TechCare Computers - Terms of Service

These Terms & Conditions (T&Cs) govern the service of your property (“Bailed Property”) by TechCare, LLC (“TechCare”).

1. Techcare will service your Bailed Property as described and for the charges shown on the Work Authorization plus any applicable tax.

2. If Techcare determines your Bailed Property is unserviceable after inspection, Techcare reserves the right to return the Bailed Property to you without servicing it and may hold you responsible for any indicated diagnostic fee.

3. If service requires labor and/or parts not specified on the Work Authorization, Techcare may seek your approval of a revised estimate. Techcare may use parts or products that are new or equivalent to new in reliability and performance. If you do not agree that Techcare may revise the charges, Techcare may return your Bailed Property and hold you responsible for any indicated diagnostic fee.

4. Techcare warrants for a period of thirty (30) days from the date of service (1) that service will be performed in a competent and workmanlike manner and (2) that all parts used to service your Bailed Property will be free from defects in materials and workmanship unless otherwise specified by Techcare. The foregoing warranty is an express limited warranty and in the event of a breach, Techcare will either (i) re-perform the service or (ii) repair or replace the part. In order to claim under the warranty you must return your Bailed Property to the location where service was performed, at your expense. THIS WARRANTY AND ASSOCIATED REMEDIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. TECHCARE SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF TECHCARE CANNOT LAWFULLY DISCLAIM IMPLIED WARRANTIES, THEN ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO THE EXPRESS LIMITED WARRANTY.

5. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TECHCARE, WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM SERVICES PROVIDED OR UNDER ANY OTHER LEGAL THEORY, 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 BAILED PROPERTY AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON YOUR BAILED PROPERTY. TECHCARE SPECIFICALLY DOES NOT WARRANT THAT IT WILL BE ABLE TO (i) REPAIR OR REPLACE YOUR BAILED PROPERTY WITHOUT RISK TO OR LOSS OF PROGRAMS OR DATA, AND (ii) MAINTAIN THE CONFIDENTIALITY OF DATA. IF ANY BAILED PROPERTY SHOULD BE DAMAGED OR LOST WHILE IN TECHCARE’S CUSTODY, TECHCARE’S LIABILITY WILL BE LIMITED TO THE COST OF REPAIR OR REPLACEMENT OF THE AFFECTED BAILED PROPERTY. OTHERWISE, TECHCARE’S LIABILITY FOR ANY AND ALL DAMAGE SHALL IN NO EVENT EXCEED THE PAYMENTS RECEIVED BY TECHCARE FOR SERVICES PROVIDED PURSUANT TO THESE TERMS. THE REMEDIES SET FORTH HEREIN SHALL BE YOUR SOLE AND EXCLUSIVE REMEDIES FOR ANY BREACH BY TECHCARE UNDER THESE TERMS AND CONDITIONS.

7. If you have not claimed your Bailed Property and paid all charges due within thirty (30) days after being notified by Techcare that your Bailed Property has been serviced, Techcare will consider your Bailed Property abandoned and may dispose of your Bailed Property in accordance with applicable law.

8. If service involves transferring information or installing 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 Techcare to transfer the information and accept such terms on your behalf in performing the service.

9. These T&Cs are governed by the laws of the State of Mississippi.

10. These T&Cs are the only ones that govern Techcare’s service of your Bailed Property.

11. You agree and understand that it is necessary for Techcare to collect, process and use your personal information in order to perform service under these T&Cs. Techcare will protect your information in accordance with Techcare Customer Privacy Policy.

REMOTE ACCESS TECHNICAL ASSISTANCE FROM TECHCARE, LLC (“TECHCARE”) USING REMOTE SERVICE SOFTWARE IS PROVIDED ON THE FOLLOWING BASIS:

1. TECHCARE’S LIABILITY SHALL BE LIMITED TO THE TOTAL FEE OF THE TECHCARE REMOTE ACCESS TECHNICAL SUPPORT PAID BY CUSTOMER.

2. ALTHOUGH TECHCARE CANNOT GUARANTEE THAT THE PROVISION OF TECHCARE REMOTE ACCESS TECHNICAL SUPPORT WILL RESOLVE YOUR ISSUE, TECHCARE WILL MAKE REASONABLE EFFORTS TO PERFORM SUPPORT SERVICES IN A PROFESSIONAL MANNER.

TO THE EXTENT PERMITTED BY LAW, THE EXPRESS WARRANTY AND REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, TECHCARE SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, RELATED TO OR ARISING IN ANY WAY OUT OF THESE TERMS, INCLUDING ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

EXCEPT AS PROVIDED ABOVE, IN NO EVENT SHALL TECHCARE HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF DATA, LOSS OF USE OR EQUIPMENT OR FACILITIES, OR INTERRUPTION OF BUSINESS, ARISING IN ANY WAY OUT OF THESE TERMS AND CONDITIONS UNDER ANY THEORY OF LIABILITY, WHETHER OR NOT TECHCARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.