Terms & Conditions
OC-IT Terms and Conditions
OC-IT will not be held responsible for loss of any data. It is the Customers responsibility to back up any data before any repairs are done. OC-IT will not be held responsible for any hardware that has failed previously or during repair. OC-IT will not be held accountable for lost, damaged or stolen customer property that is not picked up by the customer after 90 days from when OC-IT receives the property.
Warranties for parts installed have a time period of 90 days from the date installed, except specialty parts and Software which carry no warranty with OC-IT. Warranty does not cover problems due to physical abuse, water / fire damage, electrical overloads, and acts of Nature. Parts not installed by OC-IT carry no warranty with OC-IT.
Estimated Cost (Minimum $45.00 Bench / Trip fee only if there is no repair) ______________________
Rates: All on site services are billed per hour, each hour starts after 15 minutes from the beginning of each hour, all hours are paid as full hours, except for the first hour which starts upon arrival. *estimated cost may not reflect final billed rate and invoiced dollar amount. All payments must be made on site, except for business customers that have obtained previous payment terms due to responsible payment arrangements. No Exceptions! There will be a $25.00 fee for bad checks. A finance charge at a rate of 2% per month, weekly, from the “Due Date” will, therefore, be added to all amounts not paid on or before the due date. It is the responsibility of the customer to confirm that: all work performed by a OC-IT service technician was done accordingly and met contractual obligations per the description on the service contract or work order. OC-IT does not assume any liability or assume any responsibility for work performed.
WE HAVE THE RIGHT TO REFUSE SERVICE
BY SIGNING THIS CONTRACT YOU (THE CLIENT) AGREE THAT ALL WORK PERFORMED, PER THE WORK ORDER DESCRIPTION, IS ACCEPTABLE AND HAS BEEN COMPLETED. OC-IT IS NOT LIABLE FOR ANY IT RELATED CONFIGURATION WHICH IS NOT REQUESTED BY THE CUSTOMER; TO INVESTIGATE, CHANGE OR RECOMMEND ALTERNATE SETTINGS OR CONFIGURATIONS. ANY DISCREPANCIES WILL REFER TO AND ONLY TO THE WORK ORDER OR SERVICE CONTRACT.
LIMITATION OF REMEDY: UNDER NO CIRCUMSTANCES SHALL OC-IT, LIGHTNING TECHNOLOGY AND/OR ITS THIRD PARTY SERVICE PROVIDER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EXPENSES COSTS, PROFITS, LOST SAVINGS OR EARNINGS, LOST OR CORRUPTED DATA, OR OTHER LIABILITY ARISING OUT OF, OR RELATED TO, THE SERVICES PROVIDED BY OC-IT, LIGHTNING TECHNOLOGY AND/OR ITS THIRD PARTY SERVICE PROVIDER OR OUT OF THE INSTALLATION, DE-INSTALLATION, USE OF, OR INABILITY TO USE YOUR COMPUTER EQUIPMENT, HARDWARE, PERIPHERALS, OR THE NETWORK RESULTING FROM THE SERVICES PROVIDED HEREUNDER.
If a customer is not satisfied with parts installed or services performed by OC-IT, or feels that the work performed was not according to the signed contract, complaints may be verbally submitted to the service technician, submitted by email to: email@example.com or by calling OC-IT Customer Service.
An Adult Must Be Present At Residences or Business: For on-site services, a person of at least 18 years of age must be present during the entire time period services are provided. If an OC-IT or Lightning Technology agent arrives and there is no adult present, services may be denied and a trip fee will be assessed.
Lightning Technology, Inc. Terms and Conditions
All sales by Lightning Technology [“Seller”] are subject to the following condition in addition to those on the face hereof: 1] Terms of payment for the sale of products covered hereby [“the Products”] are stated on the invoice, unless otherwise indicated. Payment shall be made at the Seller’s facility at the address set forth on the face of this invoice. Time is of the essence. A finance charge at a rate of 2% per month, weekly, from the “Due Date” will, therefore, be added to all amounts not paid on or before the due date. The imposition of such finance charge shall not, however, limit any other right or remedy which Seller may have in law or in equity. 2] All memory products have functional warranty of one year unless otherwise specified .All CPU’s have functional warranty of 25 days. Items sold on this invoice are property of Lightning Technology, Inc. until invoice is paid in full. Please obtain a RMA [Return Material Authorization] number for any returns. We reserve the option to accept non-defective returns. Such returns will be subject to 15% restocking fee. ALL RMAs are valid for 30days; after 30days the RMA will be closed and payment for all invoices will be required. For advance replacements; a RMA Invoice will be assigned to your return, once product is received in good condition your RMA invoice will be credited the return amount. For credit returns; a credit will be applied to your account with Lightning, unless otherwise request at the time of return. For Replacement returns; product will be replaced once the defective equipment is received. Lightning Technology is not responsible for return freight charges unless agreed upon before product is returned. Products that are found to be in good/working condition when received Lightning will require payment for all freight charges associated with the RMA along with a 15% restocking fee. We reserve the option to replace, refund or credit parts returned to us. No credit will be given after 7 days. No refund on shipping and COD charges. 3] All products shall be deemed and presumed to be acceptable to Buyer and in full compliance with the warranties made herein unless, within 5 days from the date of delivery, Buyer shall have notified Seller in writing to the contrary. Any claims for shortages or in transit damage must be made to Seller in writing within 5 days from the date of this invoice. All claims and returns must, moreover, be submitted to Seller’s facility using this invoice. All returns must be authorized in advance by Seller on Seller’s standard return authorization form. 4] All Products shall be shipped F.O.B. Seller’s facility and shall, except for any claim or lien, Seller returns for non-payment or other breach of terms, become the property of Buyer upon delivery to the carrier. Buyer shall assume all risk and liability for loss, damage or destruction after delivery to carrier. 5] Title to the Products shall pass to Buyer upon delivery to the carrier. Buyer agrees, however, that Seller shall retain a purchase money security interest in all Products and to any proceeds thereof, until the purchase price and any other charges due to Seller shall have been paid in full. Buyer agrees to execute any financing statement or other documents as Seller may request in order to perfect Seller’s security interest. Upon any default by Buyer hereunder, Seller shall have all rights and remedies of a secured party under the California Uniform Commercial Code, which rights and remedies shall be cumulative and not exclusive. 6] Buyer shall be responsible for all reasonable costs and expenses incurred by Seller in collection of any sums owing by Buyer or in Seller’s enforcement of any other provision of this Agreement and Seller shall not be obligated to make any further deliveries to Buyer. Such reasonable costs and expenses shall include, but not be limited to, reasonable attorney’s fees. $25 fee will be charged on returned checks. 7] Seller shall not be liable for any failure or delay in the performance of orders or contracts or in the delivery or shipment of Products or for any damages suffered by Buyer by reason of such failure or delay, when such failure or delay is, directly or indirectly, caused by, or in any manner arises from fires, floods accidents, riots, acts of God, war, governmental interference or embargoes, strikes, labor difficulties, shortage of labor, fuel, power, materials or supplies, transportation delays, delays in deliveries by Seller’s vendors or any other cause or causes (whether or not similar in nature to any of those herein above specified) beyond Seller’s control. 8] Enforcement of this Agreement shall be governed by the laws of the State of California. Any court action or proceeding of any nature whatsoever, in law or in equity, for damages of otherwise, related thereto shall be instituted only in the courts of the County of Orange in the State of California and only such courts shall have jurisdiction of any such action or proceeding. By acceptance of the Products, Buyer irrevocably consents to the personal jurisdiction of such courts in connection with any such action or proceeding. 9] This Invoice and these Terms and Conditions shall constitute the Agreement between Seller and Buyer. If the terms and conditions of this Agreement differ in any way from the terms and conditions of Buyer’s purchase order or any other document submitted by Buyer, this Agreement will be construed as a “counteroffer” and will not be deemed an acceptance of Buyer’s terms and conditions which conflict herewith. Buyer’s acceptance of the Products shall be conclusive presumption that Buyer has accepted all of the terms and conditions of this Agreement. No addition to or modification of any of these terms will be effective unless made in writing and signed by Seller and Buyer.