SALES AGREEMENT

TERMS AND CONDITIONS

 

 

THIS IS AN AGREEMENT BETWEEN MICRO DOCTOR, INC. AND THE PURCHASER OF

THE EQUIPMENT AND/OR SERVICES

 

1.  Micro Doctor, Inc.  is not the manufacturer of any equipment and therefore offers no warranties either expressed or implied for repairs of equipment purchased from Micro Doctor, Inc.  If the manufacturer of the equipment has a warranty in force, Micro Doctor, Inc.  will assist in procuring parts and labor in accordance with the manufacturer's terms, but does not accept responsibility for any warranties not honored by the manufacturer.

 

2. Micro Doctor, Inc.  labor is billed by the hour and does not guarantee the effectiveness of any repair, software change, or installation.  Micro Doctor, Inc.  only provides a service and does not guarantee results in a specified time period due to the complexity and compatibility of various manufacturer's software and/or hardware.

 

3.  All sales are final due to the fact that equipment is ordered, tested, and assembled for a customer's individual specifications and can not be resold without substantial reworking and labor costs.

 

4.  Micro Doctor, Inc.  does not specifically warrant the equipment and/or services as to fitness to any specific purpose nor does it guarantee its merchantability for a particular market. Micro Doctor carries standard Business Liability Insurance of one million dollars per occurrence to protect customers’ equipment.

 

5.  Micro Doctor, Inc. reserves the right to charge for telephone and modem support for technical assistance plus any applicable long distance rates.  These charges are subject to change without notice.

 

6.  The Purchaser has the sole responsibility for freight charges from Micro Doctor, Inc. to the Purchaser's specified delivery point.

 

7.  Taxes are the responsibility of the Purchaser.  Micro Doctor, Inc. is licensed in the States of Ohio and PA. to collect and remit sales tax.  It remains the responsibility of the Purchaser to pay sales and/or use taxes in any other state, country, and/or province.

 

8.  Upon delivery the Purchaser accepts responsibility for all loss, damage, or vandalism.  Micro Doctor, Inc. reserves title to the equipment sold hereunder as security for the performance of the Purchaser's obligations.  Should the Purchaser fail to perform any provision of this agreement or default in payment of any charges herein due, Micro Doctor, Inc. may remove and repossess any or all equipment herein with or without notice on demand all items listed in this contract.  Interest charges on unpaid balances over 30 days will accrue at the rate of 1.5% per month(18% per year).

 

9.  Integrity of the data contained in any device is the sole responsibility of the Purchaser and/or End User.  Micro Doctor, Inc. has no liability or responsibility for data recovery, the cost of data recovery, or the stated value of any unrecoverable data contained in any device purchased from Micro Doctor, Inc.  Additionally, Micro Doctor, Inc. shall not be responsible for the loss of use of the covered equipment for any reason, nor will Micro Doctor, Inc. be responsible for the loss of data or information resulting from any equipment malfunction, repair, or attempted repair.  It shall be the sole responsibility of the Purchaser and/or End User to ensure that a reliable and consistent method of data backup be maintained in the event of equipment failure or loss of the equipment by any means or method. 

 

10.  External case cleaning, adequate power sources, telephone and/or modem connections, power outlets, and phone jacks are the responsibility of the Purchaser and/or End User.  Unauthorized modifications and/or repairs by personnel that are not employed  and/or authorized by Micro Doctor, Inc. is prohibited.  Any damage caused by unauthorized personnel attempting to make repairs and/or modifications will not be covered by parts and/or labor warranty.  Damages caused by Acts of God (including but not limited to: Lightning, Flood, Tornado), electrical surges, static discharges, fire, or vandalism are excluded from any maintenance agreement and are completely billable to the Purchaser and/or end user.

 

11.  On service calls should a Micro Doctor, Inc. authorized and qualified technician find no reportable problem, operator error, or evidence of unauthorized attempts at repair or modification, the service call is billable to the Purchaser and/or End User at the current hourly rate at time of occurrence, with a one hour minimum.  Calls outside normal service contract hours are billable at 1.5 times the per hour rate at time of occurrence with a one hour minimum.  Travel in excess of 50miles from the Micro Doctor, Inc. service facility will be billed at the current hourly rate with a one hour minimum.  These rates are subject to change without notice.

 

12.    Should any clause of this agreement be found notwithstanding by competent court or law, only that clause shall be effected; all other clauses of this agreement shall be in effect.  Should legal action be pursued by Micro Doctor, Inc. to enforce any or all clauses of this agreement, all reasonable expenses and attorney fees shall be the responsibility of the Purchaser.

 

13. Micro Doctor Inc. shall not be held liable for any Year 2000 issues arising from work or products purchased by our customers. Micro Doctor will provide manufacturers’ Year 2000 compliance information and will assist companies seeking to become Year 2000 compliant. As consultants we use state of the art testing and compliance tools to ensure your Year 2000 compliance.