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APPENDIX C: WARRANTY AND SUPPORT INFORMATION
Limitation of Liability.
9.
DELL DOES NOT ACCEPT LIABILITY BEYOND THE
REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY
LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS,
LOSS OF BUSINESS OR FOR LOST OR CORRUPTED DATA OR SOFTWARE,
OR THE PROVISION OF SERVICES AND SUPPORT. EXCEPT AS EXPRESSLY
PROVIDED HEREIN, DELL WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL,
SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.
YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF
PRODUCT, DELL IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF
DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT.
NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY,
THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH
REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
Not for Resale or Export.
10.
You agree to comply with all applicable laws and
regulations of the various states and of the United States. You agree and
represent that you are buying for your own internal use only, and not for
resale or export. Dell has separate terms and conditions governing resale
of Product by third parties and transactions outside the United States.
Terms and conditions for resale are located at:
www.dell.com/policy/legal/
termsofsale.htm
.
Governing Law. THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES
11.
THEREUNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN
CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR
FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON
LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND DELL arising from
or relating to this agreement, its interpretation, or the breach, termination
or validity thereof, the relationships which result from this agreement,
Dell’s advertising, or any related purchase SHALL BE GOVERNED BY THE
LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO CONFLICTS OF LAW.
Binding Arbitration.
12.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER
IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT
OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL
TORT AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND DELL, its agents,
employees, principals, successors, assigns, affiliates (collectively for purposes
of this paragraph, “Dell”) arising from or relating to this Agreement, its
interpretation, or the breach, termination or validity thereof, the relationships
which result from this Agreement (including, to the full extent permitted by
applicable law, relationships with third parties who are not signatories to this
Agreement), Dell’s advertising, or any related purchase SHALL BE RESOLVED
EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY
THE NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then
in effect (available via the Internet at
http://www.arb-forum.com
, or via
telephone at 1-800-474-2371). In the event of any inconsistency or conflict
between NAF Code of Procedure and this Agreement, this Agreement shall
control. The arbitration will be limited solely to the dispute or controversy
between the customer and Dell. NEITHER THE CUSTOMER NOR DELL
SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST
OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE
OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The
individual (non-class) nature of this dispute provision goes to the essence
of the parties’ arbitration agreement, and if found unenforceable, the
entire arbitration provision shall not be enforced. This transaction involves
interstate commerce, and this provision shall be governed by the Federal
Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be
final and binding on each of the parties, and may be entered as a judgment
in any court of competent jurisdiction. Dell will be responsible for paying
any individual customer arbitration fees. If any customer prevails on any
claim that affords the prevailing party attorneys’ fees, or if there is a written
agreement providing for fees, the Arbitrator may award reasonable fees to
the prevailing party, under the standards for fee shifting provided by law.
Otherwise, each party shall pay for its own costs and attorneys’ fees, if any.
Information may be obtained and claims may be filed with the NAF at P.O. Box
50191, Minneapolis, MN 55405.
