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COMPUTER REPAIR AUTHORIZATION TERMS & CONDITIONS

By bringing your equipment to Mueller ITSolutions, you agree that the following terms and conditions will apply to the work you are authorizing Mueller ITSolutions to provide.

I. Services.
Mueller ITSolutions, will only perform and provide computer services, repairs, and upgrades as requested by the Client. Mueller ITSolutions, will conduct honest, reasonable, and considerate services. The goal is to provide the highest quality of service and support, but specific results cannot be guaranteed. Computer service/repairs are provided as a service. The length of time required to service/repair your computer cannot be predicted. Mueller ITSolutions, may use new, reconditioned, or used replacement parts to provide the Services. Replaced parts will be returned to you. Client authorizes the technician(s) providing the service or repair to install anti-virus and any other necessary software on your computer to perform required services. All software will be deleted / uninstalled upon completion of the service (unless purchased). After a repair conducted at Mueller ITSolutions ’s office is complete, Client must take delivery of computer within 14 business days or a storage fee of $5.00 per day will be assessed. Equipment not picked up within 30 days is considered abandoned. Abandoned equipment will be recycled for parts to recover the cost of the repair.

II. Fee.
You will not be charged for Services that Mueller ITSolutions does not perform. You agree to pay Mueller ITSolutions, when you pick up your Equipment. This amount may include fees for parts, labor, recycling or disposal, plus tax. Mueller ITSolutions, will promptly notify you if it discovers that additional parts, labor or other charges (beyond the estimate) are required to provide the Services. Mueller ITSolutions, will give you a new cost estimate that you must authorize

III. Limited Warranty/Disclaimer
Mueller ITSolutions warrants all repair labor for 30 days from the date of repair completion. If during the 30 days the system exhibits the same symptoms as when the system was originally repaired, we will repair the problem at no cost. If during a warranty repair, additional parts are required to complete the repair, the client is responsible for paying for such parts. Parts sold and installed to complete a repair are covered by their manufacturers warranty. If you have a warranty claim within the 30 day period, Mueller ITSolutions will on your behalf obtain warranty service for you from the parts manufacturer. There is NO warranty for removal of viruses, spyware, adware or malware; if they are the cause of a repeat effort, you will be charged again for that service.

IV. Payment Terms
Full payment is due upon completion of services, upgrades, or repairs unless otherwise agreed on. Computer parts, hardware, or/and software that are ordered or special ordered must be paid in advance. Mueller ITSolutions accepts cash, checks, and credit cards. Note: Checks are cleared within 24 hours as an eCheck. A $39.00 service fee will be charged for any returned check with NFS and credit card payments have a 2.75% transaction fee included to the total amount of the bill. In order for Mueller ITSolutions to keep its rates low, payments must be made promptly. Bills will be deemed delinquent and assessed a $25.00 charge if payment is not received within 30 days after the completed service date unless other arrangement have been made. If an amount remains delinquent 30 days after completed service date, an additional 25% penalty of original balance will be added for each month of delinquency. Mueller ITSolutions reserves the right to report delinquent payment to credit bureau(s) and collection agencies in attempts to recover payment. If deemed necessary, Mueller ITSolutions reserves the right to take client to court to recover costs in which client will incur all fees by the process.

V. Data Protection.
You acknowledge and agree that Mueller ITSolutions, will not be responsible for any and all data loss, data corruption, or failure or inability to transfer your data. You agree and understand that it is your responsibility to maintain copies of all important data on your Computer, and to obtain such copies prior to authorizing Mueller ITSolutions, to commence its Services. You acknowledge and agree that Mueller ITSolutions, may need to collect, process, use and store your data in performing its Services.

VI. Miscellaneous
This Agreement shall be construed under the laws of the State of Florida without giving effect to its conflict of law provisions. If any court of competent jurisdiction determines that any provision of this Agreement is illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect. This Agreement is the only one that governs the Services. All waivers must be in writing, and no one is authorized by Mueller ITSolutions, to vary, orally or in writing, any of the terms and conditions of this Agreement.

VII. Arbitration
In the event any dispute arises under this Agreement or in any manner concerning the subject matter thereof, the parties agree that any such dispute shall be subject to binding arbitration only, and the parties expressly waive any and all rights they may have to otherwise proceed with such dispute resolution in a court of law. Any and all binding arbitration proceedings shall be undertaken as fast track proceedings and shall only be commenced in Escambia County, Florida. Each party shall bear its own costs and expenses of such proceedings, including any and all resulting attorney fees; provided, however, that the prevailing party in such proceedings may have the right to recover attorney fees against the opposing party if such fees are otherwise recoverable in disputes of that type under the laws of the State of Florida. This paragraph is intended to be and shall be construed as a forum selection clause, and the parties agree to be bound hereto

VIII. THIS WARRANTY AND REMEDY ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL SERVICES PERFORMED. MUELLER ITSOLUTIONS, SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES WITH RESPECT TO SUCH ITEMS, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHETHER EXPRESS OR IMPLIED. IF MUELLER ITSOLUTIONS, CANNOT LAWFULLY DISCLAIM IMPLIED WARRANTIES UNDER THIS LIMITED WARRANTY, ALL SUCH WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO THE DURATION OF THE EXPRESS LIMITED WARRANTY ONLY.

IX. Limitation of Liability.
IF ANY DAMAGE SHOULD OCCUR WHILE YOUR COMPUTER OR SYSTEMS ARE BEING SERVICED, MUELLER ITSOLUTIONS, HAS NO LIABILITY FOR THE COST OF REPAIR OF THE AFFECTED COMPUTER. MUELLER ITSOLUTIONS ENTIRE LIABILITY TO YOU FOR DAMAGES ARISING FROM ANY CAUSE WHATSOEVER WITH RESPECT TO THE SERVICES, WHETHER DUE TO MUELLER ITSOLUTIONS ERROR OR NEGLIGENCE OR TO ANY OTHER REASON, IS LIMITED TO THE AMOUNTS THAT YOU PAY MUELLER ITSOLUTIONS, FOR SUCH SERVICES. MUELLER ITSOLUTIONS, HAS NO LIABILITY WHATSOEVER FOR INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF USE, LOST PROFITS OR REVENUE, OR ANY OTHER DAMAGES WHATSOEVER NOT OTHERWISE EXPRESSLY PERMITTED UNDER THIS AGREEMENT.THIS EXCLUSION INCLUDES, BUT IS NOT LIMITED TO: LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF DAMAGE TO, OR CORRUPTION OF DATA; AND ANY COSTS OF RECOVERING, PROGRAMMING,INTEROPERABILITY OR RESTORING ANY PROGRAM OR DATA STORED OR USED WITH YOUR COMPUTER AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA. YOUR ONLY REMEDY UNDER THE REPAIR TERMS AND CONDITIONS IS TO SEEK RECOVERY OF DAMAGES AGAINST MUELLER ITSOLUTIONS, IN AN AMOUNT NOT TO EXCEED WHAT YOU PAID MUELLER ITSOLUTIONS, FOR THE SERVICES

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