Terms and Conditions

Terms and Conditions

(as contained in our Work Order)
1. References / Names. In any instances in this Work Order and/or where applicable, gender and tense will be as custom and usage would suggest from the context. Katy Cottage Techsperts shall in some instances be referred to below as Vendor, Contractor, Service Provider and/or KCT, as the instance provides. In all respects herein the Customer whose name appears at the top of this Work Order shall be referred to as “Customer”.

2. Pick-up and Delivery of Customer’s Equipment and Systems. We will pick-up and deliver your equipment and system(s) to and from your place of residence or business as designated above, provided that a transportation charge is included as a line item on this work order. We are not responsible for packing or disassembling your equipment and systems unless you have specifically requested this service, in which event a line item is included on this work order. If nothing is listed above, the customer is responsible for delivery and pick-up of their own equipment and systems at their cost and expense. Delivery arrangements of systems to our facilities must be by prior appointment only.

3. Initial Inspection and Evaluation. In most instances we will perform a system check and evaluation at our facilities to determine what is wrong and the nature of the repairs. We will notify you of our findings and the estimated charges for the repairs. You may then decide to move ahead by providing us with a deposit on the repair work, or to decide to cease repairs, in which case we will return the equipment and systems to you at the agreed upon charges. In the event services are previously agreed to be done on site, we may at our option make an inspection of the equipment at your premises and provide you with our assessment at that time. All charges for that on-site inspection will be added to this work order.

4. Work Performed and to be Performed. We will utilize our best efforts to perform all repairs and upgrades but do not guaranty that all systems can or will be repaired. Concerning repairs that are possible, much will depend on the condition of the equipment and the software at the time it is received. We will in each instance (after our initial inspection and evaluation) provide you with an assessment of the system and our estimate of what requires repair and/or replacement. We may suggest new components, software installation, or some combination of the two. In some instances (particularly with laptop systems) parts may not be readily available. In cases where parts are not available we may make suggestions for component part upgrades or equivalent replacements. We cannot guaranty that replacements or alternate parts will always be available. In some cases we may elect to return the system or equipment to you without making repairs, but only having charged you with our initial inspection charge and a pick-up/delivery charge.

System repairs where software configurations are altered or installed (including operating system installations), and hardware is not simultaneously installed or upgraded, are only warranted for a period of 10 days from completion. Replaced hardware only carries manufacturer’s warranties and KCT does not warrant hardware but may in certain instances and at its discretion repair or replace installed hardware if it is believed to have been defective at the time of installation.

5. Credit Card Approval and Authorization. At the outset of this Work Order and upon the acceptance of equipment and systems, Customer shall provide KCT with a credit card or debit card which may be debited for good and sufficient funds adequate to cover the costs of repair, replacement or all other goods and services listed above or reasonably required for KCT to perform under this Work Order. At any time such credit card or debit card is deemed overdrawn or the credit limit reached, KCT may in its discretion cease all work under this agreement until adequate assurance of future performance is presented by the Customer. KCT will charge the card with an initial amount to cover the initial inspection and evaluation plus the pick-up and return delivery fees. All subsequent charges will be upon written approval by Customer.

6. Limitations on Reparability; Refurbish, Replacement and Upgrades. KCT can make no promises or assurances that it will be able to repair computer systems, component parts or any other equipment that it takes possession of for inspection and evaluation. In the event a system cannot be repaired, it will be returned in the condition in which it was received. In some cases repair parts may not be available from the system manufacturer. In that instance, KCT may in its discretion propose that “off the shelf” readily available parts be selected. Any decision on the use of readily available “off the shelf” parts will ultimately remain with the Customer. In some instances KCT might propose upgrade parts or components that while still functioning, will not function properly with an upgraded or different operating system or other replaced parts or components. These modifications to the Customer’s equipment will only be performed with the prior consent and approval of the Customer. While alternate parts are expected to perform better than those they replace, that cannot always be guaranteed.

7. Data Recovery Operations. All data recovery operations are performed on a time and materials basis, and further will be conducted on a best efforts basis. There is no guaranty that data can or will be recovered, but Customer understands and agrees that such efforts are nevertheless billable.

8. New Systems / Custom Systems: When KCT has been engaged to completely build a new / customized system, all of the terms, conditions and provisions of this Work Order will remain in force and effect, however an Addendum will be added hereto that detail the precise specifics of that system and any special costs or considerations that need to be addressed.

9. On-Site Setup and Network Configurations. Most of our work and repair efforts will be conducted off-site, however, in the event KCT undertakes to perform on-site configurations of cable modems, LAN networks, Wi-Fi networks, or other routing or networking equipment, same will only be performed with the Customer’s prior consent. The nature of this work makes accurate estimates virtually impossible, and KCT will only undertake this work with Customer’s understanding that it will be charged on a time and materials basis which cannot be determined at the outset.

10. Privacy Policy. All customer data, whether it reside on a computer system, or on a drive that KCT accepts for data recovery is considered the Customer’s property, private and confidential and will be treated as such. KCT will use its best efforts to recover data, remove and move data and files, including but not limited to accounting and tax records, personal and private documents, acrobat / pdf files, email files, photos, music, favorites and passwords. Where possible such data will be recovered and saved onto a permanent medium such as a CD or DVD. Where possible such data will be replaced onto a new or repaired computer system so that it functions as intended. In no instance will KCT keep any copies of any private data subsequent to services being rendered, nor will KCT accept any liability of any kind for damages as a result of the loss or damage to data. Customers are expected to maintain adequate backups of data they keep stored on their computer systems, and data recovery by KCT is on a best efforts basis. KCT will not share or disclose any electronic data belonging to the Customer with any third party, unless or until it is provided with an appropriate court order or subpoena, in which event KCT will promptly notify the Customer who may wish to accept the responsibility of litigating the disclosure issue. KCT will comply with duly issued court orders and search warrants issued by law enforcement authorities.

11. Product Availability. If, because of technical, regulatory or other reasons beyond the control of the KCT and/or its vendors, the parts, systems, materials, product or other equipment ordered by this work order are unavailable for sale by KCT’s vendors and/or suppliers to this or any other customer or party with no expectation of re-supply, this order for the parts, materials, systems, products or equipment may be reduced in quantity or this order canceled in its entirety upon written notice by KCT to customer listed above.

12. Changes. Changes in the terms and conditions of this Work Order may be made only by written agreement of the parties and countersigned by the Customer.

13. Excusable delays. KCT is not liable for default or nonperformance which is caused by an occurrence beyond the reasonable control of the KCT, and without its fault or negligence such as, acts of God or the public enemy, acts of the U.S. Government or State of Texas in either their sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. KCT shall notify Customer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, and if possible shall remedy such occurrence with all reasonable dispatch.

14. Inspection/Acceptance. The Customer shall accept return of the equipment and systems upon delivery by KCT and at that time shall make prompt payment for those items that conform to the requirements of this contract. Customer shall inspect or test any systems or services that have been tendered for acceptance. Customer may require repair or replacement of nonconforming equipment or systems, or reperformance of nonconforming services at no increase in price. If repair/replacement or reperformance will not correct the defects or is not possible, then KCT and Customer will agree upon an equitable price reduction or adequate consideration for Customer’s acceptance of nonconforming supplies or services.

15. Invoicing and Proof of Delivery. KCT shall maintain careful records of acceptance, shipping and delivery of equipment and services, and shall provide fully documented Proofs of Delivery (POD) with all invoices. Each POD must be readable, must indicate date and quantity delivered, and must be signed by Customer or its employee to ensure ownership is taken at the receiving location. Invoices must include the information identified below to be accepted. Invoices/PODs will include an updated copy of this work order and should include:

  • KCT and Customer name and address
  • Work Order date
  • Customer Number
  • Project Number
  • Description, quantity, unit of measure, unit price and extended price of the items serviced or sold
  • Shipping or transportation details
  • Payment terms, including terms of any discount for prompt payment offered
  • Name and address of official to whom payment is to be sent
  • Name, title, and phone number of person to notify in event of defective invoice

16. Taxes. The Work Order price includes all applicable Federal, State, and local taxes and duties.

17. Payment. Payment shall be made to KCT for any services performed and all items accepted by Customer that have been delivered to the delivery destination(s) set forth above in this Work Order. Payment shall be made in advance of any work performed or any component parts to be acquired and installed by KCT, at the discretion of KCT. No work shall be performed until sufficient funds have been placed with KCT or other adequate security has been received by KCT.

18. Overpayments. If the KCT becomes aware of a duplicate contract financing or invoice payment or that Customer has otherwise overpaid on a work order or invoice payment, the KCT shall immediately notify the Customer and request instructions for disposition of the overpayment.

19. Risk of loss. Unless this Work Order specifically provides otherwise, risk of loss or damage to the equipment to be serviced and parts to be provided under this contract shall remain with the KCT from equipment pickup until return delivery to Customer, and shall pass back to the Customer upon the earlier of the following:
(a) Delivery of the systems and equipment back to Customer’s place of business or residence listed above.

(b) Delivery of the systems and equipment to a carrier, if transportation is f.o.b. origination with shipping costs prepiad; or
(c) Delivery of the supplies to an alternate destination specified in this Work Order, if transportation is f.o.b. destination and shipping is prepaid by the Customer. In no instance shall “Risk of Loss” include repair of inoperable equipment, but shall only include risk of loss due to a casualty event that occurs while equipment or systems are in the possession of KCT.

20. Title. Unless specified elsewhere in this contract, title to items furnished under this Work Order shall not pass to KCT upon acceptance of equipment or systems, regardless of when or where KCT takes physical possession.

21. Return Policy. All services and sales provided by this Work Order will be final, and title will pass to Customer at the time of acceptance of the equipment, systems, products and services. After return of equipment and systems, these products may not be returned unless it is recalled (by the manufacturer or the Consumer Product Safety Commission or other applicable regulatory agency).

22. Confidentiality. All terms and conditions of this Work Order including price, delivery, quantities and delivery locations will be considered confidential and as such all information is not releasable to persons or entities outside of the Vendor. Any outside inquiries shall be immediately reported to Vendor’s Chief Operating Officer for action.

23. Other regulatory compliance. The Vendor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance and tender of computer equipment or information technology services under this Work Order.

24. Termination for convenience. KCT reserves the right to terminate this Work Order, or any part hereof, for its sole convenience. In the event of such termination, the KCT shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, KCT may require that it be paid a percentage of the Work Order price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges KCT can demonstrate to Customer have been completed using its standard record keeping system, have been incurred prior to the termination. KCT shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

25. Termination for cause. KCT may terminate this Work Order, or any part hereof, for cause in the event of any default by the Customer, or if the Customer fails to comply with any contract terms and conditions, or fails to provide KCT, upon request, with adequate assurances of future payments. In the event of termination for cause, KCT shall not be liable to the Customer for any work to be performed or services to be rendered, and the Customer shall in addition to payment for work performed, services rendered and supplies/parts purchased, be liable to KCT for any and all rights and remedies provided by law. If it is determined that KCT improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

26. Warranties. There are no warranties express or implied for the repair of Customer’s computer equipment unless the same are stated expressly stated within this Work Order. In certain instances where new systems are specified by Customer and built by KCT, those systems are warranted for defects in materials for a period of 90 days, and for defects in the construction or installation of software for a period of 360 days.

27. Limitations on Liability for Loss or Damage. KCT shall not be liable for any loss or damage to Customer’s data of any kind whatsoever. KCT shall not be liable for damage or destruction to equipment, systems and/or component parts accepted for repairs, unless it can be shown that KCT was grossly negligent in replacing parts or performing repairs. All liability for loss or damage to equipment, systems and/or component parts shall be limited to the value of repair or replacement of the same. KCT shall not be liable for any consequential damages which may or can be incurred by Customer either in the past or the future as a result of repairs to equipment or the providing of new custom systems. Consequential damages shall include but are not limited to loss of use, loss of enjoyment, loss of future data recovery, and lost profits.

28. Law Governing. This Work Order shall be interpreted and construed in accordance with the laws of the State of Texas.

29. Construction and Interpretation / Entire Agreement. This Work Order is the entire agreement between the parties, and constitutes the sole agreement of the contracting parties. It supersedes any prior understandings or written or oral agreements between the parties respecting its subject matter, and no other oral or written statements shall become a part of the understanding between KCT and the Customer to perform repairs, remedy systems, including data recovery, and/or construct and build new custom systems.

In the event there is a contradiction or ambiguity that materially effects KCT’s performance, KCT shall immediately seek to remedy the same, or if such is to be resolved by a court of competent jurisdiction the court should look to the intention of the parties and the performance which has occurred in executing the tasks set out in this Work Order. In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, the invalidity, illegality, or unenforceability shall not affect any other provision of it and this agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained in it.

30. Arbitration. All claims and disputes arising under or relating to this Work Order are to be settled by binding arbitration in the State of Texas. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted by an arbitrator experienced in consumer commercial contracts, and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.