Procurant Master Services Agreement

Procurant Hardware Warranty

Effective Date: January 1, 2021

1. Unless otherwise specified in a current agreement, Procurant warrants to the customer, that for a period of one (1) year, form the delivery date (the Warranty Period) the equipment will be free of defects in material or workmanship, under normal use and service. In response to proper warranty claims for the equipment during the Warranty Period, Procurant will replace the equipment with new or equivalent refurbished products free of major cosmetic defects, at no cost to the customer.
   
   
2. To make a proper claim under the warranty provisions contained in this document, the customer must notify Procurant of the defect, by calling or emailing Procurant Support at (800) 458 0269 or support@procurant.com. The required notice of defect must specify the facts constituting the defect and the existence of the defect must be verified by Procurant. Except as otherwise provided for, any replacement equipment or parts supplied by Procurant in connection with this warranty are subject to the same warranty for the remaining original warranty period.
   
   
3. Replacement equipment will be delivered by a premium carrier, in 3-5 business days (the Standard Rate), at no cost to the customer. Customer may select a faster delivery service by paying the difference between the Standard Rate and the expedited rate.
   
   
4. Procurant will provide all labor, parts and materials which Procurant at its sole discretion, deem necessary to maintain an adequate replacement inventory.
   
   
5. Upon expiration of the warranty period, equipment and parts will be replaced at the standard quoted prices.
   
   
6. All warranties expressed in this document shall be rendered null and void if operated beyond the normal limits or in an unacceptable environment specified by Procurant in the item’s specification; if the items or its components parts are installed and/or maintained by someone other than Procurant, or Procurant’s subcontractors; or if the item is subject to misuse, negligence, accident or vandalism. In addition, the warranty excludes any breakage, bending or other damage to a probe tip.
   
   
7. No action for any breach of the above warranties may be commenced more than one (1) year following the expiration date of the applicable warranty.
   
   
8. THE EXPRESS WARRANTIES SPECIFIED IN THIS DOCUMENT ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PROCURANT DISCLAIMS AND EXCLUDES ANY AND ALL OTHER WARRANTIES.
   
   
9. Except for Procurant’s indemnification obligations above, in no event and under no circumstances shall Procurant or Procurant’s suppliers be held liable for indirect, incidental, special, consequential or similar damages, (including without limitation loss of business profits, loss of service, business interruption, loss of or incorrect business information/data and the like)suffered or incurred by Customer or any third party arising from or in connection with (i) any breach by Procurant, Procurant’s suppliers and or representatives of any provision of this agreement (ii) the delivery, use, performance, or non-performance of any item supplied as part of an agreement between the companies (iv) any claims against Procurant by any party or (v) any obligation Procurant may have, even if Procurant has been advised of the possibility of such damages.
   
   
10. In any event the maximum liability against Procurant will be no greater than the price paid by the customer for the equipment in question.
    
    
11. Any disputes arising in connection with the warranty shall be construed and enforced in accordance with the laws of the State of California, without regard to any conflict-of-law provisions.