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Mullin & Sons, Inc.

Terms and Conditions of Services & Sale

 

THESE ARE THE TERMS AND CONDITIONS UNDER WHICH Mullin & Sons, Inc. ACCEPTS ORDERS FOR ITS PRODUCTS AND SERVICES. BY ACCEPTING ANY OF THE PRODUCTS AND SERVICES Mullin & Sons, Inc., IT IS AGREED THAT THE TERMS OF THIS DOCUMENT, INCLUDING WITHOUT LIMITATION THE DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY.

 

We promise to use our best professional skills and expertise while working on your system. We will keep you informed of progress and/or changes as outlined below. We enter into this agreement with you in good faith and trust, understanding that all parties will perform to the best of their abilities and uphold their responsibilities as outlined in this agreement. We are sorry, but due to the complexities and sensitive nature of computer systems, peripherals and components, we cannot assume liability for your equipment, configuration, software and/or data. You agree that you have requested our services and that you accept any risks involved. We offer a one-year parts, and labor warranty against manufacturer defects on most new parts we sell and install. This warranty is limited to replacement of these parts only. System configuration, applications, data and/or other equipment or components are not included. You agree to pay all costs of collection, including reasonable attorney's fees, should it become necessary.

 

Fees:

1)       The minimum shop service fee is $50. The minimum on-site service fee is 2 hours charged at the applicable hourly rate. All time associated with your project, including travel and consulting time is applicable.

2)       Any parts special-ordered at your request are non-returnable and non-refundable, except by prior agreement, which may include re-stocking, shipping or hourly fees.

3)       The full balance remaining of all fees must be paid prior to release of any equipment.

 

I have read and filled out the above agreement and agree to the Terms and Conditions as outlined. I authorize Mullin & Sons, Inc. to perform the work as outlined for the amount estimated.

I understand and agree that my equipment becomes the property of Mullin & Sons, Inc. if I do not satisfy any and all fees within 90 days from the time that Mullin & Sons, Inc. attempts to          notify me by phone or email that my equipment is ready for pickup. I authorize Mullin & Sons, Inc. to utilize or sell my equipment without further contact if I fail to pay my bill within 90 days.

I hereby agree that Mullin & Sons, Inc. shall have a security interest, to the extent of its billed or charged amount in the equipment, which has not been redeemed and paid for within the aforementioned 90 day timeframe. 


 

TERMS

 

Unless otherwise specified, all amounts are quoted in U.S. funds. All orders require a fifty percent (50%) deposit due at time of order. Account balances are due in full within 30 days after delivery and/or, if applicable, installation. After 30 days, a 1.5% per month finance charge will be assessed on all past due accounts, commencing as of the date of delivery. Buyer is also responsible for any collection costs, including reasonable attorney fees, incurred by Mullin & Sons, Inc. in collecting a delinquent account.

 

SALES TAX

 

Mullin & Sons, Inc. is authorized to collect tax in Alabama only. For all orders with point of delivery outside of Alabama, the customer will be required to pay the sales tax directly to the appropriate government agency and will be required to indemnify Mullin & Sons, Inc. against any such liability.

 

ORDERING INSTRUCTIONS

 

Mullin & Sons, Inc. proposes pricing based on specifications provided by the Buyer. Mullin & Sons, Inc. proposals are highly detailed and reflect our interpretation of the specifications. All orders are subject to acceptance by Mullin & Sons, Inc. in Madison, AL. Receipt by Buyer of Mullin & Sons, Inc.'s order acknowledgement indicates acceptance of Buyer's order subject to the terms set forth herein and the acknowledgement and is final and binding. The order acknowledgement will be considered the final expression of the agreement between the Buyer and Mullin & Sons, Inc. and shall be the exclusive expression of the terms thereof, except that the order acknowledgement shall be subject to these terms and conditions. Nor orders are binding on Mullin & Sons, Inc. until execution of the order acknowledgement.

 

ORDER CHANGES

 

Mullin & Sons, Inc. is not required to accept any requested change after order acknowledgement; however, all reasonable requests for changes will be honored. All requests for order changes by the Buyer must be confirmed, in writing, by Mullin & Sons, Inc. in order to be effective. Any order change accepted after order acknowledgement is subject to our ability to confirm and will be subject to a charge for materials, labor, and other costs involved in the change depending on the status of the order at the time of the change request.

 

CANCELLATIONS

 

Acknowledged orders, including order changes may not be canceled without the consent from Mullin & Sons, Inc.. If a cancellation is approved, the order will be subject to cancellation charges consisting of a ($50) administrative fee plus any out-of-pocket expenses incurred by Mullin & Sons, Inc..

 

LIMITED WARRANTY

 

Mullin & Sons, Inc. warrants its products to the initial Buyer to be free from defects in materials and workmanship under normal use and service for 30 days from the date of delivery. The warranty covers goods under normal use and in service under conditions for which the merchandise was designed. This remedy is exclusive and Mullin & Sons, Inc. does not authorize any person to create for it any other obligation or liability. Mullin & Sons, Inc. makes no other warranties, either expressed or implied as to any matter whatsoever, including without limitation the condition of the merchandise, it's merchantability, or its fitness for any particular use or purpose except as otherwise expressly provided in writing. This warranty becomes null and void on any product repaired or altered by any person not so authorized by Mullin & Sons, Inc. or on any merchandise which has been damaged or found to be defective due to the Buyer's negligence, lack of care, accident, alteration, misuse, improper storage, improper assembly or installation, improper repair or maintenance, fire or other casualty. During the warranty period, the exclusive remedy of the Buyer is limited to the following: Mullin & Sons, Inc. will have the option to repair, replace, or return the purchase price or some portion thereof, or provide a credit or reimbursement for repair by a third party acceptable to Mullin & Sons, Inc., of any product which exhibits such material or workmanship defects. Mullin & Sons, Inc. shall not be liable for commercial loss or any consequential or incidental damages that may arise as a result of any defective product. The one-year limitation may not apply because some states do not allow limitations on the duration of n implied warranty of the exclusion of limitation of incidental or consequential damage. Not withstanding the foregoing, Mullin & Sons, Inc. shall not be responsible for any loss, damage, or claim relating to the failure of any product supplied to be Y2K compliant. Mullin & Sons, Inc. hereby expressly disclaims any representation or warranty express or implied, relating to the compliance with the so-called Year 2000 or Y2K problem.

 

 

 

ALL SALES ARE FINAL, NO REFUNDS


 

 

 
 
   

Copyright 2005 Mullin & Sons, Inc.