ASIC MASTER, LLC PRODUCT/MACHINE REPAIR ORDER
TERMS & CONDITIONS AS OF 11NOV21.
1. COMPLETION DATE: Is an estimate. ASIC MASTER (AM) strives to exceed the Customer’s expectations, but sometimes the unexpected happens. AM makes no guarantee or promise of a date by which the repairs will be completed.
2. LIMITED WARRANTY: AM warrants to the Customer for a period of thirty days following completion that the product/machine shall perform to its manufacturer’s standards subject to industry standard tolerances and variations. ASIC MASTER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT TO ASIC MASTER’S SERVICES, PARTS PROVIDED, OR THE REPAIRED MACHINES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ASIC EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES. AM’s liability under its limited warranty shall be limited to, at the sole discretion and choice of AM, either (A) repair of the machine again (with subsequent thirty days extension of the limited warranty) or (B) refund of the money paid for the repair (but not the diagnostic fee). The foregoing sets forth AM’s entire obligation and liability to the Customer in respect to repair of the product, and Customer accepts the same as its entire right and sole remedy in relation to any breach by AM of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL ASIC MASTER BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF IT HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. AM’S TOTAL LIABILITY ARISING OUT OF, OR IN ANY WAY RELATED TO, THE POSSESSION, STORAGE, USE, REPAIR, OR NON-REPAIR OF MACHINES, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING INTER ALIA NEGLIGENCE, FRAUD OF ANY SORT, TRESPASS, CONVERSION), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE REPAIR FEE ACTUALLY PAID BY THE CUSTOMER FOR THE REPAIR SERVICE. In the event of any dispute between AM and the Customer arising from the agreement or related facts, the Customer agrees that only Illinois law shall apply, and that jurisdiction and venue shall be had only in state court (and not federal court) in Cook County, Ill. The Customer agrees that shall be liable to and pay to AM any and all costs and expenses incurred by AM in enforcing or defending its rights under these Terms and Conditions, including inter aliareasonable attorneys’ fees and expert witness fees.
3. FEES AND COSTS. The diagnostic fee must be paid in advance and the Customer agrees that it considers said fee earned by AM when it is paid. It is non-negotiable and non-refundable, and intended to ameliorate some of the problems associated with unrepairable machines. Cleaning fee. AM cannot diagnose filthy machines. If your machine requires pre-diagnosis cleaning, you will required to pay a cleaning fee prior to AM’s commencement of any work.
4. UNREPAIRABLE AND UNCLAIMED MACHINES. If AM deems the repair of a machine impossible or commercially unreasonable, it shall so inform the Customer and arrange to ship the machine to the Customer at the Customer’s expense. If the Customer will not have forwarded to AM the shipping expenses after three requests for the same by AM, the Customer agrees that AM may presume that the Customer has abandoned its interest and title to the machine and that AM shall dispose of the machine as AM, in its sole discretion, sees fit. If a Customer will have placed both repairable and unrepairable machines with AM, the Customer agrees that AM may use salvageable parts from the bad machine to effect repairs to the good machine.
5. REPAIRED MACHINES UNCLAIMED. If the Customer will not have fully paid for the repairs and return shipping of a repaired machine within the payment schedule, the Customer agrees that AM may presume that the Customer has abandoned its interest and title to the repaired machine and that AM shall dispose of the machine as AM, in its sole discretion, sees fit, and the Customer expressly waives its rights to any unclaimed machines under the Illinois Revised Uniform Unclaimed Property Act.
6. CONSENT TO SHIPPING. The Customer assumes and bears all risks and hazards associated with the transport and shipping of all machines. The Customer understands and agrees that AM will ship machines to the Customer’s address on file with AM and without any insurance coverage for the machines. If the Customer wants AM to procure insurance coverage for the machines in transit, the Customer must (1) so notify AM and (2) pre-pay for the insurance.