These are the Terms and Conditions governing the repair of your product by Geeks4Mac Inc. (”Geeks4Mac”).
1. Geeks4Mac will repair your product as described and for the charges explained verbally, in written communication, on the intake form or estimate (unless such charges are revised with your oral or written consent). When the product is covered by warranty or an extended service contract with the manufacturer, Geeks4Mac will discuss and follow the repair guidelines discussed with the manufacturer under the terms of the warranty or the extended service contract, provided that you have presented satisfactory proof of the product’s eligibility for such repairs. You will be responsible for any additional charges applicable under your product’s warranty or extended service contract described by the manufacturer. Any labor provided by Geeks4Mac will not be covered under manufacturer warranty and you will be responsible for those charges as shown on the intake form, estimate or discussed verbally or through written communication. Geeks4Mac may subcontract with other service providers for the repair of your product.
2. Even if manufacturer warranty or extended warranty covers hardware parts for your repair, labor charges will be paid to Geeks4Mac in the amount shown on the final invoice. Your payment is due when the product is returned to you. Unless specified otherwise, the estimated amount includes all parts, labor, and certain transportation required for the repair of the product. Geeks4Mac may hold you responsible for the diagnostic fee as discussed or on the intake or estimate form if Geeks4Mac inspects your product, provides an estimate for you, and you do not authorize Geeks4Mac to undertake the repairs for the estimated charges. If Geeks4Mac determines, while inspecting your product, that repairs are needed due to failures of parts that are neither supplied by manufacturer nor manufacturer recommended or are needed due to damage caused by abuse, misuse or misapplication, Geeks4Mac reserves the right to return the product to you without repairing it, and will hold you responsible for the diagnostic fee.
3. If the requested repairs require labor and/or parts not specified verbally, written or on the intake or estimate form, Geeks4Mac may seek your approval of a revised repair cost. If you do not agree that Geeks4Mac may revise the charges, Geeks4Mac may return your product and hold you responsible for the diagnostic fee.
4. If repairing your product under your product’s warranty or extended service contract, Geeks4Mac may use new, used or reconditioned parts as outlined by the manufacturer. If repairing parts outside of warranty or extended service contract, Geeks4Mac may use new, used or reconditioned parts. Geeks4Mac will retain the replaced part for recycle after the repair.
5. If Geeks4Mac repairs your product under warranty or extended service contract, the repairs will be covered solely by the terms of the warranty or extended service contract and applicable provisions of law. If your product is repaired outside of warranty, Geeks4Mac warrants (1) that the repairs will be performed in a competent and workmanlike manner and (2) that all parts used to repair your product will be free from defects in materials and workmanship for the period specified on your estimate or through other verbal or written communication - not including software repair, installation or upgrade, unless otherwise specified by Geeks4Mac. Information on your product’s parts warranty may be obtained by contacting Geeks4Mac and the will provide you contact information for the manufacturer. The warranty on parts is an express limited warranty. If a defect exists in a replacement part during the part’s warranty period, Geeks4Mac will contact the part manufacturer to obtain a replacement part under the warranty. Geeks4Mac extends only a warranty on the service labor performed which is limited to 30 days from the time the repair is completed and only for labor related to the agreed upon service.
6. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GEEKS4MAC AND ITS AFFILIATES, WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM PERFORMANCE OF ANY REPAIR SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, OR CORRUPTION OF DATA; OR ANY COSTS OF RECOVERING, PROGRAMMING, OR RESTORING ANY PROGRAM OR DATA STORED OR USED WITH YOUR PRODUCT AND ANY FAILURE TO MAINTAIN
THE CONFIDENTIALITY OF DATA STORED ON YOUR PRODUCT. THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS. GEEKS4MAC SPECIFICALLY DOES NOT WARRANT THAT IT WILL BE ABLE TO (i) REPAIR OR REPLACE YOUR PRODUCT WITHOUT RISK TO OR LOSS OF PROGRAMS OR DATA, AND (ii) MAINTAIN THE CONFIDENTIALITY OF DATA. IF ANY PRODUCT SHOULD BE DAMAGED OR LOST WHILE IN GEEKS4MAC’S CUSTODY, GEEKS4MAC’S LIABILITY WILL BE LIMITED TO THE COST OF REPAIR OR REPLACEMENT OF THE AFFECTED PRODUCT. OTHERWISE, GEEKS4MAC’S LIABILITY FOR ANY AND ALL DAMAGE SHALL IN NO EVENT EXCEED THE PAYMENTS RECEIVED BY GEEKS4MAC FOR SERVICES PROVIDED PURSUANT TO THESE TERMS. THE REMEDIES SET FORTH HEREIN SHALL BE YOUR SOLE AND EXCLUSIVE REMEDIES FOR ANY BREACH BY GEEKS4MAC UNDER THESE TERMS AND CONDITIONS. GEEKS4MAC IS NOT LIABLE FOR LOSS OR CORRUPTION OF DATA OR YOUR CONFIDENTIAL, PROPRIETARY OR PERSONAL INFORMATION OR REMOVABLE DATA. BEFORE YOU BRING IN YOUR PRODUCT FOR ANY REPAIR SERVICE, YOU SHOULD MAKE A BACKUP COPY OF YOUR DATA AND REMOVE ANY CONFIDENTIAL, PROPRIETARY OR PERSONAL INFORMATION AND REMOVABLE MEDIA SUCH AS FLOPPY DISKS, CDS OR PC CARDS.
7. If you have not claimed/picked up your product and/or paid all charges due within sixty (60) days after being notified by Geeks4Mac that your product is ready for pickup and/or repaired, Geeks4Mac will consider your product abandoned. Geeks4Mac will provide notice of pickup to you at the email address you furnished when you authorized the repairs. Geeks4Mac may dispose of your product in accordance with applicable provisions of law, and, specifically, may sell your product at a private or public sale without liability to you. Geeks4Mac reserves its statutory and any other lawful liens for unpaid charges.
8. If repair service involves transferring information or installing software or repairing software, you represent that you have the legal right to copy the information and agree to the terms of the software license, and you authorize Geeks4Mac to transfer the information and accept such terms on your behalf in performing the service. Repairs involving software installation and repair are under no warranty beyond the completion of repair. Geeks4Mac will discuss, at the time of completion, what was installed, repaired or upgraded and go over such service with you, which represents validation of the completion of the service to the customer. It is the customers responsibility to notify Geeks4Mac within 24 hours from the end of such service if the agreed software service was not completed as described verbally, through written communication, on the intake form or estimate. Geeks4Mac does not maintain or warranty any software, its use, its functionality, stability or is responsible for any loss of data due to its use. Warranty of software is the responsibility of the software manufacturer and should be addressed with them directly.
9. These Terms and Conditions are governed by the laws of the State of Oregon (without giving effect to its conflict of law provisions). If any provision of these Terms and Conditions is held to be illegal or unenforceable, that provision will no longer be part of the Terms and Conditions, and the Terms and Conditions will be enforceable as though that provision never was a part of them.
10. These Terms and Conditions are the only ones that govern Geeks4Mac’s repair of your product. No other oral or written terms or conditions apply, including ones in any purchase order that you provide to Geeks4Mac. No one has the authority from Geeks4Mac to vary any of these Terms and Conditions.
11. You agree and understand that it is necessary for Geeks4Mac to collect, process and use your data in order to perform the service and support obligations under these Terms and Conditions. Geeks4Mac will protect your information and will obtain either oral or written approval from you prior to release of any of your data on file.