Customers shall pay MCC the amount 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 set-up / 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 30 days after it performs the Work (the “Warranty Period”) when used under conditions for
which it was designed and in compliance with manufacture’s instructions. MCC expressly disclaims any other representations and warranties, including without limitation,
the implied warranties of events before the expiration of the Warranty Period. If MCC determines, in its reasonable discretion, that its work is materially defective,
Customer must notify within a reasonable time and in all events before 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.
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, statues and ordinances, and governmental rules and regulations in acquiring and using all hardware and software
on the computer.
6. Any items left in the care of MCC
Any items left in the care of MCC must be picked up within 45 days of drop off, unless awaiting parts for repair. Items that are unable to be repaired or where repair is
not desired by customer, must be picked up and removed from MCC’s premise within 45 days from drop off or MCC will assess a $50.00 disposal fee and said items will
be forfeited. MCC assumes no responsibility for items or information contained within once items have been forfeited for disposal.
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.
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, $100.00/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.