1.
Warranty Information - Cherry Turbo
Tiger: Thank you for you purchase of the Cherry
Turbo Tiger. We believe it is one of the most
cost-effective and reliable computers available
and to show our confidence, we offer this
extensive warranty. First, we
like to think that you'll never need warranty
(or non-warranty) service for your Cherry
computer. We do try to use the highest quality
components in our systems. Repairs are a big
hassle for all involved. We'll do our best to
minimize your hassle and down-time.
We
fully warrant all Cherry Computers for
two years from date of purchase to include parts
and labor. In most cases, we'll pay 1/2 of the
shipping cost if arranged in advance. We pass
along manufacturers warranties which exceed our
own. Some cards have five year warranties for
parts. Peripherals vary, but you'll always get
the benefit of any doubt with us. Your best bet
is to contact us even if the peripheral has its
own warranty.
You
don't need to get authorization to return Cherry
products for warranty repair. Non warranty
repairs are best arranged before you return the
product.
Like
all manufacturers, we exclude some things from
our warranty. User modified or expanded systems
which fail due to same are not warranted.
Similarly, systems which are damaged due to
inappropriate or unconventional use are
excluded. Lastly, systems which fail due to
"outside" causes such as power surges,
spilled coffee, sledge hammers, or puppy teeth
are excluded.
We
reserve the right to SELECTIVELY extend
warranties on products of our choice for any
reason. We reserve the right to refuse
non-warranty service on some products and we
refuse to be responsible for losses due to
failure or malfunction. Some states limit or
extend liability of manufacturers and we abide
by such.
Extended
warranty agreements and guaranteed turn-around
contracts are available. Contact us for more
details.
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2.
Sample Service Agreement:
SERVICE
CONTRACT AND AGREEMENT (Sample from actual
client)...
This
agreement between Cherry Computers, Inc., herein
called "Provider" and […] Medical
Center of Vancouver, Washington, herein called
"Client", shall constitute the whole
and total agreement between both parties of this
agreement regarding the provision of maintenance
and repair services for computers and computer
products; the subject of this agreement.
Agreed,
Provider is a registered business in and of the
State of Washington, of the United States of
America under whose laws this agreement shall be
bound. Client is a registered business in and of
the State Of Washington, U.S.A.
Provider
agrees to provide the services specified under
the terms and conditions listed herein for the
duration of this agreement.
Client
agrees to pay provider for services rendered
under the terms and conditions herein as
specified.
Both
parties agree that products and services
provided as part of this agreement have limited
warranty and obligation and are provided without
warranty for suitability, applicability, or
merchantability.
Client
agrees to indemnify and hold harmless the
Provider in all matters of product application
and to protect the proprietary and commercial
rights of the Provider wherever those rights may
be placed at risk in the fulfillment of the
terms and conditions of this agreement.
Client
agrees that this agreement is not in any respect
exclusive and that Provider shall maintain the
right to provide like services to other clients
including entities who may compete with the
Client.
Client
agrees that title to items procured from
Provider shall remain in the possession of
Provider until full and complete payment has
been received.
Client
agrees that amounts due Provider beyond the date
specified and agreed herein shall be assessed a
service charge of not less than 1.5% per month
for past due amount.
Client
agrees that Provider shall not be responsible
for delays in shipping or failure to provide
service when such is beyond the reasonable
control of the Provider.
Client
acknowledges and accepts responsibility for
third party product obligations, licenses, and
warranties which are incorporated into Provider
products. Such responsibilities shall include,
but not be limited to copyright and patent
protection.
Both
parties agree that this contract shall not
terminate unless one or more of the following
occurs;
A) either party violates any provision of
this agreement
B) substantial change in the management
or control of
either party seriously alters the
operation or implementation
of this agreement.
C) a change in financial position
seriously alters
the operation or implementation of this
agreement.
D) mutual written agreement to terminate
is shared by each party
to this agreement by legal notice to the
other.
Both
parties agree that neither party shall be liable
to the other for damages of any kind including
incidental, consequential, or special which
occur as a result of the expiration or
termination of this agreement.
Both
parties agree that nothing in this agreement
shall be construed or constitutes a partnership
between parties or assigns. Neither is any
employer/employee, principal/agent relationship
formed between parties hereto.
Both
parties agree to hold private and confidential
all matters relating to the execution of this
agreement and matters of pre-public information
which affects its implementation or products
listed. Both parties agree to recognize the
private and confidential nature of the other's
business and agree to not make public
information garnished as a part of this
agreement which has not been made public by the
other.
Client
and Provider agree that the waiver, acceptance,
or failure by either party to enforce any
provisions, terms, or conditions of this license
shall not operate or be construed as a waiver of
prior or subsequent breeches or right of either
party to thereafter enforce such provisions.
Client
and Provider agree that the headings and
structure of this agreement are for convenience
only and shall not be considered as substantive
parts of this agreement. Singular and plural
forms shall include the other. This agreement
and its attached exhibits are the entire
agreement between parties relevant to subjects
included. This agreement is executed in and
under the laws of the State of Oregon. If any
part of this agreement is held to be invalid by
due authority, the remaining portions shall
remain in effect and construed so as to best
effectuate the intention of both parties. The
waiver of any default or portion shall not waive
subsequent defaults or portions.
Terms
and Conditions:
Client
seeks assurance that required computer
maintenance and repair services which are
available from provider shall be provided in a
timely and competent manner at manageable rates.
Provider
seeks adequate compensation for the services and
assurances provided and limitation of liability
for same.
Both
parties seek cooperation, open communication,
and convenient implementation of this agreement.
Provider
grants Client access to telephone support of up
to two non-accumulative hours per month at no
cost and any number of additional hours for
$__.00 per hour.
Client
guaranteed access to Provider services at the
lowest available published rates.
Both
parties agree that the following definitions of
"service request" and "acceptable
response" shall constitute the obligation
of Provider to Client for all Provider to Client
services included herein:
Service requests are made by Client to
Provider as follows...
"Routine Service Requests" are those
requests made during normal
business hours (9:00 AM to 5:00 PM)
during standard work days
(Monday through Friday except State and
Federal holidays) for
maintenance or repairs which may or may
not prevent use of equipment.
"Emergency Service Requests"
are any and all service requests other than
"Routine Service Requests".
Acceptable Responses to Routine Service
Requests are accepted as...
1. For Category One hardware (identified
below), Provider will respond
via telephone contact within two days
after service request by Client if
the Client call is made before 3:00 PM on
a business day. Otherwise,
Provider will respond via telephone
contact by 3:00 PM the second business
day. If necessary to resolve the problem,
Provider will respond
to Client site within three business days
of service request.
2. For Category Two hardware (identified
below), Provider will respond
via telephone contact within two business
days after service request by
Client. If required to resolve the
problem, Provider will respond to
Client site during the first available
regularly scheduled time slot.
Acceptable Responses to Emergency Service
Requests are accepted as...1. For Category One
hardware (identified below), Provider will
respond via
telephone contact within one day after service
request by Client if
the Client call is made before 3:00 PM on
a business day. Otherwise,
Provider will respond via telephone
contact by 9:00 AM the second
business day. If necessary to resolve the
problem, Provider will respond
to Client site within one business days
of service request.
2. For Category Two hardware (identified
below), Provider will respond
via telephone contact within two business
days after service request by
Client. If required to resolve the
problem, Provider will respond to
Client site within two business days of
service request.
Provider
will provide Routine service or repair as
offered and limited by the original
manufacturer's warranty for all "Listed
Equipment" as defined herein for the
duration of this agreement. Provider will
provide Emergency service for all "Listed
Equipment" as defined herein for the
duration of this agreement.
Provider
agrees to loan Client substitute equipment at no
charge when "Category One" Client
equipment must be removed from Client site for
repair. Client will pay Provider a monthly fee
of $___.00 for each hardware item identified as
"Category One" and $___.00 for each
hardware item identified as "Category
Two".
Service
which is requested of the Provider by Client
which does not qualify for warranty repair under
the terms and conditions of the original
manufacturer's warranty shall be billed at the
standard applicable rate listed in the current
"fee Schedule" of the Provider.
"System"
as used in this agreement refers only to
computer components delivered and installed by
Provider. A system includes all hardware built
into the computer, the attached keyboard, the
attached video display, and the attached
printer.
Provider
agrees to reimburse Client double the hardware
item's "Priority Status" fee if
Provider fails to make the required timely
response two or more times in any thirty day
period.
Provider
agrees to honor Client service requests at rates
based upon the current published "Rate
Schedule" of Provider.
Provider
agrees to notify Client ninety days before any
standard rate change which affects the terms and
conditions of this agreement. The current
"Rate Schedule" of the provider is
attached as an integral part of this agreement.
Should the Client reject the rate increase of
Provider, this agreement would be terminated
unless the Provider chooses to continue with the
previously accepted rate.
Both
parties acknowledge that response guarantees are
offered on a "best shot" basis. Delays
due to circumstance beyond Provider control may
or may not result in Client reimbursement.
Delays caused by Provider discretion will result
in Client compensation which may never exceed
the cost of the service contract for the failed
item for the one month during which the delay
occurred (limited liability). Furthermore,
Client agrees that Provider liability for any
action or loss arising from the completion or
invocation of this agreement shall be limited to
one month's retainer fee. This limited liability
specifically includes, but is not limited to,
loss of Client data, loss of Client time, loss
of Client profit or gain, or loss of Client
convenience.
Provider
assents privileges and rights herein to Client
in good faith based upon the character and
tradition of Client. Thus, this agreement is not
transferable, assignable, or to be delegated.
Provider may assign this agreement only to its
subsidiaries or entities of which it has
control.
This
agreement then is binding upon such assigns.
Service
Definition: [Client specific].
Service
Costs: [detailed for client].
Total Cost/Month = $ ___________. (A
fixed "bottom line").
[Closing,
with signatures].
3.
Certification & Awards:
OK, we won't brag. We're not just
"certified", we taught the
certification courses. We have appreciated
recognition by United Way, Boy Scouts of
America, and the American Red Cross. Our files
have numerous letters of commendation and
appreciation, but we don't share them. We'll
work hard to add yours to the file.
Perhaps the best indication of our treatment of
our customers is that we've never been sued -
and we're celebrating our twentieth business anniversary.
There's never been a compliant to the Better
Business bureau about us (that we know of).
That's an "award"!
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