Customer shall pay MCC the amount and in the manner described on the Payment Schedule. Unless the Work is described in the Payment Schedule as being performed for a Fixed Price, Customer agrees to compensate MCC on a time and materials basis. Any estimates furnished by MCC are for Customer’s information only, reflect MCC’s best estimate at the time made, and are not binding on MCC.
2. Software and Data Stored on Computer.
Customer is solely responsible for backing up all software, data, and setup/configuration information prior to commencement of any Work. In no event shall MCC be liable to Customer for lost, altered or corrupted data, software, or setup/configuration information. Without limitation, MCC is not responsible for restoration of software and operating systems.
3. MCC’s Warranty.
MCC represents and warrants that it shall use commercially reasonable efforts to perform the Work in a timely and professional manner and that consequently its Work shall be free from material defect for a period of 90 days after it performs the Work (the “Warranty Period”) when used under conditions for which it was designed and in compliance with manufacturer’s instructions. MCC expressly disclaims any other representations and warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose. If Customer believes that MCC’s Work is materially defective, Customer must notify within a reasonable time and in all events before the expiration of the Warranty Period. If MCC determines, in its reasonable discretion, that its Work is materially defective, MCC shall use its best efforts to remedy the defect (either by repair or replacement, as elected by MCC) in a timely matter. If the Work was performed at MCC’s facility, then Customer is responsible for returning the computer to MCC’s facility for such repair or replacement at Customer’s expense. MCC has the option to repair or replace the defective part or product with a like part or product of equal or similar features, specifications, and functionality. Replacement parts and products may be new or reconditioned of like kind and quality.
4. Limitation of Liability.
The remedies of Customer set forth in paragraph 3 are exclusive.
The total liability and obligation of MCC, whether based on contract, warranty, negligence, indemnification, strict liability or otherwise, shall not exceed the value of the hardware upon which the Work was performed. In no event shall MCC be liable for consequential, incidental or special damages, loss of use, lost profits, inconvenience or delay, or any like damage, even if MCC has been advised of the possibility of such damages in advance.
5. Representations and Warranties.
Customer represents and warrants to MCC that (a) Customer has the right to use all hardware and software on the computer; and (b) that Customer has complied with all applicable laws, statutes, ordinances, and governmental rules and regulations in acquiring and using all hardware and software on the computer.
A: This Agreement will be governed, construed, and interpreted under the laws of the State of Oregon, excluding principles of choice of law.
B: This Agreement constitutes the entire agreement between MCC and Customer with respect to the Work, and supersedes all promises, and representations made by one party to the other concerning the obligations to be performed hereunder, including any and all work proposals.
C: Certain restrictions may apply.
6-point PC Repair Check-up free with any service. A $29.95 value. Includes complete inventory of your system. Limited to one system only.
Installation of used hardware is subject to technician approval. Due to the age/condition and support of some used hardware it may not be able to be installed. We provide hardware on an as-needed basis. Market prices constantly change so quotes can be provided by a technician. (Mice; Keyboards; Memory; Hard Drives; CD, CDR, DVD; Drives are available.) †Hardware and software not included in price unless specified. Prices are subject to change to per hour basis, $99.00/hr for Drop-off or Mobile. Customer subject to additional charges for additional services rendered, including unforeseen problems that may arise during service, such as the discovery and removal of a virus. Certain restrictions may apply.