TERMS & CONDITIONS
The sale of Equipment & Services by Computer Care Professional LLC to the Customer are subject to the following terms and conditions regardless of other terms and conditions
in any purchase order, document, or other communication of Customer. This agreement may only be modified in writing signed by authorized
representative of both Computer Care Professional LLC and Customer.
1. SCOPE OF WORK. This proposal is valid for 30 days from date of proposal. Beyond that time Computer Care Professional LLC reserves the right to revise any or all portions
of it. This proposal is based upon the use of straight time labor only unless stated otherwise in this proposal. Unless specifically noted in the statement
of the scope of the work or services undertaken by Computer Care Professional LLC under this agreement, Computer Care Professional LLC’s obligations under this agreement expressly exclude any work or service of any nature associated or connected with the identification, abatement, clean up, control, removal or disposal of
environment Hazards or dangerous substances, to include but not to be limited to asbestos, PCBs, or mold discovered in or on the premises.
Proceeding with the scope of work defined in this agreement indicates acceptance of the terms & conditions of the agreement.
2. INVOICING & PAYMENTS. Computer Care Professional LLC may invoice Customer for all materials delivered to the job site or to an off-site storage facility and for the work
performed on-site and off-site. Customer agrees to pay Computer Care Professional LLC amounts invoiced upon receipt of invoice. Waivers of lien will be furnished upon
request, as the work progresses; to the extent payments are received. If Computer Care Professional LLC’s invoice is not paid within 30 days of its issuance, it is delinquent
and Computer Care Professional LLC shall add 1% per month interest onto delinquent amounts.
3. WARRANTY. Computer Care Professional LLC is not the manufacturer of the Equipment, Products or Software. To the extent legally and contractually permitted,
Warranty period shall be 12 months from the date of delivery of the Equipment, Products or Software. For Equipment or Products installed by
Computer Care Professional LLC, if Customer provides written notice to Computer Care Professional LLC of any such defects within thirty (30) days after the appearance or discovery of such
defect, Computer Care Professional LLC shall, at its option, repair or replace the defective equipment and return said equipment to Customer.
COMPUTER CARE PROFESSIONAL LLC MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, SUCH AS WARRANTY OF MERCHANTABILITY, FITNESS FOR PURPOSE OR NON-
INFRINGMENT. COMPUTER CARE PROFESSIONAL LLC FURTHER DISCLAIMS THAT THESE WARRANTIES DO NOT EXTEND TO ANY EQUIPMENT DUE TO NORMAL WEAR AND TEAR OR
TO EQUIPMENT WHICH HAS BEEN REPAIRED BY OTHERS, ABUSED, NEGLECTED, ALTERED, IMPROPERLY USED, DAMAGED (WHETHER CAUSED BY
ACCIDENT OR OTHERWISE), MODIFIED, USED FOR PURPOSES OTHER THAN MANUFACTURER’S INTENTION, OR WHICH HAS NOT BEEN PROPERLY AND
REASONABLY MAINTAINED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION
MAY NOT APPLY TO CUSTOMER. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED IN DURATION TO THE WARRANTY PERIOD.
4. INDEMNIFICATION. Customer shall indemnify, defend and hold Computer Care Professional LLC harmless from any claims based on (i) Computer Care Professional LLC compliance with
Customer’s designs, specifications, instructions, (ii) modification of any Product by anyone other than Computer Care Professional LLC (iii) negligent act or omission by
Customer, (iv)breach of this agreement. UNDER NO CIRCUMSTANCES SHALL COMPUTER CARE PROFESSIONAL LLC, ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY OF THE
FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY; DAMAGES CLAIMS BY ANY THIRD PARTY, WHETHER OR NOT THE CLAIMS ARE BASED IN
CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE; LOSS OF, DAMAGE TO, DATA; SPECIAL, INCIDENTAL,
CONSEQUENTIAL, EXEMPLARY, PUNITIVE, INDIRECT DAMAGES, OR ANY ECONOMIC CONSEQUENITAL DAMAGES; OR LOST PROFITS, BUSINESS
REVENUE, GOODWILL, OR ANTICIPATED SAVINGS.
5. LIMITATION OF LIABILITY. Computer Care Professional LLC’s entire liability to Customer in the aggregate is limited to Customer’s direct damages up to an amount not to
exceed $10,000.
6. TAXES. The price of this proposal does not include duties, sale, use, excise or other similar taxes unless required by federal, state or local law or
unless stated otherwise in this proposal. Customer shall pay, in addition to the stated price, all taxes not legally required to be paid by Computer Care Professional LLC
or, alternatively, shall provide Computer Care Professional LLC with acceptable tax exemption certificates.
7. FORCE MAJEURE/DELAYS. Computer Care Professional LLC shall not be liable for any delay or failure to fulfill its obligations under this agreement due to causes beyond
its reasonable control resulting from or attributed to acts of circumstances beyond Computer Care Professional LLC’s control, including but not limited to epidemics,
pandemics, acts of God, man-made or natural disasters, medical crisis, criminal acts, transportation delays, Government required shut-downs,
labor disputes, conditions of the premise, acts or omissions of the Customer, Owner or other Contractors or delays caused by an inability to obtain
labor (direct or subcontracted) or materials, products, equipment or software. If any product required to complete work becomes temporarily or
permanently unavailable, Computer Care Professional LLC shall (a) be excused from furnishing said materials or equipment, or (b) be reimbursed for the difference
between the cost of the materials or equipment unavailable and the cost of an agreeable substitute therefore.
8. GENERAL:
1. Computer Care Professional LLC and Customer shall comply with all applicable federal, state, and local laws and regulations. Permits required for the
execution of the work shall be obtained and paid for by the Customer unless stated otherwise in this proposal.
2. All disputes involving more than $10,000 shall be resolved by arbitration in accordance with the rules of the American Arbitration
Association. The prevailing party shall recover all legal costs and attorney’s fees incurred as a result. Nothing here shall limit any rights
under construction lien laws.
3. Insurance coverage in excess of Computer Care Professional LLC’s standard limits will be furnished when requested and required and at Computer Care Professional LLC’s discretion
the costs of this additional insurance may be passed on to the Customer. No credit will be given or premium paid by Computer Care Professional LLC for
insurance afforded by others.
4. The Parties hereto agree to notify each other immediately upon becoming aware of an inspection under, or any alleged violation of,
the Occupational Safety and Health Act (OSHA) relating in any way to the project or project site.
5. The unenforceability of or invalidity of any of these terms or conditions will not affect the remainder of the terms & conditions.
6. This Agreement shall be governed in accordance with the laws of the State of Arizona.
7. Computer Care Professional LLC and Customer agree that electronic signatures may be used and will be legally valid, effective and enforceable.
8. Some products and services may require the use monitoring, recording, logging and similar tools which are needed to check and confirm the quality of the product or service.