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Orange Cat Computing Terms and Conditions of Services and / or Repairs
Below is the Terms and Conditions pertaining to all Service and / or Repair Invoices
PAYMENT TERMS: This entire invoice is due upon completion of described service and/or repair work performed by Orange Cat Computing (hereinafter "OCC"). Any payment not received within 30 days from completion of service and/or repair work is subject to interest at the highest amount lawfully allowed by contract in the state in which the work was performed until paid. If applicable, sales tax is included in the price.
COLLECTION COSTS: Customer agrees that it shall pay all expenses incurred by the Service/Repair contractor (OCC) for the collection of any delinquent accounts including, but not limited to, actual attorney's fees, filing fees and costs. Any and all disputes arising out of this sale shall be interpreted under the laws of the state in which the work was performed. If OCC commences litigation or employs legal counsel to collect payment for any amount due it from customer, customer agrees to pay all reasonable costs and attorney's fees.
WARRANTIES AND LIMITATIONS ON WARRANTIES: OCC warrants that all work performed and all parts and equipment which were installed in the service or repair of the customer were completed in a workmanlike manner and that said work shall be free from defects in materials and workmanship for a period of 5 days from date said work was performed or manufacturers warranties, whichever is longer. OCC's obligation for defective products and/or workmanship or any damage caused thereby, and customer's exclusive remedy, shall be limited, at OCC's option, to the replacement of any defective parts or workmanship or the refund of amounts paid by the Customer for said service and shall be conditioned upon OCC receiving actual written notice of said defect within the 5 day period noted herein. In no event will OCC be liable for any incidental or consequential damages, including without limitation to, loss of use, loss of data, loss of profit, data retrieval, or liability to third parties, however caused, whether by the negligence of OCC or otherwise.
THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES (EXCEPT OF TITLE) FROM OCC INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICLUAR PURPOSE. OCC SHALL NOT BE SUBJECT TO AND DISCLAIMS (1) ANY OTHER OBLIGATION OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR OF WARRANTY (2) ANY OBLIGATIONS WHATSOEVER ARISING FROM TORT CLAIMS INCLUDING NEGLIGENCE AND STRICT LIABILITY OR ARISING UNDER THEORIES OF LAW WITH RESPECT TO PRODUCTS SOLD OR SERVICES RENDERED BY SELLER OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO: (3) ALL CONSEQUENTIAL, INCIDENTAL AND CONTINGENT DAMAGES WHATSOEVER.
RESTRICTION OF THE PERIOD LIMITATION OF ACTION: Any legal action relating to this Agreement or breach thereof shall be commenced with one (1) year from date of the work: Buyer shall be deemed to have accepted all delivered goods which he has not rejected within (10) days of receipt.
ALTERATIONS: Any alterations, additions, adjustments or repairs made by others, unless authorized or agreed upon by OCC, will be cause to terminate OCC's obligation under the contract.
ENFORCEABILITY. If any provision of this Agreement or the application thereof is hereafter held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and to this end only the provisions of this Agreement are declared severable.
ATTORNEY'S FEES AND COSTS. If any legal actions or other proceedings is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, misrepresentations in connection with any of the provisions of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorney's fees and other costs incurred in that action of proceeding, in addition to any other relief to which it may be entitled.
JURISDICTION AND FORUM. In the event a dispute arises between the Parties and/or if either Party initiates a lawsuit against the other Party, jurisdiction shall be the State of California and venue shall be San Diego County California.
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