Computers Plus Repair, Inc.
Terms & Conditions
At Computers Plus Repair, the integrity of customer data and the safety of its customers’ computers or other hardware are of utmost concern. Computers Plus Repair representatives are trained to perform due diligence and insure that all steps possible are taken to protect any and all “Equipment” (computer, notebook, phone, hardware or other items) that is left in the care of Computers Plus Repair.
In consideration of the risk of unavoidable or pre-existing damage to my Equipment while performing IT Services (the “Activity”), and as consideration to participate in the Activity, I hereby, for myself or representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive all rights, claims, or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Computers Plus Repair, located at 3120 Pimlico Pkwy Unit 142, Lexington, Kentucky 40517-4034, their affiliates, staff, attorneys, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical damage, including but not limited to those previously existing but not disclosed, or unforeseen acts of God, that may be suffered as a direct result of my participation in the aforementioned Activity, including while aforementioned Equipment is being transported for purposes of the Activity.
I am voluntarily participating in the aforementioned Activity and I am participating entirely at my own risk. I am aware of the risks associated with participating in this Activity, which may include, but are not limited to, physical damage to the Equipment that was previously existing, or unforeseen acts of God. I understand that these risks or outcomes may arise during transportation for purposes of the Activity, or due to the required processes of the Activity.
I agree to indemnify and hold harmless Computers Plus Repair against any and all claims, suits, or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Computers Plus Repair incurs any of these types of expenses, I agree to reimburse Computers Plus Repair.
I acknowledge that Computers Plus Repair and their owners, officers, volunteers, representatives and agents are not responsible for error, omissions, acts or failures to act of any party or entity conducting a specific activity on behalf of Computers Plus Repair.
I agree that the following warranty offers sufficient resolution for any issues I may find after I agree to service on my Equipment from Computers Plus Repair:
Unless otherwise stated, Computers Plus Repair warrants any of its paid services and parts against defects in materials and workmanship under ordinary consumer use for 90 days from the date of payment. Computers Plus Repair is not providing warranty against defects or damages on anything other than parts or software that it has supplied. During this warranty period, if a defect is discovered in replacement parts or in service that was supplied or performed by Computers Plus Repair for me under this warrantied service, and I report the problem to Computers Plus Repair within the warranty period, then Computers Plus Repair management will determine the accuracy of the claim and offer either repair or replacement or store credit based on what management deems reasonable given the circumstances. Store credit will not exceed the original purchase price of the product or service minus 6% depreciation for each month elapsed between the time of purchase and the time the problem was reported to Computers Plus Repair and a restocking fee may apply.
If it is feasible to correct or re-do the service, management may offer at least one additional attempt to perform the service or repairs using either new or refurbished parts supplied by Computers Plus Repair if necessary and if similar parts were included in the warrantied service. If separate and additional problems are found that were not intended to be repaired by the warrantied service then a quote may be provided for my approval to correct these discovered problems. Computers Plus Repair’s standard return policy applies to any parts used during service. Labor is non-refundable unless deemed by management to not meet the Computers Plus Repair quality standards.
This limited warranty applies, to the extent permitted by law, to a replacement part or a replacement device for the remainder of the original warranty period or for ninety days if not otherwise stated in writing. All replaced parts and Product for which a refund is given shall become our property. This limited warranty applies only to hardware components of the Product that are not subject to accident, misuse, virus infections, neglect, fire or other external causes, alterations, third party repair, or commercial use. This is the extent to which Computers Plus Repair offers a warranty for services.
I acknowledge that Computers Plus Repair has a 90 day retention policy, and any Equipment left in their care for longer than 90 days, without recorded communication within the last 90 days stating the Equipment owner’s intended or desired action on this Equipment, and a response from a representative of Computers Plus Repair in agreement with this proposed action, shall become the property of Computers Plus Repair. I waive any claim to this Equipment or data and remit ownership of this Equipment to Computers Plus Repair after this period has elapsed under these conditions. I further authorize Computers Plus Repair to erase any data from any storage medium at their discretion.
I acknowledge that I have carefully read these terms and “waiver and release” and fully understand that it is a release of liability. I expressly agree to release and discharge Computers Plus Repair and all of its affiliates from any and all claims or causes of action and I agree to voluntarily give up or waive any right that I otherwise have to bring legal action against Computers Plus Repair for property damage.
This agreement was entered to without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant and Computers Plus Repair agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase, or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of the agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find any provision of this agreement to be invalid or unenforceable, but that by limited said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
I, the undersigned participant, affirm that I am of the age of 18 years or older, and that I am freely signing this agreement. I certify that I have read this agreement, that I fully understand its content, and that this release cannot be modified orally. I am aware that this is a release of liability and a contract and that I am signing it of my own free will.
In lieu of a physical signature when these Terms and Conditions are acknowledged through a digital medium, such as a website or email, acknowledgement by way of checking an acknowledgement checkbox on a digital form and subsequently submitting that form will act as a digital signature with the same strength and power as a physical signature.