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. offers warrenties only on the equipment it manufactures. Micro Doctor, Inc. is not the manufacturer of any other 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. 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 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.