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Service Agreement for Computer Repair This is an agreement between a computer service company and a customer for computer repair services. This agreement covers all of the necessary and essential of the computer repair service and may be customized by the contracting parties to ensure that their understandings are properly set forth. In addition, this agreement provides details about the different types of warranties that are provided along with the computer repair service. This agreement can be used by small businesses that offer computer repair services in order to provide their consumers with a detailed and organized agreement.
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Service Agreement for Computer Repair Agreement made on the (date), between (Name of Service Provider) of (street address, city, state, zip code), referred to herein as Service Provider, and (Name of Customer), of (street address, city, state, zip code), referred to herein as Customer. For and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the parties agree as follows: All references such as we, our, or us are to Service Provider or any employee of Service Provider. All references such as you or your are to the Customer and those using the services we provide. All references to system or computer refer to the Personal Computer or Macintosh product that will be serviced by us. 1.
2. All labor comes with a (number) day warranty. If at any point during the first (number) days of the computer being delivered are you unsatisfied with the work done that relates to the service you had chosen, we will resolve the issue at no charge. The (number) day warranty begins from the time the computer was delivered the first time. If a computer is worked on a second time for the same service within the (number) day warranty, the warranty still stands from the first point at which it was delivered. If a new service is performed that is unrelated to the original service performed, a new warranty period begins for that service. 3. Used hardware components come with no warranty and are non-refundable. Many of the parts we have available, especially laptop motherboards, are used. You will always be notified whether or not the part we will install is used or brand new. All new hardware components come with a (number) year warranty. However, if the hardware of the system has been changed since the time the computer was checked in and documentation of another computer shop installing the part cannot be presented, the warranty is then void. 4. Software comes with no warranty and is non-refundable. This includes all Operating Systems, Antivirus Software, and all Programs installed on a system. Software will be correctly configured from the time the computer is delivered. Altering the settings should be done at your own risk. 5. In the case that a technician of Service Provider discovers illegal content such as pirated software or child pornography, we will notify the appropriate law enforcement authorities. If we have substantial evidence that a system is stolen, we will also notify the appropriate law enforcement authorities. We do not condone the use of pirated software and only repair computers with licensed versions of Microsoft Windows and Mac OS X. In the case that we discover a computer with an illegal or "cracked" copy of Microsoft Windows or Mac OS X, we will you with options to properly activate your copy of Windows, usually requiring the purchase of a license.
© Copyright 2012 Docstoc Inc. ed document proprietary, copy not
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6. Labor may be paid for either before or after the work is completed for systems that are picked up to be serviced. When the work is completed, you will be ed and notified of all work done and to schedule a time to for us to deliver the system. All parts and labor must be paid in full prior to the system being delivered. Under no circumstances will we deliver a system for partial payment. We also do not have a credit or payment program. In the case that you cannot pay for the work done for any reason, we will keep the computer for up to (number) days from the time of initial date, periodically ing you. 7. For labor done on-site, all charges will be made prior to the start of the work. Technicians never travel alone for on-site computer repair. In the case that you refuse to pay for the services prior to the start of the work, the technicians may leave the site at any time. It is your responsibility to make arrangements for somebody to be present at the time that the technicians arrive and throughout the entire time the technicians are present. If nobody is present, the technicians may leave at anytime, and you will be ed to reschedule the appointment. 8. All diagnostic services are non-refundable. You understand that the diagnostic services we offer are to simply tell you what is causing the issue with the computer. This charge does not include the labor to repair the computer. However, if you decide to choose a different labor of greater value, the charge for the diagnostics will be credited to the service chosen to then repair the computer and you will only be charged the difference in price. 9. The Data Recovery Service does not guarantee that any or all of your data will be recovered. Our Data Recovery Service can only attempt to recover data off of a hard drive that is fully functional. In the case that a hard drive doesn't function and you are still interested retrieving the data, we can refer you to someone who solely deals with broken hard drives. 10. Severability. The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 11. No Waiver. The failure of either party to this Agreement to insist upon the performance of any of the and conditions of this Agreement, or the waiver of any breach of any of the and conditions of this Agreement, shall not be construed as subsequently waiving any such and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 12. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of (name of state). 13. Notices. Unless provided herein to the contrary, any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given © Copyright 2012 Docstoc Inc. ed document proprietary, copy not
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when sent by certified or ed mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 14. Mandatory Arbitration. Notwithstanding the foregoing, and anything herein to the contrary, any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 15. Entire Agreement. This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 16. Modification of Agreement. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 17. Assignment of Rights. The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 19. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. WITNESS our signatures as of the day and date first above stated.
__________________________ (Signature of Service Provider) (Printed Name of Service Provider)
_________________________ (Signature of Customer) (Printed Name of Customer)
© Copyright 2012 Docstoc Inc. ed document proprietary, copy not
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INFORMATION AND FORMS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL DOCSTOC, INC., OR ITS AGENTS, OFFICERS, ATTORNEYS, ETC., BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF DOCSTOC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. They are for guidance and should be modified by you or your attorney to meet your specific needs and the laws of your state or jurisdiction. Use at your own risk. Docstoc® is NOT providing legal or any other kind of advice and is not creating or entering into an Attorney-Client relationship. The information, reports, and forms are not a substitute for the advice of your own attorney. The law is a personal matter and no general information or forms or like the kind Docstoc provides can always correctly fit every circumstance. Note: Carefully read and follow the Instructions and Comments contained in this document for your customization to suit your specific circumstances and requirements. You will want to delete the Instructions and Comments from open bracket (“[“) to close bracket (“]”) after reading and following them. You (or your attorney) may want to make additional modifications to meet your specific needs and the laws of your state. The Instructions and Comments are not a substitute for the advice of your own attorney. ◊ Where within this document you see this symbol: ◊ or an instruction states “Insert any number you choose◊,” or something similar, or there is a blank for the to complete, please note that although Docstoc believes the information or number may be any that the chooses, and that there is no law governing what the information or number should be, you might want to this, including by consulting with your own attorney practicing in your state. Because the law is different from jurisdiction to jurisdiction and the laws are subject to change, Docstoc cannot guarantee—and disclaims all guarantees—that it is correct for the information or number to be anything that the chooses. The information, forms, instructions, tips, comments, decision tree alternatives and choices, reports, and services in and through Docstoc are not legal advice, but are general information / forms on general issues often encountered designed to help Docstoc s, , purchasers, and subscribers address their own needs. But information, including tips, general forms, instructions, comments, decision tree alternatives and choices, and reports, no matter how seemingly customized to conform to the laws and regulations applicable to you, is not the same as legal advice, which may be the specific application of laws and regulations by lawyers licensed to practice law in your state to the specific circumstances and needs of individuals and entities. Some states, counties, municipalities, and other governmental divisions, have highly specific laws and regulations, and our information / forms / reports may not take all those specific laws and regulations into consideration, although we tried to do so. Docstoc is not a law firm and the employees and contractors (including attorneys, if any) of Docstoc are not acting as your attorneys, and none of them are a substitute for the advice of your own attorney licensed to practice law in your state. The employees or contractors of Docstoc, who wrote or modified any form, instructions, tips, comments, decision tree alternatives and choices, and reports, are NOT providing legal or any other kind of advice and are not creating or entering into an Attorney-Client relationship. Any such form, instruction, tips, comments, decision tree alternatives and choices, and reports were most likely NOT prepared or reviewed by an attorney licensed to practice law in your state, and, therefore, the employees or contractors could not provide you with legal advice even if they or Docstoc wanted to. Even though we take every reasonable effort to attempt to make sure our information / forms / reports are accurate, up to-date, and useful, we recommend that you consult a lawyer licensed to practice law in your state if you want professional assurance that our information, forms, instructions, tips, comments, decision tree alternatives and choices, and reports; your interpretation of it or them; and the information and input that you provide are appropriate to your particular situation. Application of these general principles and wording to particular circumstances should be done by a lawyer who has consulted with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles and general wording, you might want to hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The information, forms, instructions, tips, comments, decision tree alternatives and choices, and reports, available on and through Docstoc are not legal advice and are not guaranteed to be correct, complete, accurate, or up-to-date. Because the law is different from jurisdiction to jurisdiction, they are subject to changes, and there are varying interpretations and applications by different courts and governmental and istrative bodies, and Docstoc cannot guarantee—and disclaims all guarantees—that the information, forms, and reports on or through the site and services are completely current or accurate. Please further note that laws change and are regularly amended; therefore, the provisions, names, and section numbers of statutes, codes, or regulations, and the types of permits or licenses within any forms or reports, may not be 100% correct, as they may be partially or wholly out of date and some relevant ones may have been omitted or misinterpreted. Docstoc is not permitted to engage in the practice of law. Docstoc is prohibited from providing any kind of advice, explanation, opinion, or recommendation to a consumer about possible legal rights, remedies, defenses, options, selection, or completion of forms or strategies. Communications between you and Docstoc may be protected by our (http://.docstoc.com/privacypolicy), but are NOT protected by the attorney-client privilege or work product doctrine since Docstoc is not a law firm and is not providing legal advice. No Docstoc employee, contractor, or attorney is authorized to provide you with any advice about what information (again, which includes forms) to use or how to use or complete it or them. Entire document copyright © Docstoc®, Inc., 2010 - 2013 All Right Reserved
© Copyright 2012 Docstoc Inc. ed document proprietary, copy not
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© Copyright 2012 Docstoc Inc. ed document proprietary, copy not
1
Service Agreement for Computer Repair Agreement made on the (date), between (Name of Service Provider) of (street address, city, state, zip code), referred to herein as Service Provider, and (Name of Customer), of (street address, city, state, zip code), referred to herein as Customer. For and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the parties agree as follows: All references such as we, our, or us are to Service Provider or any employee of Service Provider. All references such as you or your are to the Customer and those using the services we provide. All references to system or computer refer to the Personal Computer or Macintosh product that will be serviced by us. 1.
2. All labor comes with a (number) day warranty. If at any point during the first (number) days of the computer being delivered are you unsatisfied with the work done that relates to the service you had chosen, we will resolve the issue at no charge. The (number) day warranty begins from the time the computer was delivered the first time. If a computer is worked on a second time for the same service within the (number) day warranty, the warranty still stands from the first point at which it was delivered. If a new service is performed that is unrelated to the original service performed, a new warranty period begins for that service. 3. Used hardware components come with no warranty and are non-refundable. Many of the parts we have available, especially laptop motherboards, are used. You will always be notified whether or not the part we will install is used or brand new. All new hardware components come with a (number) year warranty. However, if the hardware of the system has been changed since the time the computer was checked in and documentation of another computer shop installing the part cannot be presented, the warranty is then void. 4. Software comes with no warranty and is non-refundable. This includes all Operating Systems, Antivirus Software, and all Programs installed on a system. Software will be correctly configured from the time the computer is delivered. Altering the settings should be done at your own risk. 5. In the case that a technician of Service Provider discovers illegal content such as pirated software or child pornography, we will notify the appropriate law enforcement authorities. If we have substantial evidence that a system is stolen, we will also notify the appropriate law enforcement authorities. We do not condone the use of pirated software and only repair computers with licensed versions of Microsoft Windows and Mac OS X. In the case that we discover a computer with an illegal or "cracked" copy of Microsoft Windows or Mac OS X, we will you with options to properly activate your copy of Windows, usually requiring the purchase of a license.
© Copyright 2012 Docstoc Inc. ed document proprietary, copy not
2
6. Labor may be paid for either before or after the work is completed for systems that are picked up to be serviced. When the work is completed, you will be ed and notified of all work done and to schedule a time to for us to deliver the system. All parts and labor must be paid in full prior to the system being delivered. Under no circumstances will we deliver a system for partial payment. We also do not have a credit or payment program. In the case that you cannot pay for the work done for any reason, we will keep the computer for up to (number) days from the time of initial date, periodically ing you. 7. For labor done on-site, all charges will be made prior to the start of the work. Technicians never travel alone for on-site computer repair. In the case that you refuse to pay for the services prior to the start of the work, the technicians may leave the site at any time. It is your responsibility to make arrangements for somebody to be present at the time that the technicians arrive and throughout the entire time the technicians are present. If nobody is present, the technicians may leave at anytime, and you will be ed to reschedule the appointment. 8. All diagnostic services are non-refundable. You understand that the diagnostic services we offer are to simply tell you what is causing the issue with the computer. This charge does not include the labor to repair the computer. However, if you decide to choose a different labor of greater value, the charge for the diagnostics will be credited to the service chosen to then repair the computer and you will only be charged the difference in price. 9. The Data Recovery Service does not guarantee that any or all of your data will be recovered. Our Data Recovery Service can only attempt to recover data off of a hard drive that is fully functional. In the case that a hard drive doesn't function and you are still interested retrieving the data, we can refer you to someone who solely deals with broken hard drives. 10. Severability. The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. 11. No Waiver. The failure of either party to this Agreement to insist upon the performance of any of the and conditions of this Agreement, or the waiver of any breach of any of the and conditions of this Agreement, shall not be construed as subsequently waiving any such and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 12. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of (name of state). 13. Notices. Unless provided herein to the contrary, any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given © Copyright 2012 Docstoc Inc. ed document proprietary, copy not
3
when sent by certified or ed mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 14. Mandatory Arbitration. Notwithstanding the foregoing, and anything herein to the contrary, any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 15. Entire Agreement. This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 16. Modification of Agreement. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 17. Assignment of Rights. The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 19. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. WITNESS our signatures as of the day and date first above stated.
__________________________ (Signature of Service Provider) (Printed Name of Service Provider)
_________________________ (Signature of Customer) (Printed Name of Customer)
© Copyright 2012 Docstoc Inc. ed document proprietary, copy not
4
INFORMATION AND FORMS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL DOCSTOC, INC., OR ITS AGENTS, OFFICERS, ATTORNEYS, ETC., BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF DOCSTOC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. They are for guidance and should be modified by you or your attorney to meet your specific needs and the laws of your state or jurisdiction. Use at your own risk. Docstoc® is NOT providing legal or any other kind of advice and is not creating or entering into an Attorney-Client relationship. The information, reports, and forms are not a substitute for the advice of your own attorney. The law is a personal matter and no general information or forms or like the kind Docstoc provides can always correctly fit every circumstance. Note: Carefully read and follow the Instructions and Comments contained in this document for your customization to suit your specific circumstances and requirements. You will want to delete the Instructions and Comments from open bracket (“[“) to close bracket (“]”) after reading and following them. You (or your attorney) may want to make additional modifications to meet your specific needs and the laws of your state. The Instructions and Comments are not a substitute for the advice of your own attorney. ◊ Where within this document you see this symbol: ◊ or an instruction states “Insert any number you choose◊,” or something similar, or there is a blank for the to complete, please note that although Docstoc believes the information or number may be any that the chooses, and that there is no law governing what the information or number should be, you might want to this, including by consulting with your own attorney practicing in your state. Because the law is different from jurisdiction to jurisdiction and the laws are subject to change, Docstoc cannot guarantee—and disclaims all guarantees—that it is correct for the information or number to be anything that the chooses. The information, forms, instructions, tips, comments, decision tree alternatives and choices, reports, and services in and through Docstoc are not legal advice, but are general information / forms on general issues often encountered designed to help Docstoc s, , purchasers, and subscribers address their own needs. But information, including tips, general forms, instructions, comments, decision tree alternatives and choices, and reports, no matter how seemingly customized to conform to the laws and regulations applicable to you, is not the same as legal advice, which may be the specific application of laws and regulations by lawyers licensed to practice law in your state to the specific circumstances and needs of individuals and entities. Some states, counties, municipalities, and other governmental divisions, have highly specific laws and regulations, and our information / forms / reports may not take all those specific laws and regulations into consideration, although we tried to do so. Docstoc is not a law firm and the employees and contractors (including attorneys, if any) of Docstoc are not acting as your attorneys, and none of them are a substitute for the advice of your own attorney licensed to practice law in your state. The employees or contractors of Docstoc, who wrote or modified any form, instructions, tips, comments, decision tree alternatives and choices, and reports, are NOT providing legal or any other kind of advice and are not creating or entering into an Attorney-Client relationship. Any such form, instruction, tips, comments, decision tree alternatives and choices, and reports were most likely NOT prepared or reviewed by an attorney licensed to practice law in your state, and, therefore, the employees or contractors could not provide you with legal advice even if they or Docstoc wanted to. Even though we take every reasonable effort to attempt to make sure our information / forms / reports are accurate, up to-date, and useful, we recommend that you consult a lawyer licensed to practice law in your state if you want professional assurance that our information, forms, instructions, tips, comments, decision tree alternatives and choices, and reports; your interpretation of it or them; and the information and input that you provide are appropriate to your particular situation. Application of these general principles and wording to particular circumstances should be done by a lawyer who has consulted with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles and general wording, you might want to hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The information, forms, instructions, tips, comments, decision tree alternatives and choices, and reports, available on and through Docstoc are not legal advice and are not guaranteed to be correct, complete, accurate, or up-to-date. Because the law is different from jurisdiction to jurisdiction, they are subject to changes, and there are varying interpretations and applications by different courts and governmental and istrative bodies, and Docstoc cannot guarantee—and disclaims all guarantees—that the information, forms, and reports on or through the site and services are completely current or accurate. Please further note that laws change and are regularly amended; therefore, the provisions, names, and section numbers of statutes, codes, or regulations, and the types of permits or licenses within any forms or reports, may not be 100% correct, as they may be partially or wholly out of date and some relevant ones may have been omitted or misinterpreted. Docstoc is not permitted to engage in the practice of law. Docstoc is prohibited from providing any kind of advice, explanation, opinion, or recommendation to a consumer about possible legal rights, remedies, defenses, options, selection, or completion of forms or strategies. Communications between you and Docstoc may be protected by our (http://.docstoc.com/privacypolicy), but are NOT protected by the attorney-client privilege or work product doctrine since Docstoc is not a law firm and is not providing legal advice. No Docstoc employee, contractor, or attorney is authorized to provide you with any advice about what information (again, which includes forms) to use or how to use or complete it or them. Entire document copyright © Docstoc®, Inc., 2010 - 2013 All Right Reserved
© Copyright 2012 Docstoc Inc. ed document proprietary, copy not
5
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