Dakota 2000, Inc.
Service & Support Agreement

This Agreement is for the benefit of the purchaser (customer) of Dakota 2000. The term of this agreement begins from the original date of purchase from Dakota 2000 to the customer.

Services Defined:

Dakota 2000 will provide the support services described in this Agreement for products purchased directly from Dakota 2000.
Dakota 2000 will provide service to diagnose and replace faulty computer hardware parts for up to three years.
Dakota 2000 will replace hardware parts under manufacturer’s warranty at no charge to the customer.
If replacement computer hardware is no longer warrantied by manufacturer, the customer is responsible for parts, but installation is covered under Dakota 2000 service agreement for up to 3 years.
Peripheral components, such as printers, scanners, digital cameras, etc., are covered under Dakota 2000 Service Agreement for the life of manufacturer’s warranty only.
Damage from acts of nature, misuse, theft, virus or software corruption unrelated to hardware issues, etc., are NOT covered under Dakota 2000 service agreement.
Dakota 2000 in-house and on-site service hours are Monday through Friday from 8 a.m. to 5 p.m.
Saturday, Sunday and Holiday requests for service will be processed on the following business day. Emergency service will begin @ $60.00 per hour minimum.
Locations outside 15-mile radius of Pierre may be subject to mileage charge for onsite service.

Service Call Process:

Customer calls Dakota 2000 and reports hardware problem. Technician will promptly respond to the hardware issue(s).
In the event hardware replacement is required, Dakota 2000 technicians will make contact with the manufacturing company to obtain replacement of the non-functioning hardware component(s).
Upon receipt of replacement part(s), Dakota 2000 will contact customer to arrange a convenient time to replace the part.
After the part has been replaced Dakota 2000 will return all old parts to the manufacturing company.

Customer Responsibilities:

The Customer is responsible for:

Providing Dakota 2000 with operating system software and applicable drivers provided by the manufacturing company.
Removing and replacement of any third-party products.
Backing up its proprietary and confidential information and for maintaining a procedure external to the hardware products for reconstruction of lost or altered files, data, or programs;
Notifying Dakota 2000 if products to be serviced are being used in an environment that poses a potential health hazard to the service technician;
Having a representative 18 years of age or older present when the Dakota 2000 technician is providing on-site service.

Disclaimer:

This agreement is a service contract only.
Dakota 2000 disclaims any express warranty other than the contract to provide service hereunder. Implied warranties, if any, are limited to the term of this contract. No information or advice, written or oral, provided to you by Dakota 2000, their agents or employees will create a warranty by Dakota 2000 or increase the scope of this agreement.
Under no circumstances shall Dakota 2000, their suppliers or service providers be liable for any special, incidental, or consequential damages based upon breach of warranty, breach of contract, negligence, strict liability, or any other legal theory. Such damages include, but are not limited to, loss of profits, loss of revenue, loss of data, loss of use of the hardware system or any associated equipment, cost of capital, cost of substitute or replacement equipment, facilities or services, downtime, the claims of third parties, including customers, and injury to property.

Governing Laws:

This agreement shall be governed by, and construed in accordance with, the laws of the State of South Dakota, excluding its conflict of law principles.
Non-Transferable upon sale of system prior to warranty expiration.

Entire Agreement:

This agreement contains the entire understanding of the parties and supersedes all previous verbal and written agreements on the subject thereof.