Computer Repair Terms and Conditions Agreement.
1- By accepting service from PC Medics of NJ LLC. you are acknowledging that you have read and understand these terms and conditions and agree to all these terms below.YOU AGREE TO THESE REPAIR TERMS AND ALL APPLICABLE SERVICE AND DIAGNOSTIC FEES.
2- You have requested service from PC Medics of NJ LLC. , will diagnose and service your computer/device for an applicable fee as described in Paragraph 3 below.
3- Services and Diagnostic Fee. PC Medics of NJ LLC. will attempt to determine, diagnose and repair your computer/device via telephone, internet, or on-site for an applicable fee. Sometimes a successful repair is not possible due to problems with your computer/device or its configuration. In these situations we may be unable to complete the necessary services or resolve the problem to complete the repair of your computer/device and/or digital technology. In these cases PC Medics of NJ LLC. is not liable for incomplete repairs and applicable services and diagnostic fees will remain due to PC Medics of NJ LLC.
4- Payment. Once the service option is chosen, payment in full for the actual costs incurred and the final sum owed, is due before the technician performs the repair. Should it be determined in the course of the performance of diagnostics that the problems on your computer/device are hardware based, PC Medics of NJ LLC. will notify you of same and you may take or send the hardware to a repair station of your choice or to PC Medics of NJ LLC. , for service on the hardware; diagnostic fees still apply as explained in Paragraph 3. No adequate estimate of that expense can be determined without actually testing the hardware.
5-Transfer or Installation Services. Unless otherwise agreed, PC Medics of NJ LLC. is not liable for and you agree to hold PC Medics of NJ LLC. and owner Eric Ducorsky harmless from any and all damages, costs, and expenses incurred as the result of any defect or damage to any software or data residing or recorded in your computer/device, whether incurred during the course of PC Medics of NJ LLC. services or otherwise. If service involves transferring information or installing software, you represent that you have the legal right to copy the information, to use the software and agree to the terms of the software license, and you authorize PC Medics of NJ LLC. to transfer the information and accept such terms on your behalf in performing the service. Under no circumstances will PC Medics of NJ LLC. be responsible for any software that is illegal or pirated under copyright law that resides on your computer.
6-Warranty. In servicing your computer, PC Medics of NJ LLC. warrants that service will be performed in a professional and timely manner. All services with the exception of virus removal, spyware, adware or malware are warranted for a period of 5 business days at the discretion of PC Medics of NJ LLC. . Extended Warranties are available for purchase.
7-THIS WARRANTY AND REMEDY ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL SERVICES PERFORMED FOR YOU BY PC Medics of NJ LLC. . PC Medics of NJ LLC. SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES WITH RESPECT TO SUCH ITEMS, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHETHER EXPRESS OR IMPLIED. IF PC Medics of NJ LLC. CANNOT LAWFULLY DISCLAIM IMPLIED WARRANTIES UNDER THIS LIMITED WARRANTY, ALL SUCH WARRANTIES, INCLUDING WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO THE DURATION OF THE EXPRESS LIMITED WARRANTY ONLY.
8-Limitation of Liability. IF ANY DAMAGE SHOULD OCCUR WHILE YOU’RE COMPUTER/DEVICE OR SYSTEMS ARE BEING SERVICED, PC Medics of NJ LLC. HAS NO LIABILITY FOR THE COST OF REPAIR OF THE AFFECTED COMPUTER. PC Medics of NJ LLC’s ENTIRE LIABILITY TO YOU FOR DAMAGES ARISING FROM ANY CAUSE WHATSOEVER WITH RESPECT TO THE SERVICE OF YOUR COMPUTER, WHETHER DUE TO PC Medics of NJ LLC. ERROR OR NEGLIGENCE OR TO ANY OTHER REASON, IS LIMITED TO THE AMOUNTS THAT YOU PAY PC Medics of NJ LLC. FOR SUCH SERVICE. PC Medics of NJ LLC. HAS NO LIABILITY WHATSOEVER FOR INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF USE, LOST PROFITS OR REVENUE, OR ANY OTHER DAMAGES WHATSOEVER NOT OTHERWISE EXPRESSLY PERMITTED UNDER THIS AGREEMENT. PC Medics of NJ LLC. EXPRESSLY HAS NO LIABILITY FOR LOSS OF OR DAMAGE TO DATA OR SOFTWARE APPLICATIONS WHILE PERFORMING SERVICE. YOUR ONLY REMEDY UNDER THE REPAIR TERMS AND CONDITIONS IS TO SEEK RECOVERY OF DAMAGES AGAINST PC Medics of NJ LLC. IN AN AMOUNT NOT TO EXCEED WHAT YOU PAID PC Medics of NJ LLC. FOR THE SERVICE.
9-Data Protection. You agree and understand that it is your (the customer’s) responsibility to maintain copies of ALL data on your computer/device, and to obtain such copies prior to authorizing PC Medics of NJ LLC. to commence its services for you.
10-This agreement shall be construed under the laws of the State of New Jersey. In the event any dispute arises under this agreement or in any manner concerning the subject matter thereof, the parties agree that any such dispute shall be subject to binding arbitration only, and the parties expressly waive any and all rights they may have to otherwise proceed with such dispute resolution in a court of law.
11-Any and all binding arbitration proceedings shall be undertaken as small claims court or special civil court proceedings depending on the amount disputed. They will be commenced in Camden County New Jersey. Each party shall bear its own costs and expenses of such proceedings, including any and all resulting attorney fees; provided, however, that the prevailing party in such proceedings may have the right to recover attorney fees against the opposing party if such fees are otherwise recoverable in disputes of that type under the laws of the State of New Jersey. This paragraph is intended to be and shall be construed as a forum selection clause, and the parties agree to bind hereto. By accepting service that PC Medics of NJ LLC offers you (customer) agree that you have made a backup copy of all data on your computer/device and that this is your responsibility. PC Medics of NJ LLC. staff, partners or affiliates are not responsible for lost, missing, unrecoverable or damaged data. (customer) agree that I am of legal age and agree and accept service from PC Medics of NJ LLC. By clicking the “I Agree” or “ok” button below or when remote repair request is sent. I will accept service from PC Medics of NJ LLC. and acknowledging that I have read and understand these terms and conditions and agree to all these terms. I AGREE TO THESE REPAIR TERMS AND ALL APPLICABLE SERVICE AND DIAGNOSTIC FEES.