SOMERSET COMPUTER CENTER HOME PC INSTALLATION

PLEASE TAKE THE TIME TO READ THE FOLLOWING TERMS AND CONDITIONS UNDER WHICH SOMERSET COMPUTER CENTER AGREES TO PROVIDE LABOR ONLY SERVICES FOR INSTALLATION OF YOUR PC SYSTEM. THIS AGREEMENT IS BETWEEN YOU AND SOMERSET COMPUTER CENTER. HERE ARE THE DETAILS OF YOUR CONTRACT:

Your system. For the purposes of this Agreement, a System is defined as a single computer system comprised of the following components: monitor; central processing unit (CPU); input device (such as a keyboard); a data storage device (such as a disk drive); and any other components that are described specifically in this agreement or are standard (at the time of purchase) components of the model of the computer system you purchased.

The Services to be provided under this Agreement apply only to the area within 10 geographic miles of Somerset Computer Center, and only within Somerset County, Pennsylvania. Home PC installation services are available outside of the area defined by those boundaries, but are subject to Somerset Computer Center’s current on-site labor rate including the time that elapses traveling to and from your residence.

Installation Services. The installation services in this Agreement are labor only services which are limited to: (a) the initial, first-time installation of a single computer system; (b) connection of up to three external devices to the single computer system and (c) a basic orientation. This service includes a single one (1) time on-site event at your location unless additional site visits and services are purchased by you. This service does not cover any related network problems or any service which would be unique to the Computer System’s operation on a network. This Agreement assumes proper operation of all your equipment and System at the time the technician arrives at your location and does not include any repair services.

 Summary of Installation Services.

Basic System Setup Will Include:

• Unpack and verify systems and components including moving procured hardware to immediate area for installation.
• Setup and connect keyboard, speakers, one monitor (includes flat panel monitors and associated display software), and mouse, including modem phone cable/Ethernet cable (if applicable) to desktop or notebook.
• Powering up the system to verify that the system comes up to the operating system login screen.

External Device Connection Will Include:

• Up to three (3) devices – you must supply all cables.
• Unpacking external devices.
• Connecting external device to appropriate port on Computer System.
• Loading of appropriate System Manufacturer/Customer-supplied device drivers.
• Test operation of device(s).

Customer Orientation will include up to a maximum twenty (20) minutes orientation of the following:

• Location of major system components
  • On/Off switch
  • Reset button
  • CD/DVD identification and operation
  • Monitor controls
  • Basic keyboard layout
  • Mouse controls
  • Ports in back of Computer System (parallel, serial, USB, video, mouse, ect.)
  • Chassis screws location
• For Notebooks:
  • Demonstration on how to swap modules out of the bay
  • How to connect a drive externally

• Orientation of desktop components:
  • Basic navigation around desktop, including desktop icon tour
  • Opening and closing Windows
  • Starting application from Start Menu – XP tour
  • Shutting down and restarting system

The technician will review the above items in a checklist format.

Call for assistance. If at any time during the installation you have questions or concerns, please contact Somerset Computer Center at 814-445-3487.

Your responsibilities prior to and during an installation.  Prior to scheduling installation services with the technician it is your responsibility to:

• To ensure your System and all items necessary for installation are available to the technician and are located in the immediate area where the installation is to take place.
• To ensure that the physical installation site is adequate to properly house the System
• To ensure the accessibility of a phone jack/network jack and phone cord/Ethernet cable for the technician
• To ensure that all cables required for the connection of external peripherals are available to the technician (USB, serial, parallel, power cords, etc.)
• To provide the technician with legally licensed copies of any software, drivers, or minor applications required for installation of any external devices if different than those provided by Somerset Computer Center or different from Windows Standard drivers
• To remove any trash from the installation site.

IMPORTANT NOTICE. If any of the items you are required to provide are not immediately available to the technician upon arrival at the site location, the technician will accomplish as much of the installation service as possible and you will be responsible for any further installation of your System. In no event will you be entitled to any refund for amounts paid by you or any additional service from Somerset Computer Center.

Installation service hours. Service shall be available Monday through Friday 10am to 4pm local time, excluding regularly observed holidays.

An adult must be present at residences. For installation services provided at a residence, an adult must be present at all times during the service technician’s visit.

If you miss the service visit. If you or your authorized representative is not at the location when the service technician arrives, we regret that the service technician cannot install your System. The service technician will leave a card to let you know he or she was there. If this occurs, you will be charged an additional charge for a follow-up service call.

Governing law. This Agreement is governed by the laws of the Commonwealth of Pennsylvania.

Complete Agreement. This Agreement is the complete and exclusive statement of the Agreement between you and Somerset Computer Center and it supersedes all prior oral and written proposals and communications pertaining to the subject matter hereof.

LIMITATIONS TO INSTALLATION SERVICE. THIS AGREEMENT IS LIMITED TO A SINGLE SITE VISIT. This Agreement extends only to original purchasers of Computer Systems and located within the limited geographic area as determined by Somerset Computer Center. The services Somerset Computer Center agrees to provide under this Agreement are labor only installation services. This agreement does not cover any defect which exists or occurs in materials or workmanship in the System or in any System component, covered by your warranty. Operating supplies are not included. Repairs necessitated by software problems, or as a result of alteration, additions or deletions, adjustment and repair services which are necessary due to manufacturer’s recall of Systems or System components are not included. This Agreement does not cover repairs or damage as a result of: (i) accident, misuse, neglect, failure to follow instructions for proper use, care or cleaning of the System or abuse of the System or component (such as, but not limited to, use of incorrect line voltages, use of incorrect fuses, use of incompatible devices or accessories, improper or insufficient ventilation, failure to follow operating instructions, or use of out of specification supplies), (ii) an act of God such as, but not limited to,  lightning, flooding, tornados, earthquakes, and hurricanes, (iii) failure due to an external factor (fire, flood, failures or fluctuations of electrical power or air conditioning), (iv) the loading of software, software configurations or any data files, or (v) the moving of the system from one geographic location to another or from one purchaser to another.

Force Majeure. Somerset Computer Center is not liable for any failure or delay in performance due to any cause beyond its control. In any event, if Somerset Computer Center’s ability to render installation services is impaired by you or circumstances beyond Somerset Computer Center’s control, Somerset Computer Center may terminate this agreement.

Important Notice: Under no circumstances and in no event shall Somerset Computer Center be liable for any loss of any software or data. It is your responsibility to properly back up any items prior to allowing Somerset Computer Center to perform services

WARRANTY EXCLUSION. THE SERVICES ARE PROVIDED “AS IS”. SOMERSET COMPUTER CENTER MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES.

LIMITATION OF REMEDY. YOUR EXCLUSIVE REMEDY AND SOMERSET COMPUTER CENTER’S ENTIRE, COLLECTIVE LIABILITY IN CONTRACT, TORT OR OTHERWISE, UNDER THIS AGREEMENT IS THE PERFORMANCE OF INSTALLATION SERVICES IN ACCORDANCE WITH THIS AGREEMENT. IF SOMERSET COMPUTER CENTER IS UNABLE TO PROVIDE SUCH SERVICES, YOUR EXCLUSIVE REMEDY AND SOMERSET COMPUTER CENTER’S ENTIRE LIABILITY WILL BE THE PAYMENT OF ACTUAL DAMAGES NOT TO EXCEED THE CHARGE PAID BY YOU FOR THE SERVICE OR, IF NO CHARGE WAS PAID, THE THEN-CURRENT PUBLISHED CHARGE FOR THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL SOMERSET COMPUTER CENTER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, EXPENSES, COST, PROFITS, LOST SAVINGS OR EARNINGS, LOST OR CORRUPTED DATA, OR OTHER LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR OUT OF THE INSTALLATION, DE-INSTALLATION, USE OF, OR INABILITY TO USE THE SYSTEM, OR OUT OF THE USE OF ANY SERVICE MATERIALS PROVIDED HEREUNDER.

CANCELLATION. SOMERSET COMPUTER CENTER MAY IMMEDIATELY CANCEL THIS AGREEMENT AND YOU WILL NOT BE ENTITLED TO A REFUND IF YOU FAIL TO PROPERLY RESTRAIN A PET, IF YOU THREATEN EITHER VERBALLY OR PHYSICALLY OUR TECHNICIAN, IF YOUR LOCATION OR THE GENERAL AREA WHERE THE SYSTEM IS LOCATED IS INFESTED WITH BUGS, RODENTS, PESTS, BIOHAZARDS, HUMAN OR ANIMAL EXCREMENT AND/OR CHEMICALS AS REASONABLY DETERMINED TO BE UNSAFE BY OUR TECHNICIAN.

INDEMNIFICATION. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS SOMERSET COMPUTER CENTER FOR ANY CLAIMS (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS FOR NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT BY SOMERSET COMPUTER CENTER) AND FOR ANY LOSSES, DAMAGES, LIABILITIES, OR COSTS INCURRED BY SOMERSET COMPUTER CENTER (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES, DEFENSE COSTS, AND EQUITABLE RELIEF) ARISING OUT OF OR IN ANY MANNER RELATED TO THIS AGREEMENT OR THE SERVICES PROVIDED BY SOMERSET COMPUTER CENTER.

Neither Somerset Computer Center nor you may institute any action in any form arising out of this agreement more than eighteen (18) months after the cause of the action has arisen, or in the case of nonpayment, more than eighteen (18) months from the date of the last payment.

With regard to any services that are not within the coverage of this Agreement, it will be within Somerset Computer Center’s discretion whether to perform the services, and, if Somerset Computer Center elects to perform the services, the services will be subject to an additional charge to be paid by you.