OWC Terms, Conditions and Policies
At OWC Our Customers Come First! Quality Products, Competitive Prices, Expert Support since 1988
Terms & Conditions Of Sale
These Terms & Conditions of Sale ("Terms of Sale") apply to all products sold by Other World Computing, Inc. and sales made via OWC's macsales.com website ("Site") both online and with a Customer Service or Sales Representative. YOU ACCEPT THESE TERMS OF SALE IF YOU PURCHASE PRODUCT FROM OTHER WORLD COMPUTING, INC., OR VIA MacSales.com.
Customer Service and Technical Support
Customer Service: A knowledgeable OWC team member is generally available to assist you via phone Monday through Friday, 8:00 AM to 8:00 PM, Central Standard Time, excluding U.S. Federal holidays ("Regular Business Hours"). If you have questions concerning a product, how to order, order status, tracking, or returning a product, you may:
- Contact Customer Service during our Regular Business Hours by calling 1-800-275-4576 (toll free) or +1-815-338-8685 (international);
- Send an email to email@example.com which will typically be answered within 24-48 Regular Business Hours of receipt;
- Go to https://eshop.macsales.com/Service/ to submit a request online which will typically be answered within 24-48 Regular Business Hours of receipt; or
- You may check your order status and tracking information by going to: https://eshop.macsales.com/orderStatus/.
Technical Support: Technical Support Representatives can be reached via phone Monday through Friday, 8:00 AM to 8:00 PM, Central Standard Time, excluding U.S. Federal holidays. If you have other questions, require other assistance, or would like technical support for a product purchased from the Site:
- Go to our online tech center for FAQ's, manuals, installation videos, updaters, drivers, etc. at https://eshop.macsales.com/tech_center/;
- Contact a Technical Support Representative by calling 1-800-275-4576 (toll free) or +1-815-338-8685 (international); or
- Go to https://eshop.macsales.com/Service/Tech.cfm to submit a request online which will typically be answered within 24-48 Regular Business Hours of receipt.
Order Processing and Pricing
Shipment dates on your order are based on product availability, payment processing time, and warehouse processing time and do not include transit time. OWC starts order processing only when it has received all of required information and full payment or a full authorization, in the case of credit/debit card. OWC may begin payment processing for orders placed on weekends or holidays on the next business day.
OWC reserves the right to change prices for products displayed on-line at any time and particularly to correct pricing errors. OWC is not responsible for typographical errors. OWC reserves the right to cancel any order if there was a typographical error on the Site concerning the pricing or availability of any item you ordered when you placed the order. Your total order price will include the price of the product on the day of shipping plus any applicable sales tax and shipping charges.
ALL TRANSACTIONS, INCLUDING RETURNS, REFUNDS AND EXCHANGES ARE PERFORMED IN USD CURRENCY. ANY FOREIGN TRANSACTION FEES RESULTING FROM CURRENCY CONVERSION ARE THE RESPONSIBILITY OF THE PURCHASER. IF PAYMENT IS MADE BY BANK WIRE OR ACH, ANY FEES CHARGED BY THE PURCHASER'S BANK OR ANY INTERMEDIARY BANKS BETWEEN THE PURCHASER'S BANK AND OWC'S BANK ARE THE RESPONSIBILITY OF THE PURCHASER.
Purchasers are responsible for any and all federal, state, and local taxes, imports, or other duties or import fees arising out of the sale of the products or services through the Site. In addition to the product price, OWC may charge you sales tax based on your shipping address at the sales tax rate in effect at the time your order is billed.
All orders shipping to Alaska, Alabama, Arkansas, Arizona, California, Colorado, Connecticut, District of Colombia, Florida, Georgia, Hawaii, Iowa, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Massachusetts, Maryland, Maine, Michigan, Minnesota, Mississippi, North Carolina, North Dakota, Nebraska, New Jersey, New Mexico, Nevada, New York, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Vermont, Washington, Wisconsin, West Virginia, or Wyoming are subject to applicable sales taxes.
All transactions, including returns, refunds and exchanges are performed in USD currency.
All transactions, including returns, refunds and exchanges are performed in USD currency. Any foreign transaction fees resulting from currency conversion are the responsibility of the purchaser. If payment is made by bank wire or ACH, any fees charged by the purchaser's bank or any intermediary banks between the purchaser's bank and OWC's bank are the responsibility of the purchaser.
When you order online, you may pay by Amazon, PayPal, American Express, Apple Pay, Discover, MasterCard, debit, or check card. When you order by telephone, you may pay by credit, debit or check card. When you provide OWC with your card information, OWC will obtain a pre-approval from the card company for the amount of the order, which may result in a corresponding block on your available credit while the pre-approval remains in place. OWC will not bill your credit card or process a transaction until your order is ready to leave the warehouse.
Debit cards and check cards have daily spending limits that may substantially delay the processing of your order. Please contact your bank for more information. Credit/Debit card orders require billing address verification. If your ship-to address is different from your billing address, your ship-to address is also subject to verification. An incorrect or unverifiable billing or ship-to address puts the order into a hold status until verified. At OWC's discretion, your order may be cancelled.
If credit/debit card authorization is declined, your order is put on hold until a successful authorization is obtained. At OWC's discretion, your order may be cancelled.
OWC Store Credit
Call 1-800-275-4576 (toll free) or +1-815-338-8685 (international) during our Regular Business Hours to use OWC Store Credit to make a purchase. Unless prohibited by law, your OWC Store Credit expires one (1) year from the date of issuance.
Under certain circumstances, OWC may issue OWC Store Credits that have additional restrictions, including a specific expiration date or restrictions on the type of product. Should any restrictions exist, OWC will clearly communicate them to the customer at the time of issuance of the OWC Store Credit.
Wire Transfer, COD, Certified Funds, Money Orders*
Call 1-800-275-4576 (toll free) or +1-815-338-8685 (international) during our Regular Business Hours to use a bank wire transfer, certified funds (official checks), a money order or a check to pay for your order.
*Prepayment options may be subject to a 10-day hold/verification period by OWC's corporate accounting if there has not been prior credit approval.
Purchase Orders/Net 30
Call 1-800-275-4576 (toll free) or +1-815-338-8685 (international) during our Regular Business Hours to issue a Purchase Order. A Purchase Order is deemed accepted only upon shipment of the product ordered. The Terms and these Terms of Sale shall take precedence over any different, additional, or conflicting provisions in your Purchase Order(s). Payment terms shall be via a method described above or Net 30 days to government, corporate, or educational entities pending account approval. OWC reserves the right to charge 1.8% interest per month on any past due balance.
Unless otherwise noted, shipping and handling charges will be shown as additional charges on your invoice. Products shipped via standard service are normally delivered within six (6) business days after shipment, but OWC makes no guarantee as to delivery dates. OWC offers expedited shipping options on most OWC products for an additional charge. As the delivery of your order is beyond OWC's control once your order leaves OWC's facilities, OWC cannot assume liability for late deliveries, regardless of the delivery method you specify. Please note most deliveries require a signature. Occasionally packages are returned to OWC as undeliverable. When the carrier returns an undeliverable package to OWC, please contact OWC to make arrangements for reshipment. OWC reserves the right to charge you a 15% restocking fee for a refused or failed delivery, as well as all charges incurred by OWC in the return and retrieval of refused orders, including but not limited to taxes, duties, broker fees and return shipping costs. These fees maybe collected by the carrier, customs, agents, brokers or OWC.
OWC currently offers various shipping options through strategic partnerships with FedEx, UPS, the United States Postal Service and DHL International, providing delivery of purchased items to the following countries:
Albania, Algeria, American Samoa, Andorra, Angola, Anguilla, Antigua, Argentina, Armenia, Aruba, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Belize, Benin, Bermuda, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Byelorussia (Belarus), Cameroon, Canada, Cape Verde, Cayman Islands, Chad, Chile, China, Colombia, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, Djibouti, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Estonia, Ethiopia, Faroe Islands, Fiji, Finland, France, French Guiana, French Polynesia, Gabon, Gambia, Germany, Ghana, Gibraltar, Greece, Greenland, Grenada, Guadeloupe, Guam, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Hong Kong, Hungary, Iceland, India, Indonesia, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Kirghizia (Kyrgyzstan), Korea, Kuwait, Lao People's Democratic Republic, Latvia, Lebanon, Lesotho, Liechtenstein, Lithuania, Luxembourg, Macau, Macedonia, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Martinique, Mauritania, Mauritius, Mexico, Moldova, Monaco, Montenegro, Morocco, Mozambique, Nepal, Netherlands, Netherlands Antilles, New Caledonia, New Zealand, Nicaragua, Niger, Nigeria, Northern Mariana Islands, Norway, Oman, Palau, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Portugal, Puerto Rico, Qatar, Reunion, Romania, Rwanda, Saudi Arabia, Senegal, Serbia, Seychelles, Singapore, Slovak Republic (Slovakia), Slovenia, Somalia, South Africa, Spain, Sri Lanka, St. Kitts and Nevis - Anguilla, St. Lucia, St.Vincent, Suriname, Swaziland, Sweden, Switzerland, Taiwan, Tanzania, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Turks and Caios Islands, Uganda, Ukraine, United Arab Emirates, United Kingdom, United States of America, Uruguay, Uzbekistan, Vanuatu, Vatican City, Venezuela, Vietnam, Virgin Islands, British, Virgin Islands, United States, Yemen, Zambia and Zimbabwe.
ALL ORDERS SHIPPED OUTSIDE OF THE UNITED STATES ARE SUBJECT TO ALL NATIONAL, FEDERAL, STATE OR LOCAL TAXES, DUTIES OR OTHER IMPORT FEES THE COUNTRY OF DELIVERY DEEMS LEGAL AND REQUIRED. AT THIS TIME, OWC DOES NOT COLLECT ANY OF THESE FEES DURING THE CHECKOUT PROCESS AND THE CUSTOMER IS SOLELY RESPONSIBLE FOR ANY OF THESE ADDITIONAL FEES ASSESSED BY THE COUNTRY OF IMPORT.
All transactions, including returns, refunds and exchanges are performed in USD currency.
All international and/or SPO shipping charges, including Returns for Warranty or Returns for Refund, are the sole responsibility of the customer.
OWC values its customer's financial security and as such, takes extreme precautions to protect customer information and prevent unauthorized purchases. In correlation with these efforts, OWC is unable to reroute packages that have left its shipping facilities. Additionally, packages shipped by OWC are not guaranteed for pickup at a carrier's facility.
Additional Terms and Conditions
Additional terms and conditions apply to purchases of goods or services at the Site ("Terms"), all sales placed via phone at 1-800-275-4576 or 1-815-338-8685 or via fax, all of which Terms are made a part of these Terms of Sale by this reference. These additional Terms are located at: Site Terms. You agree to abide by such other terms and conditions as applicable. If there is a conflict between these Terms of Sale and the Terms, these Terms of Sale shall control with respect to your purchase.
Return and Refund Policy
If you are not satisfied with your product purchase, you must obtain a Return Merchandise Authorization ("RMA") within the time period allotted for your specific product(s). RMA numbers expire within the lesser of 15 days from date of issuance or 30 days from your original product invoice date. A valid RMA number must be written on the outside of the returned package or the return will not be accepted for processing.
To obtain an RMA number, please fill out our online RMA Request form found here: https://eshop.macsales.com/Service/RMA_Request.cfm. You may also call 1-800-275-4576 (toll free) or +1-815-338-8685 (international), Option 2, during our Regular Business Hours. Please go to the Return Policy for more information on how to make a return.
Disclaimers for Returning Product: OWC disclaims all liability for product returned without a valid RMA number and / or without proper authorization for return pursuant to the RMA. You hereby waive any claims for damage or loss as a result of your unauthorized return of products to OWC.
Please include a copy of your original invoice inside the package with the product(s) returned circled. Product(s) must be returned complete, unaltered and with original product materials and packaging to be eligible for full refund and to prevent the possibility of additional return fees or possible rejection of the return.
OWC does not permit the return of, or offer refunds for, the following products:
- Custom-configured or products personalized to your specifications;
- Plasma TVs or accessories like mounting brackets and speakers relating to same;
- Opened earbuds, microphone accessories or microphones;
- Software that contains a printed software license if the seal or sticker on the software media packaging is broken;
- APC UPS Backup Products that are not factory sealed;
- Used media or consumables, including but not limited to: CD's, DVD's, Blu-rays, labels, Brain Toniq Think Drink, cleaning solutions or NLU ScreenGuardz for iPod;
- Clearance items, Garage Sale items or Open Box Units;
- Opened storage solution devices with voided warranties; or
- Product not purchased via OWC.
You are responsible for any loss or damage to the product during return shipping unless otherwise agreed to in writing by OWC. OWC recommends that you use a shipping option that will provide tracking and that you either insure your package for safe return or declare the full value of the shipment so that you are protected if the shipment is lost or damaged in transit.
OWC reserves the right to refuse a return, should any of the components be missing from the return shipment. If OWC accepts a return with missing components, OWC further reserves the right to charge the customer the fair market value for any missing components not returned with the product.
All authorized refunds will be refunded via the method of payment originally billed. Please note that OWC will process all refunds within 48 business hours of receipt of returned goods. All refunds are subject to the financial institutions' processing timelines. OWC is happy to answer any questions regarding our portion of the refund processing, but you may need to contact your financial institution for more details.
SHOULD A NON-OWC PRODUCT BE SHIPPED TO OWC IN A RETURN, OWC HAS THE RIGHT TO REFUSE THE RETURN. IF OWC ACCEPTS A RETURN WITH NON-OWC PRODUCT, OWC DOES NOT WARRANT OR TAKE RESPONSIBILITY FOR THE NON-OWC ITEMS THEMSELVES OR ANY DATA LOCATED ON SAID ITEMS. CUSTOMER SHOULD NOTIFY OWC IF THEY INTEND TO SEND NON-OWC PRODUCTS DURING THE RETURN PROCESS. OWC WILL MAKE EVERY ATTEMPT TO ACCOMMODATE OUR CUSTOMER'S REQUESTS, BUT WILL NOT ACCEPT RESPONSIBILITY FOR SUCH ITEMS. NON-OWC ITEMS ARE SENT AT THE CUSTOMER'S RISK.
If you are an APO/FPO customer and outside the domestic delivery area, the standard OWC Return and Refund Policy applies, but you are responsible for shipping the product back to a state-side return address plus handling, duties, fees and customs. OWC does not currently authorize Cross Shipping for APO/FPO customers.
All transactions, including returns, refunds and exchanges are performed in USD currency.
Resale or Export
OWC reserves the right to refuse or cancel your order if OWC suspects you are purchasing for unauthorized resale or export. Additional terms for resale or export may apply.
Third party products are sold "AS IS" but may be accompanied by a manufacturers' warranty. OWC sells "AS IS" products as is, where is, and with all faults, and without express or implied warranties from OWC. If applicable and assignable, OWC will assign to you any available original equipment manufacturer's warranties.
All Limited Warranties are incorporated herein by this reference. BY PURCHASING FROM THE SITE, WHETHER YOU PLACE YOUR ORDER ONLINE OR BY TELEPHONE, YOU ACKNOWLEDGE THAT YOU HAVE HAD AN OPPORTUNITY TO REVIEW THE APPLICABLE WARRANTY TERMS, HAVE DONE SO TO THE DEGREE YOU NEED TO BE FAMILIAR WITH THEM, AND YOU ACCEPT THEIR TERMS AND CONDITIONS, INCLUDING THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS THEREIN.
OWC is not responsible for damage arising from lost passwords or failure to follow instructions relating to a product's use, installation, maintenance, shipping or storage. OWC is not responsible for: (a) damage to consumable parts, such as batteries, unless damage has occurred due to defect in materials or workmanship; (b) cosmetic damage, including but not limited to scratches and dents; (c) damage caused by use with non-OWC products; (d) damage caused by accident, abuse, misuse, flood, fire, earthquake, or other external causes; (e) damage caused by operating the product outside the permitted or intended uses as described by OWC, which shall include but is not limited to "Mining" (e.g., Cryptocurrency, Data Mining, Mining Farms); (f) damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of OWC or an OWC authorized service provider; (g) a product or part that has been modified to alter functionality or capability without the written permission of OWC; (h) opened storage solution devices or (i) any product where the serial number has been removed or defaced.
In the case of a replacement, OWC reserves the right to replace defective products under warranty with an equivalent or higher graded item. In limited cases OWC may choose to issue a refund, at its sole discretion, reflecting the warranty remaining on the product.
Incomplete or Damaged Shipments; Exchanges
You must report any incomplete, incorrect, or physically damaged shipment to OWC within 48 hours of shipment receipt. Customer Service Representatives can be reached during our Regular Business Hours by calling 1-800-275-4576 (toll free) or +1-815-338-8685 (international), Option 2.
OWC does allow the exchange of approved items. Please see the Returns Policy for the specific terms pertaining to your product. You must obtain a Return Merchandise Authorization (RMA) to exchange your product. To obtain an RMA number, follow the terms and conditions for return authorization set forth above. The same rules and restrictions apply.
When a direct replacement for the exact model number or part number is not available, OWC reserves the right to exchange the product with a product that is equivalent or better in performance and reliability and is at least functionally equivalent to the original product, or to refund the product purchase price.
Certain products are sold with an Advance/Cross-Ship Replacement limited warranty. To ship out an Advance Replacement product or components, we will first need to place an authorization on a credit card for the current market value of said item and its shipping cost. No portion of this authorization will be turned into a charge as long as the product to be replaced arrives at OWC within 15 days of the advance replacement invoice date. All items being returned must be well packaged and in perfect condition (outside of any manufacturer defect), including all components, parts, cables, manuals, and boxes. If anything is missing or damaged, the returned shipment could be refused in its entirety and the authorization could be charged partially or in full to cover the missing or damaged components. It is our desire to provide a service in offering an Advance Replacement. Please let us know if there are any extenuating circumstances like missing components or damage. If the product or components pass testing when they arrive, there will be a 5% handling fee. Please take advantage of our tech support and online troubleshooting tips before sending a product back.
ADVANCED/CROSS-SHIP REPLACEMENTS SHIPPED OUTSIDE OF THE UNITED STATES ARE SUBJECT TO ALL NATIONAL, FEDERAL, STATE OR LOCAL TAXES, DUTIES OR OTHER IMPORT FEES. AT THIS TIME, OWC DOES NOT COLLECT ANY OF THESE FEES DURING THE CHECKOUT PROCESS AND CUSTOMER IS SOLELY RESPONSIBLE FOR ANY FEES ASSESSED.
Protection of Data
If your product is capable of storing software programs, data and other information, you should make periodic backup copies of the information contained on the product's hard drive or other storage media to protect the contents and as a precaution against possible operational failures.
Before you ship your product for warranty service, it is your responsibility to keep a separate backup copy of the contents, and disable any security passwords. It is possible that the contents of your hard drive or other product will be lost or reformatted in the course of service, and OWC and its employees and agents are not responsible for any damage to or loss of programs, data, or other information contained on the media or any part of the product serviced.
While OWC does not generally, during the course of completing service or repairs, review the personal data, information, or content stored in customer devices, such data, information, or content may be viewed inadvertently or purposely at the request of customer or as needed to complete repairs or service. Any personal information the customer does not wish to be viewed should be removed prior to being sent to OWC. OWC reserves the right at all times to disclose any such data, content, or information that OWC deems necessary to comply with any applicable law, regulation, legal process or governmental request.
OWC IS NOT RESPONSIBLE FOR ANY LOSS, CORRUPTION OR DESTRUCTION OF DATA ON ANY HARD DRIVE AS PART OF A STORAGE SOLUTION, UNLESS OTHERWISE SPECIFIED IN THE PRODUCT WARRANTY SECTION OF THE PRODUCT INFORMATION PAGE ON OWC. OWC will not be held liable in any manner for the recovery or restoration of any data lost. To maximize your data protection, OWC recommends that you keep an additional copy of your data in a completely different location.
OWC sells a wide variety of products from multiple manufacturers and cannot control all aspects of manufacturing, delivery or use.
OWC SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, LOST PROFITS, DOWNTIME, TECHNICIAN FEES, LOSS OF GOODWILL, DAMAGE TO OR REPLACEMENT OF EQUIPMENT AND PROPERTY, AND ANY COSTS OF RECOVERING, REPROGRAMMING OR REPRODUCING ANY PROGRAM OR DATA STORED IN OR USED WITH ANY PRODUCT PURCHASED FROM OWC.
OWC SPECIFICALLY DISCLAIMS ANY LIABILITY FOR ANY PROBLEM THAT IS CAUSED BY COMMERCIAL USE, ACCIDENT, ABUSE, MISUSE, NEGLECT, SHOCK, ELECTROSTATIC DISCHARGE, HEAT OR HUMIDITY BEYOND PRODUCT SPECIFICATIONS, IMPROPER INSTALLATION, OPERATION, MAINTENANCE OR MODIFICATION, LOST PASSWORDS OR MANFUNCTIONS CAUSED BY OTHER EQUIPMENT
Entire Agreement; Modification
These Terms of Sale are the complete, final and exclusive statement of the terms of the agreement between the parties and supersede any and all other prior and contemporaneous negotiations and agreements, whether oral or written, between them relating to the subject matter hereof. These Terms of Sale may not be varied, modified, altered, or amended except in writing and signed by both parties. The terms and conditions of these Terms of Sale shall prevail notwithstanding any variance with the terms and conditions of any acknowledgment or other document submitted by Purchaser. Notwithstanding the foregoing, these Terms of Sale will not supersede or take the place of any written agreement which is signed by both parties and covers the same subject matter as this Agreement or its related purchase orders.
OWC shall not be liable for any losses, damages, or costs resulting from a delay caused by circumstances beyond OWC's control, including, but not limited to, acts of God, floods, acts of war or terrorism, strikes, material or labor shortages, accidents and other disasters, riots or insurrections, embargoes, or other delays in transportation or production beyond OWC's reasonable control.
AS PERMITTED BY APPLICABLE LAW, OWC SPECIFICALLY DISCLAIMS ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS.
IF OWC CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES, THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE STATUTORY MAXIMUM IN THE APPLICABLE JURISDICTION OR FOR THE DURATION OF THE EXPRESS WARRANTY AND TO REPAIR OR REPLACEMENT SERVICE AS DETERMINED BY OWC IN ITS SOLE DISCRETION.
EXCEPT AS SPECIFICALLY PROVIDED OTHERWISE, AND TO THE EXTENT PERMITTED BY LAW, OWC IS NOT RESPONSIBLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF PROFITS; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; DAMAGE TO OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH OWC PRODUCTS AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT.
OWC DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY PRODUCT OR MAKE A PRODUCT EXCHANGE WITHOUT RISK TO OR LOSS OF THE PROGRAMS OR DATA.
Governing Law; Arbitration
This Agreement shall be construed in accordance with and all disputes hereunder shall be governed by the laws of the State of Illinois as applied to contracts made and to be performed in Illinois, without applying conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to this Agreement. Any dispute arising from or relating to the subject matter of this Agreement that cannot be resolved thereby within a period of thirty (30) days after written notice of a dispute has been given by one party hereunder to the other, shall be finally settled by arbitration in McHenry County, Illinois, using the English language in accordance with the Arbitration Rules and Procedures of JAMS (“JAMS”) then in effect, by one (1) arbitrator with substantial experience in resolving complex commercial contract disputes, who will be chosen from the appropriate list of JAMS arbitrators. If the parties cannot agree upon the identity of an arbitrator within fifteen (15) days following the Arbitration Date, then an arbitrator shall be selected on an expedited basis in accordance with the Arbitration Rules and Procedures of JAMS. Any arbitrator so selected shall have substantial experience in the networking industry. The arbitrator shall have the authority to grant specific performance and to allocate between the parties the costs of arbitration (including service fees, arbitrator fees and all other fees related to the arbitration) in such equitable manner as the arbitrator may determine. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for preliminary injunctive relief pending a final decision by the arbitrator, provided that a permanent injunction and damages shall only be awarded by the arbitrator. The parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the McHenry County, Illinois.