Customer ("you") assume all risk of loss of data from any and all causes or in any way related to or resulting from the sales, repair or service of products by F3 Tech Services ("us" or "we"). You releases us from any claim or liability related to any loss of data for any reason whatsoever, including due to our negligence. You agree that you are fully responsible for backing up all existing data before service, and we will have no liability for any reason whatsoever if you do not do so. If you ask us to back up your data, we will do so subject to the limits of the backup software and the integrity of your data. If our backup does not work, our maximum liability is a refund of the back up service fee
F3 Tech Services will not be responsible for items left over 30 days from the date of service completion or our reasonable attempt to notify you
Unless you pay for priority service, service requests are performed on a first-come, first-serve basis
Most manufacturer's warranties and extended service or technology assurance plans only cover hardware related repairs. Be sure you understand the terms and conditions of any warranties on your product( s) and the limitations of those warranties
The following are the terms and conditions pursuant to which F3 Tech Services ("us" or "we") shall provide Customer ("you") with services.
I. Services
You retain us to perform, or cause to be performed, services for you as described on the other side of this agreement "Services"). We may decline to perform any services requested by you that may be in violation of any applicable law or other obligation or that are not typically associated with our standard Services
II. Your Obligations
You agree to provide our personnel access to all equipment, data, disks or other needed materials for service, and to notify us of (I) any potential safety or health hazards that may exist at your location or with your equipment and (2) any safety procedures to be followed while at your location
YOU ARE SOLELY RESPONSIBLE FOR ANY DATA OR INFORMATION STORED IN, OR ON, ANY EQUIPMENT AND SHALL BE SOLELY RESPONSIBLE FOR MAKING "BACK-UP" OR SECURITY COPIES OF SUCH DATA OR INFORMATION
III. Terms of Termination
The term of this agreement will extend from the date listed on the front of this agreement to the completion of the service requested, unless terminated sooner. We can terminate this agreement, with or without cause, upon notice to you. If we terminate this
agreement, we will give you a pro-rata refund based on services performed up to the date of termination. We will not be in default of this agreement or be liable for any delay, failure in performance, or interruption of service resulting from any cause beyond our control
IV. Limitations and Warranty
With respect to any equipment, part, or component covered by a manufacturer's warranty, F3 Tech Services shall perform repair services pursuant to such warranty when authorized to act as an authorized service agent for such manufacturer in making warranty repairs. Otherwise, warranty questions or problems with respect to any equipment, parts or components must be addressed directly to the manufacturer by Customer. Customer must show proof of purchase to quality for warranty services. Replaced parts become property of F3 Tech Services or the respective manufacturer if exchange is required
Unless otherwise stated, all materials, supplies, parts, and other products supplied under this agreement are provided on an "AS IS" basis. EXCEPT WHERE PROHIBITED BY LAW, F3 Tech Services DISCLAIMS ALL WARANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY SERVICES, PARTS, COMPONENTS, OR PRODUCTS DELIVERED OR RENDERED HEREUNDER
LIMITATION OF LIABILITY
F3 Tech Services's entire liability, and your exclusive remedy, for damages from any cause
whatsoever, whether caused by any act, omission, or negligence of F3 Tech Services, or any employee, representative, agent, or contractor of F3 Tech Services, and regardless of the form of action, shall be limited to amounts actually paid by You for services hereunder. The foregoing limit does not apply to damages to tangible personal property or bodily injury legally caused by F3 Tech Services. In no event will F3 Tech Services be liable for damages caused by your acts, omissions or negligence, or
for special, incidental, indirect, punitive, or consequential damages, lost profits, loss of use of Equipment, loss of stored memory or data, cost of substitute equipment, or other incidental or related costs even if F3 Tech Services has been advised of the possibility of such damages or costs. or for any claim against you by any third party. The foregoing limitation shall apply notwithstanding any failure of essential purpose of any limited remedy provided herein
V. California Warranty Information
If your product is being serviced under a manufacturer's limited warranty California Civil Code 1793.1(a)(I) requires we inform you, "A buyer of this product in California has the right to have this product serviced or repaired during the warranty period.
The warranty period will be extended for the number of whole days that the product has been out of the buyer's hands for warranty repairs. If a defect exists within the warranty period. the warranty will not expire until the defect has been fixed. The warranty period will also be extended if the warranty repairs have not been performed due to delays caused by circumstances beyond the control of the buyer, or if the warranty repairs did not remedy the defect and the buyer notifies the manufacturer or seller of the failure of the repairs within 60 days after they were completed. If, after a reasonable number of attempts, the defect has not been fixed, the buyer may return this product for a replacement or a refund subject, in either case, to deduction of a reasonable charge for usage. This time extension does not affect the protections or remedies the buyer has under other laws. This paragraph does not apply to service plans, such as the Technology Assurance Program
VI. Entire Agreement
This agreement, including attachment(s) hereto, constitutes the entire agreement of the parties regarding the subject matter hereof, and supersedes all prior agreements and understandings, both written and oral, among the parties, or any of them, with respect to the subject matter hereof
This agreement may not be added to, modified, superseded, or otherwise altered, except by a written instrument signed by an authorized representative or officer of each party. F3 Tech Services's representatives (including management personnel, employees, and agents) have no authority to waive or amend this agreement, or any part of it, and no authority to make promises, representations, or agreements that impose duties or obligations on F3 Tech Services unless in writing
If any provision of this agreement is held to be illegal, invalid or unenforceable, such provision will be fully severable and this agreement will be construed an enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof, and the remaining provisions hereof will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance
If F3 Tech Services is providing services under a service plan you purchased, the terms and conditions of the service plan govern this service in the event of a conflict between these terms and conditions and the terms and conditions in the service plan
