEM IN ANY DISPUTE UNDER THIS AGREEMENT SHALL BE TO SEEK RECOVERY OF THE AMOUNTS YOU PAID, UPON THE PAYMENT OF WHICH THEY SHALL BE RELEASED FROM AND DISCHARGED OF ALL FURTHER OBLIGATIONS AND LIABILITY TO YOU. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS OR REVENUE, ECONOMIC LOSS, LOSS OF DATA, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OR REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, YOUR TIME, THE CLAIMS OF THIRD PARTIES, AND INJURY TO PROPERTY, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, AND EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
5. TECHNICAL SUPPORT. Compu Dynamics provides a range of basic technical support options for the Product via a variety of on-line, telephone, and other methods. Current support methods are listed in the manual for your Product. Using one of these methods, Compu Dynamics will help you reinstall the operating system and factory-installed software on your Product and restore it to the original factory configuration at no additional charge from the date of shipment for the period indicated on your invoice. Many of these technical support options are available to you for a variety of other issues without charge. Compu Dynamics will inform you before it provides you with technical support for which a fee will be charged. Compu Dynamics may change the means through which it provides technical support at any time. Some current support methods are listed below. It is likely that many of your questions will be answered by the documentation shipped with, and information loaded on, the Product. COMPU DYNAMICS DOES NOT PROVIDE FREE SOFTWARE TUTORING OR CUSTOMIZATION, OR SUPPORT FOR ANY OTHER ACCESSORIES, INCLUDING SOFTWARE, OR ANY PRODUCTS PURCHASED FROM THIRD PARTY VENDORS. COMPU DYNAMICS MAY PROVIDE FEE-BASED SUPPORT FOR THESE OR ANY OTHER ISSUES FALLING OUTSIDE THE SCOPE OF BASIC TECHNICAL SUPPORT. YOU WILL BE NOTIFIED OF ANY APPLICABLE FEE BEFORE COMPU DYNAMICS TECHNICAL SUPPORT BEGINS RESOLUTION OF YOUR ISSUE.
6. TRADEMARKS. Compu Dynamics is the sole and exclusive owner of the name "CDI" and any and all Compu Dynamics trademarks, trade names, trade logos and trade dress appearing on, attached to or described in the Products, and you acquire no rights to these trademarks.
7. SOFTWARE & HARDWARE. You agree to comply with the terms and conditions of any applicable end-user license agreements, and in all cases where software programs have been pre-loaded on the Product, you agree that by turning on the Product, you accept the terms and conditions of the end-user license agreements. Many software and hardware components of the Product may vary in performance, functionality, and compatibility from retail (off-the-shelf) versions. Compu Dynamics may use various suppliers of components for Products.
8. GOVERNING LAW. This Agreement is governed by the laws of the State of California, without giving effect to conflicts of law rules.
9. DISPUTE RESOLUTION. You agree that any Dispute between You and Compu Dynamics will be resolved exclusively and finally by arbitration administered by the National Arbitration Forum (NAF) and conducted under its rules, except as otherwise provided below. The arbitration will be conducted before a single arbitrator, and will be limited solely to the Dispute between You and Compu Dynamics. The arbitration shall be held at any reasonable location near your residence by submission of documents, by telephone, online or in person. Any decision rendered in such arbitration proceedings will be final and binding on each of the parties, and judgment may be entered thereon in any court of competent jurisdiction. Should either party bring a Dispute in a forum other than NAF, the arbitrator may award the other party its reasonable costs and expenses, including attorneys' fees, incurred in staying or dismissing such other proceedings or in otherwise enforcing compliance with this dispute resolution provision. You understand that You would have had a right to litigate disputes through a court, and that You have expressly and knowingly waived that right and agreed to resolve any Disputes through binding arbitration. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Section 1, et seq. For the purposes of this section, the term "Dispute" means any dispute, controversy, or claim arising out of or relating to (i) this Agreement, its interpretation, or the breach, termination, applicability or validity thereof, or (ii) the purchase or use of any product, accessory, service or otherwise from Compu Dynamics; the term "Compu Dynamics" means Compu Dynamics International its subsidiaries, affiliates, directors, officers, employees, beneficiaries, agents or assigns; the term "You" means you the original purchaser, your agents, beneficiaries, or heirs.
Information may be obtained from the NAF on line at www.arb-forum.com, by calling 800-474-2371 or writing to P.O. Box 50191, Minneapolis, MN, 55405.
10. COMPLIANCE WITH LAWS AND REGULATIONS. You must comply with all applicable export laws and regulations of the United States and other applicable countries if you export the Product outside the country.
11. SEVERABILITY. If any provision contained in this Agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this Agreement.
12. GENERAL. You may not assign this Agreement without Compu Dynamics's prior written consent. Compu Dynamics and its affiliates are intended beneficiaries of this Agreement. In case of any inconsistency between this Agreement and any other agreement included with or relating to your Product, this Agreement shall take precedence.