Invoice disclaimer review

['putertutor]

I have been reworking some of my documentation and realized that my invoice disclaimer (under the customer signature) was not exactly up to snuff. I have revised it and would appreciate any feedback you might have. If any of you are so inclined, I'd like to see examples of your disclaimers as well.

Let me just say, preemptively, that I do not know what the law says about 'abandoned' parts in my state. That part of the disclaimer is really just a sort of a 'cover my butt' section and I don't believe that I would ever have need to actually discard a customers hardware, not for the foreseeable future, anyway.

Here it is...

By signing above, or being in receipt of any devices submitted for repair or merchandise sold, I (the customer) agree that all services performed are done to my satisfaction. I also realize that it is my (the customer) responsibility to protect and back up the data on my storage devices and hold I ANND Computer support harmless for any loss of data that may occur during the servicing of storage devices or devices attached to storage devices. I have picked up or received all items submitted to ANND Computer Support. Any items I have not picked up after 30 days from the date of this invoice will be considered abandoned, and I authorize ANND Computer Support to throw out or destroy such items (best efforts will be made to delete any data present). I have inspected the devices received and understand that claims of damage done by the work (dents, scratches, etc...) must be made at the time I receive the device(s) and not after. Claims made after are null and void.

 

[Carl]

Interesting before the work starts - it says:

"I (the customer) agree that all services performed are done to my satisfaction."

- I'm NO LAWYER, so this isn't legal advice -

Here's Mine - Check with your lawyer before using:

Customer Information Product Information
Name: Brand:
Address: Model:
City Serial:
State Zip Service Tag:
Phone ( ) Cell Phone ( ) PC Username, if Applicable
E-Mail 2nd E-Mail PC Password, if Applicable

YOU AGREE TO and acknowledge that you have read and understand the terms and conditions herein contained.

Ownership:
You certify and agree that you are the owner or an authorized agent for the owner of said computer(s), computer system(s), or related device(s). In the event that you are found not to be the true expressed owner of said computer(s), computer system,(s) or related device(s), you assume all liability for any claim(s) made as the result of the services rendered on said computer system, computer network system, or related device.
1. Disclaimer:
1.1. CO-NAME will conduct honest and reasonable services.
1.2. CO-NAME will use its best efforts to resolve customer’s technical problems.
1.3. CO-NAME will only perform and provide computer services, repairs, and upgrades as requested by the customer.
1.4. CO-NAME will diagnose and service your computer for an applicable fee as described in paragraph 8 below.
1.5. CO-NAME reserves the right to refuse work that it believes is beyond the scope of its ability or for other good cause.
1.6. CO-NAME is not responsible or liable for any problems arising from third party software, and/or hardware.
1.7. CO-NAME is not responsible or liable for any damages, or losses et al. related to service(s) provided, or not provided.
1.8. CO-NAME is not responsible or liable for loss of or damage to computer(s), hardware, peripherals, media, et al.
1.9. CO-NAME is not responsible or liable for lost, altered, or corrupted digitally stored material(s), data, software, et al.
1.10. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING A CURRENT BACK UP of all your digitally stored materials et al.
1.11. CO-NAME does not do warranty work. Authorizing CO-NAME to repair or service your computer may void the manufacturer's warranty. Parts and labor covered by a manufacturer’s warranty are non-refundable. You are responsible for knowing and understanding what is covered by any warranties on your computer.
2. Parts:
2.1. All computer systems, hardware component(s), related part(s), and/or peripheral devices require a deposit equal to the cost of the item(s) or component(s) prior to order placement, in the event of a “non-cash” deposit CO-NAME reserves the right to await clearance of funds prior to order placement.
2.2. All sales are final.
3. Program disks and Software:
3.1. You are required to supply CO-NAME with any and all software that you want installed on your computer.
3.1.1. Inclusive of, but not limited to:
3.1.1.1. Original Operating System CD or Media.
3.1.1.2. Microsoft Office CD’s or Media.
3.1.1.3. Driver Disks
3.2. In the event that operating system and/or program disks are not supplied with the computer and are required for completion of service, you authorize CO-NAME to purchase such legitimate software required to complete repairs.
3.2.1. All Operating Systems and Software require a deposit equal to the cost of said Operating System or Software prior to order placement and inception of work.
4. Virus Removal
Virus removal service removes all viruses CO-NAME Software discovers on your computer(s) it is without warranty or reinfection coverage.
5. Data:
5.1. CO-NAME WILL NOT BACK UP ANY DATA, software, information and/or files on your computer or other product unless specifically requested to do so, for an additional fee (Currently $XX.00) prior to the performance of any repair or service. In the event CO-NAME does back up any data, software, information and/or files, CO-NAME will make a single backup copy of such data, software, information and/or files which shall be surrendered to you upon delivery of computer and full satisfaction of monies due CO-NAME, or destroyed if not picked up within 30 days. If a System Reinstallation is required, you will lose all files on your hard drive unless they have been backed up prior to the service.
6. Privacy:
All confidential information that is communicated to and/or obtained by CO-NAME from you or your system in connection with performing repair(s) or service(s) shall be held in full trust by CO-NAME. At no time will CO-NAME disclose or communicate such information in any manner. Unless obligated to so by law, or by court order. This provision shall continue to be effective after the termination of this Computer Services contract.
7. Time:
Although the length of time required to service/repair your computer cannot be predicted; Turnaround time varies depending upon the complexity of the work, current workload, and delays beyond our control. Typical Turnaround time for service is two (2) to four (4) days.
7.1. CO-NAME does not carry out service(s) and/or repair(s) during holidays, and/or weekends.
7.1.1. Our Hours are 10 am to 5 pm Monday through Friday, Saturdays and Sundays by Appointment ONLY.
7.2. Onsite Time Agreement:
7.2.1. If CO-NAME cannot service or repair your computer equipment within one (1) hour, CO-NAME’s personnel are then obligated to bring the computer back to the CO-NAME workshop.
8. Rates and minimum charges:
8.1. On-Site Repairs; Minimum Charge (Currently $XXX.00) plus service(s) and/or repair(s) fees.
8.2. Diagnostic fee:
Diagnostics are included with all repairs. After diagnostics, CO-NAME will contact the customer with a verbal estimate for your system including any diagnostic charges if applicable. Written estimates will be provided upon request. If the customer chooses to have CO-NAME repair the computer, the diagnostics fee (currently $XX.00) will be waived. If the customer declines repair(s), they will be charged the stated diagnostics price.
8.2.1.1. Data recovery and most devices are not charged a diagnosis fee
9. Virus Removal:
Virus removal service will remove all viruses our software discovers on your computer it is without warranty or reinfection coverage.
10. Cancellation:
10.1. Cancellation Policy Before Work Has Been Started:
For orders that are cancelled before any work has started, there is a bench/diagnostic fee (currently $XX.00) due and payable once the computer is in CO-NAME Possession.
10.2. Cancellation Policy Once Work Has Been Started:
A minimum one (1) hour labor charge (currently $XXX.00), plus all accrued service(s) and/or repair(s) fees, charges, applicable hardware, and software fees, for installations and replacements will be charged to Customer.
10.3. Cancellation for Pick Up - Delivery / On-site service(s) and/or repair(s):
A minimum one (1) hour labor charge fee will be charged to Customer for any cancellation received within 24 hours of scheduled appointments whether or not any work has begun.
11. Payment:
Payment is due in full when repair(s) and/or service(s) have been completed, unless arrangements have been made in advance of repair(s) and/or service(s) being started.
11.1. Methods of Payment:
11.1.1. Cash, Pay Pal, and Credit Card via Pay Pal.
11.1.2. Check:
11.1.2.1. Only local checks are accepted with a valid STATE Driver License.
11.1.2.2. Returned checks will be assessed with related bank fees.
11.2. Title to goods:
Ownership of goods is conveyed to and retained by CO-NAME for the purposes of securing the value of the service(s) and/or repair(s), and materials provided, until such time as goods are paid for in full by the purchaser or purchaser’s agent. Inclusive of “On-Site” repair(s) and/or service(s), where computer(s) and/or other serviced item(s) will be surrendered to CO-NAME upon demand.
12. Abandoned items:
You are responsible for keeping in contact with CO-NAME while CO-NAME is in possession of your equipment, as the repair(s) and/or service(s) should be complete within four (4) days you should expect an expeditious return of your equipment. Unless arrangements are made advance of services being provided, any item left for repair or service that is not picked up and paid for within 60 days following completion of said repair(s) and/or service(s) will be considered as abandoned, and will be sold or discarded after 61 days by any means or methods CO-NAME may choose at its sole discretion and you waive any claims regarding such sales or disposal. CO-NAME will not guarantee the confidentially of any information that may remain on unclaimed electronic storage devices, as units are disposed of “AS IS”. Every effort will be made to contact you by phone and email in this event. Computers repaired at CO-NAME and not picked up for 30 days after completion of repair work are subject to a month storage fee (currently $50.00/Mo.).


___________________________ _______/____/201__
Signed (Client) Date:

 

[MyTG]

I have heard 30 - 45 days is common to be considered abandoned if not picked up. Just make sure the customer signs the forms, and document your attempts (dates and times and phone number/s) when you attempted to reach the customer. I would suggest trying to make at least 3 attempts. The Technibble Business Kit is great if you haven't purchased it yet. It saved me a lot of time.

 

[carrcomp]

I have been reworking some of my documentation and realized that my invoice disclaimer (under the customer signature) was not exactly up to snuff. I have revised it and would appreciate any feedback you might have. If any of you are so inclined, I'd like to see examples of your disclaimers as well.

Let me just say, preemptively, that I do not know what the law says about 'abandoned' parts in my state. That part of the disclaimer is really just a sort of a 'cover my butt' section and I don't believe that I would ever have need to actually discard a customers hardware, not for the foreseeable future, anyway.

Here it is...

By signing above, or being in receipt of any devices submitted for repair or merchandise sold, I (the customer) agree that all services performed are done to my satisfaction. I also realize that it is my (the customer) responsibility to protect and back up the data on my storage devices and hold I ANND Computer support harmless for any loss of data that may occur during the servicing of storage devices or devices attached to storage devices. I have picked up or received all items submitted to ANND Computer Support. Any items I have not picked up after 30 days from the date of this invoice will be considered abandoned, and I authorize ANND Computer Support to throw out or destroy such items (best efforts will be made to delete any data present). I have inspected the devices received and understand that claims of damage done by the work (dents, scratches, etc...) must be made at the time I receive the device(s) and not after. Claims made after are null and void.

Honest suggestion ... get the kit they sell here.

I use it, and it works great for me.

 

[nightkingdoms]

I've had mine reviewed by a lawyer, doesn't means it's the same for your state or situation. However, I can tell you that you won't get anywhere having them sign that before you even work on it. My work orders contain two signature areas: one before I work on it and one after. The after contains the part that says the client received all of their stuff and that it as in good/better condition, etc., etc. But it has to be after. Everything else that is foreseeable like billing, abandonment, etc. can be made in the first round. But if you want them to agree to work you performed, it has to be after. Mine it's separated out for exactly that reason.

I tell my clients in easy-to-understand terms... First signature is to authorize me to work on your computer, sets up payments terms, etc. and also puts the computer under my insurance (that's the kicker where they usually sign, their stuff "isn't" insured without their signature lol). The second shows that I gave back the computer and everything that goes with it in the same or better condition and signifies that they received it.

Also, you might want to say something like "dispose of" rather than "throw out" or "destroy".

 

['putertutor]

Thanks for your replies.

@carrcomp, yes I have been hemming and hawing about buying that kit, and I probably will pretty quickly here. I am just such a cheapskate...

@Carl, The disclaimer I posted is on my invoices, delivered after the repair, not prior. My work order disclaimer is a different one altogether. Though it is a fair bit simpler than yours. Do you really place all of that in front of your customer? To me it is far too legalese, and in my demographic, I guarantee it would lose me customers. I get the point about protecting yourself, and I am sure it works well for you, but I personally couldn't imagine placing such detailed and non-plain English verbiage in front of my customers.

 

[Carl]

Yes, mine is long - takes 1 page both sides (at 10pt). I know most people prefer the cut and dry (K.I.S.S.) forms - that say sign here and I can start working. I wish I could get away with a shorter form, but have seen and heard too many horror stories about what wasn't covered. Most of mine is essentially simple - "in case of data loss - don't blame me" and that I'm not responsible for other folks messes.

Don't think anybody has actually read it. I just fill it out - with their info, turn it over say "Sign here" and give them a copy.

(Yes - my form does have two signature spots - just noticed only one was copied/pasted here)

 

[StableSolutions]

Thanks for your replies.

@carrcomp, yes I have been hemming and hawing about buying that kit, and I probably will pretty quickly here. I am just such a cheapskate...

@Carl, The disclaimer I posted is on my invoices, delivered after the repair, not prior. My work order disclaimer is a different one altogether. Though it is a fair bit simpler than yours. Do you really place all of that in front of your customer? To me it is far too legalese, and in my demographic, I guarantee it would lose me customers. I get the point about protecting yourself, and I am sure it works well for you, but I personally couldn't imagine placing such detailed and non-plain English verbiage in front of my customers.

I was doin the same thing, I broke down today and just bought it.

Put it this way... If you make $50/hr ... the kit is $79.00 ...
Is it going to save you more than an hour and a half?

Odds are... yes. So just do it. lol

Good thing bout the kit is that it's been reviewed by lawyers and it's got disclaimers on just about everything and it's pretty sweet... Takes a while to brand your stuff on it and make sure there's no typo's (which there are) but it's nice and saved me a lot of time.