1. Service Contract. This Agreement, upon authorization of a service work order, is a service contract for the repair of the items described in the Service/Work Order attached hereto (the “Equipment”), and any materials furnished by MTech Repair, LLC (“MTech”) or any subcontractors which are incidental to the performance of the repair. All terms and conditions of this Agreement shall be applicable to any work done or services provided for the Equipment, whether under this Agreement (including any work done under a continuation of this Agreement), subsequent written agreement, or otherwise, unless otherwise agreed in writing by MTech.
2. Charges. MTech will charge the Owner for all service work at MTech’s prevailing time and materials rates, including supervisory time, together with the cost of all parts, labor and shipping incurred on the repair; plus applicable taxes. Any price that MTech quotes is an estimate only, unless noted as a “firm quote” in a written proposal signed by both parties. With a firm quote, MTech may increase its charge if additional work is required due to damage or defects not known or apparent at the time the quote was given, or is otherwise requested by Owner. Owner’s payment is due at the time the Equipment is returned to the Owner.
3. Warranty. If the repairs are covered by a warranty or an extended service contract, MTech will make the repairs consistent with the warranty or service contract; provided, however, the Owner must provide proof of eligibility for the repairs under the warranty or service contract and Owner must pay to MTech all additional charges not covered by the warranty or service contract.
4. Limited Warranty. MTech warrants its repairs against defects in labor and materials appearing or manifesting themselves within two (2) years following completion of MTech’s work (“Warranty Period”), provided the Owner notifies MTech in writing or brings the Equipment to its facilities within seven (7) days after the appearance or manifestation of the defect, but this limited warranty excludes hard drives, headphone jacks, batteries, power buttons, volume buttons and all parts repaired due to liquid damage, data loss or corruption of data. This remedy shall be the exclusive remedy for breach of any warranty under this agreement. The Owner shall not be entitled to receive incidental, special, consequential or punitive damages from MTech for breach of any warranty or duty arising from this agreement. THIS WARRANTY AND REMEDY ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, WITH RESPECT TO THE REPAIR PARTS. MTECH SPECIALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES WITH RESPECT TO SUCH PARTS, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF MTECH CANNOT LAWFULLY DISCLAIM IMPLIED WARRANTIES UNDER THIS LIMITED WARRANTY, ALL SUCH WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THE DURATION OF THE EXPRESS LIMITED WARRANTY.
5. Limitation of Liability. Notwithstanding any other provision in this agreement, the liability of MTech for damages arising out of any act or omission of MTech, other than gross negligence or willful misconduct, shall not exceed the total amount invoiced by MTech to the Owner for the services provided by MTech pursuant to this agreement.
6. Indemnification. The Owner, the Owner’s heirs, successors, and assigns, hereby agree to release MTech, its officers, employees, and agents, including costs and attorney’s fees, from against, and for claims for damage caused or contributed to in any way by any party other than MTech to the Equipment, its gear, equipment, and contents, or for injury to the Owner, the Owner’s family members, employees, invitees, and agents, arising from duties assumed under this agreement or by operation of law, use of the Equipment, or any individual’s or any individual’s presence on MTech’s property, under any circumstances whatsoever.
7. Consent. If the requested repairs require labor and/or parts not specified, MTech may seek your approval of a revised estimate. If you do not agree to the revised charges, MTech may return your product and hold you responsible for the diagnostic fee shown on the reverse side, plus all applicable tax.
8. Parts. If repairing your product under MTech’s warranty or extended service contract, MTech may use new, used or reconditioned parts, if permitted by the terms. If repairing parts outside of warranty or extended service contract, MTech may use new, used or reconditioned parts. MTech will retain the replaced part that is exchanged under repair service as its property, and the replacement part will become your property. Replaced parts are generally repairable and are exchanged or repaired by MTech for value. If applicable law requires MTech to return a replaced part to you, you agree to pay MTech the additional cost of the replacement item.
9. Affiliation with Apple. MTech is not affiliated with Apple, Inc. and is not an Apple Authorized Service Provider. Therefore, MTech cannot honor any Apple warranty. While our technicians may possess Apple Certifications and are knowledgeable and capable of performing repairs on Apple Products, Apple does not recognize MTech as an Apple Authorized Service Provider. Despite equal and comparable workmanship, any product that is not repaired by Apple or its affiliates may be considered tampering and affect their warranty coverage.
10. Product Abandonment. If you have not claimed your product and paid all charges due within ninety (90) days after being notified by MTech that your product has been repaired, MTech will consider your product abandoned. MTech will provide such notice to you at the phone number or e-mail address you furnished when you authorized the repairs. MTech may dispose of your product in accordance with applicable provisions of law, and, specifically, may recycle or sell your product at a private or public sale without liability to you. MTech reserves its statutory and any other lawful liens for unpaid charges.
11. Software & Data Usage. If repair 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 MTech to transfer the information and accept such terms on your behalf in performing the service. Software installations and/or resolutions are not covered by MTech’s warranty.
12. Modification. No modification to this Agreement shall be enforceable unless in writing and executed by MTech’s authorized agent. MTech’s failure to require strict performance of this Agreement or waiver of any conditions shall not act as a waiver of its rights nor be deemed a continuing waiver. Delay in enforcement of any of MTech’s rights hereunder shall not be deemed laches.
13. Taxes. All work is subject to Florida state sales tax.
14. Miscellaneous. If any portion of this Agreement shall be deemed to be in violation of any law of the United States or State of Florida, that portion, and that portion only, shall be deemed null and void, and the balance of this Agreement shall remain in full force and effect. This Agreement shall be governed by the laws of the State of Florida and the United States, both as to interpretation and performance. The venue of any action arising from this Agreement shall lie exclusively in the Circuit Court of the 15th Judicial Circuit, in and for Palm Beach County, Florida, or the United States District Court for the Southern District of Florida, and both parties shall submit to the jurisdiction of such court.