That PC Bits, Inc. WILL NOT back up any data before beginning any diagnostic or service work (the “Work”); it is my responsibility, prior to delivery, to back up any data and to remove all media and stored content from my equipment.
That PC Bits, Inc. shall not be, under any circumstances, liable for any loss, alteration, or corruption of any data, or loss of any media, from the equipment and Customer agrees to waive any claims for data or media loss, whether or not Customer requested that PC Bits, Inc. back up data.
To waive any claims regarding physical damage to the equipment if it is not reported at the time equipment is picked up.
That PC Bits, Inc. is not responsible for loss of or damage to any equipment, data, or media for any reason, including but not limited to theft, fire, other acts of God, or its own negligence while equipment is in the possession of PC Bits, Inc.
That any equipment containing child pornography or other evidence of illegal activity will be turned over to the authorities. That PC Bits is authorized to agree to any necessary software service or user agreements on Customers behalf, for software such as Windows, Malwarebytes, etc.
ABANDONED/UNCLAIMED EQUIPMENT
Pursuant to Minn. Stat. §514.18 subd.1, PC Bits, Inc. is entitled to a mechanic’s lien against Product for the value of any storage, care, or contribution made by it. PC Bits, Inc. is not responsible for, and shall consider abandoned or unclaimed, any Product that has not been claimed by Customer within thirty (30) days following PC Bits, Inc.’ notification to Customer that Product is repaired and ready for pick-up, or that a diagnosis has been completed and PC Bits, Inc. is waiting for Customer’s authorization to perform services.
PC Bits, Inc. may, at its sole discretion and by any means it chooses, dispose of abandoned or unclaimed Product. Customer shall hold PC Bits, Inc. harmless for any loss or damage suffered as a result of such disposal. Customer acknowledges that PC Bits, Inc. is not responsible for the preservation of Product, including any data or media. Customer agrees to indemnify PC Bits, Inc. against any claim by a third party for any loss or damage whatsoever suffered by a third party resulting from disposal, including but not limited to data loss or dissemination.
Customer authorizes PC Bits, Inc. to:
Access all data and product information it deems necessary to complete the Work.
Use new or rebuilt replacement parts that perform to, at a minimum, the factory operational specifications of the product.
Install software (accepting End User License Agreements on my behalf) in order to complete the Work
Terms and Conditions
EXISTING CONDITIONS
Customer acknowledges that the equipment, data, or media (“product”) may be damaged prior to delivery to PC Bits, Inc. Customer further agrees and acknowledges that the efforts of PC Bits, Inc. to complete the inspection, evaluation, or identification of any problem or defect as well as any efforts of PC Bits, Inc. to correct or repair any problem or defect (the aforementioned activities individually or collectively comprising the “Work”) may result in the destruction or further damage to the product. PC Bits, Inc. does not assume any responsibility for additional damage that may occur during its efforts to do the Work.
REPRESENTATION AND INDEMNIFICATION
Customer warrants to PC Bits, Inc. that it is the owner of, or has the right to be in possession of the product and that PC Bits, Inc.’ collection, possession, processing, and transfer of such product is in compliance with data protection laws to which you are subject. Customer agrees to defend (at Customer’s expense), indemnify, and hold PC Bits, Inc. harmless against any damages or expenses that may occur (including reasonable attorneys’ fees), and pay any cost, damages, or attorneys’ fees awarded against PC Bits, Inc. resulting from your breach of this section.
PRODUCT SUBJECT TO LITIGATION OR REGULATORY ACTION
I acknowledge that I have the affirmative obligation to inform PC Bits, Inc. if my product is the subject of any litigation or regulatory matter, and I further understand that PC Bits, Inc. does not perform data recovery or related services on product that is the subject of litigation or regulatory matters.
WARRANTIES
PC Bits, Inc. makes, and you receive, no warranties or conditions for any good or service, express, implied, statutory, or in any communication with you, and PC Bits, Inc. specifically disclaims any implied warranty of merchantability or fitness for a particular purpose, including those that may arise from usage of trade or course of dealing or performance.
In no event will PC Bits, Inc. be liable for any indirect damage whatsoever. You agree to indemnify and hold PC Bits, Inc. harmless from any damages to third parties resulting from PC Bits, Inc.’s exposure to, release of, or loss of data or media residing on the product.
MISCELLANEOUS
If any provision of this Agreement is in violation of any applicable law, such provision shall, to such extent, be deemed null and void and the remainder of the Agreement shall remain in full force and effect. Except for the obligation to make payments, nonperformance of either party shall be excused to the extent performance is rendered impossible due to causes beyond such party’s reasonable control. This Agreement constitutes the entire agreement between the parties in relation to this subject matter and supersedes all other terms, including any of your purchase order terms.