Warranties and Disclaimers - Limitation on Liability

BranchServ makes the following warranties:

  • For a period of one (1) year from the date that original equipment is installed and commissioned by BranchServ for Client’s use, BranchServ warrants that all equipment installed by BranchServ shall be free from any material defects and conform to the manufacturer’s specifications, and that all labor performed during such installation has been performed in a diligent and workmanlike manner.
  • For a period of thirty (30) days following any service or repair, BranchServ further warrants that all replacement parts installed by it shall be free from any material defects and conform to manufacturer’s specifications, and that all labor during such service or repair has been performed in a diligent and workmanlike manner.
  • With respect to maintenance and repair services provided for an annual service fee, BranchServ warrants that all labor will be performed in accordance with the description of the plan(s) selected by Client in the Maintenance and Repair Services Schedule and in a diligent and workmanlike manner.

BranchServ’s sole liability and Client’s sole remedy under the warranties provided above shall be free re-performance of services and free replacement or repair (at BranchServ’s option) of the equipment as may be required to substantially conform the equipment or services to the warranties provided above.

Notwithstanding any provision contained in this Agreement to the contrary, the maximum liability of BranchServ together with its Related Parties (as defined below) to any person or entity whatsoever arising out of or in connection with any sale, installation, servicing or repair of any goods, whether such liability arises from a claim based upon contract, warranty, tort or otherwise, shall in no case exceed the pro rata amount actually paid to BranchServ hereunder with respect to the specific product or services that caused the damages for the branch or other location at which the damages arose.

 

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2017 Trade Events:

Great New England Credit Union Show
Boxborough MA
April 27th

Maine Credit Union Annual Meeting & Convention
Portland ME
May 19th

COCC Client Conference & Partners Expo
CT
June 7th