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Computek Warranty Inc . agrees to provide hardware maintenance under this agreement to the customer_____________________________ for systems listed on the accompanying schedule, which lists pieces of computer equipment and/or their features. You may obtain service under this agreement by signing below where indicated, subject to acceptance by Computek Warranty Inc. The additional provisions on any attached schedule or appendix are a part of this agreement, which you acknowledge having read, understand, and agree to be bound according to their terms and conditions. You agree that this document constitutes the entire agreement of the parties, superseding all proposals, prior agreements (oral or written) and all other representations or communications between you and Computek Warranty Inc. and relating to the subject matter of this agreement, and no modification or amendment of this agreement shall be binding except if it is in writing and signed by both parties. TERMS AND CONDITIONSThis Agreement shall become effective on the date indicated above and will be binding for a ________________________ ( ) month initial period from ________________________ date and will automatically renew in one (1) year incremental periods, provided that either party may terminate this agreement after the initial period, with at least (30) days prior written notice of the anniversary date. Conditions: SERVICE AVAILABILITYMaintenance Service: Includes on call remedial maintenance, necessary inspections, cleaning, lubrication, adjustments, repair and replacement of unserviceable parts. Computek Warranty Inc., at its discretion, may replace the covered equipment in whole or in part with comparable equipment and may use remanufactured and refurbished parts and modules in performing service. Replacement parts and modules shall become customer's property; the replaced parts shall become the property of Computek Warranty Inc. with no obligation to return replaced parts. Charges and Payments: All applicable fees are due at contact signing date and can be refunded during the first thirty (30) days if customer has not received any service prior to cancellation date. All customers (except for Executive policy holders) in need of service outside service hours stated in their agreement will be charged $75 per hour (home area of 25 miles) and additional $50 for traveling outside specified service area. Any additional services not included in the contact, including those outside normal business hours, consumable replacement parts (toners, drums, paper, fusers) are subject to payment in the first thirty days (30) after the invoice date. Services for an Additional Charge: 1. If you request service outside Computek Warranty Inc.'s normal business hours, such service, when available, will be provided on a per call basis at Computek's hourly rate then in effect. 2. Repair of system damage, replacement of parts or increase in service time caused by any of the following: a) Neglect or misuse, including use of the system(s) for purposes other than which it was designed. b) Accident or disaster including damage from water, wind, lightning, transportation, vandalism, or burglary. c) Any electrical damage caused by electrical wiring at system location or by electrical damage resulting from electrical surges, sags, or spikes that exceed ten (10%) percent of the normal operating requirements as determined by the manufacturer, as tested by the Dranetz Power Line Monitor, Model No. 646 or equivalent test equipment, or resulting from electrical surges, sags, or spikes that are greater than five (5%) percent in amplitude but less than ten (10%) percent of the normal operating voltage where the occurrence is greater than once per cycle. d) Alterations, including any deviation from the manufacturer's system design e) Model conversions or installation or removal of manufacturer's features or other maintenance service not performed by Computek Warranty Inc. f) Refurbish system(s) or components of system(s) when normal support or maintenance of system(s) cannot keep system in good working order due to age. g) Electrical work external to the system(s) 3. Rearrangement or relocation of system(s) and provisions of necessary materials 4. Furnishing cabling, toner drums, supplies, painting or refinishing the system(s), or furnishing materials thereof. 5. System Upgrades 6. Software related issues 7. Problems caused by improper network configuration and failure. LIMITATIONS OF LIABILITY:Computek Warranty Inc. be liable for direct, indirect, special, exemplary or consequential damages, whether based on contract, representation, warranty or tort, arising out of this agreement in excess of the amount paid by you to Computek Warranty Inc. hereunder during the twelve (12) months preceding the first event which gives rise to claim. Coverage under this agreement shall NOT include failure arising under any of the following conditions: 1. Equipment that has been damaged due to accident, act of God, vandalism, misuses, neglect, improper installation or application, or other causes beyond the control of Computek Warranty Inc. 2. Equipment that has been altered without the express written authorization of Computek Warranty Inc., including, but not limited to, electrical, mechanical, or cosmetic alteration. 3. Supplies such as ribbons, ink, paper, platens and accessories are not included but will be furnished at current prices, if special call for installation, labor charge is applicable. 4. Failure caused by the addition, installation, removal and maintenance of accessories, attachments and software, including operating systems or other devices not covered by this agreement. 5. Computek Warranty Inc. will provide Data Restore on any computer system that has a hard drive failure. This coverage will include an initial attempt to restore any data on your hard drive and reload your software programs onto your hard drive. However, we will not provide DATA RECOVERY. Computek Warranty Inc. will reload any data that the customer has on back-up source or original floppy disk, but will not be able to recover date lost by the hard drive failure. IN NO EVENT SHALL COMPUTEK WARRANTY INC. BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES. EVEN IF COMPUTEK WARRANTY INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COMPUTEK WARRANTY INC. SHALL NOT BE LIABLE FOR ANY CLAIM BY CUSTOMER BASED ON ANY THIRD PARTY CLAIM OF ANY KIND WHATSOEVER. Acceptance: Acceptance: COMPUTEK WARRANTY INC. __________________________________ (Company Name) BY: _____________________ BY: __________________________________ (Authorized Signature) (Authorized Signature) Name: _____________________ Name: ญญญญญญญญญญญญญญญญญญญ __________________________________ (Print or Type) (Print or Type) |
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