IT Service Warranty
This attorney drafted IT Service Warranty sets forth the terms of
a standard information technology service warranty and includes
numerous standard terms, including exclusions to the items
warranted.
ALL INFORMATION AND FORMS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY,
EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING AS TO THEIR LEGAL EFFECT AND
COMPLETENESS. They are for guidance and should be modified to meet your needs and the
laws of your state. Use at your own risk. Docstoc and anyone who participated in providing or
modifying any form is not creating or entering into an Attorney-Client relationship. Docstoc
© Copyright 2011 Docstoc Inc. does not provide legal advice. The information and forms are not a 1substitute for the advice of
your own attorney.
IT Service Warranty
_____ [Instruction: Insert information technology service provider name.] (“Company”)
warrants that for a period of ninety (90) [Comment: This number may be revised.] days from
the date of provision of information technology service from Company such services shall
substantially conform to the specified service or repair provided. Except for the foregoing, the
service is provided AS IS. Customer's exclusive remedy and the entire liability of Company and
its suppliers under this limited warranty will be repair of the service provide if reported (or, upon
request, returned) to _____ [Instruction: Insert place where item must be reported or
returned to.]. In no event does Company warrant that that Customer will be able to operate or
use the information technology in the desired manner without problems or interruptions.
Further, Company does not warrant that Customer will not have additional problems or
interruptions from the operation or use of the information technology in the desired manner, nor
does Company provide any warranty that any data on the information technology will not have
been lost, damaged or destroyed in whole or in part during Company’s servicing of the specified
information technology.
This warranty does not apply if the information technology (a) has been altered, modified,
disassembled or repaired by any person, company or other entity in the intervening period of
time after Company’s repair, (b) has not been installed, operated, repaired, or maintained in
accordance with instructions supplied by Company or the manufacturer, (c) has been subjected to
abnormal physical or electrical stress, misuse, negligence, or accident, (d) is used in
ultrahazardous activities; (e) has been connected to a faulty power source; (f) is in need of repair
or replacement as a result of normal wear and tear; or (g) is in need of repair for any other cause
not resulting from defects in materials or workmanship. This warranty does not include non-
Company installed components.
DISCLAIMER. EXCEPT AS SPECIFIED IN THIS WARRANTY, THE ABOVE-STATED
LIMITED WARRANTY REPLACES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED
AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND
WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT
OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE
HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW.
IN NO EVENT WILL COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY LOST
REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL,
INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF
THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE
THE INFORMATION TECHNOLOGY EVEN IF COMPANY OR ITS SUPPLIERS HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Company
or its suppliers' liability to Customer, whether in contract, tort (including negligence), or
otherwise, exceed the price paid by Customer. The foregoing limitations shall apply even if the
above-stated warranty fails of its essential purpose. SOME STATES DO NOT ALLOW
LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES.
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Under no circumstances shall Company be liable in any way to the Customer for damages,
including any lost profits, lost savings or other incidental or consequential damages arising out of
the use of, or inability to use, the information technology.
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