Terms Conditions 175 | MIDCOM Data Technologies

Terms & Conditions Onsite Repair $175/hr

Terms & Conditions For On-Site Repair

Thank you for selecting the MIDCOM Service Group to repair your printer(s). The Base Rate for our services is $175.00 per hour plus parts with a 2-hour minimum (portal to portal). Should additional parts and/or a return trip(s) to install those parts be necessary, the T&M Basic Repair Rate of $175.00 per hour will apply to the return visit. MIDCOM parts and labor to install those parts is warranted for 30 days. By clicking on the security link, you agree that you have ordered this repair service from the MIDCOM Service Group and that you will pay for the services at the rates as described above, by credit card*. Applicable sales tax and shipping & handling will be charged to the customer for all parts required.

MIDCOM reserves the right to charge the credit card provided in advance for the minimum amount quoted at our discretion.

*Net terms are available with an approved credit application and a hard copy purchase order. Standard terms NET30 no discount

Contact us at (800) 643-2664 or email repairs@midcomdata.com for any questions. Visit our website at www.midcomdata.com.

Benefits of using our On-Site repair:

30 Day Guarantee on all parts and labor.
FAST response on all repairs.
Certified Technicians on all printer types.

“We keep you running!” – Here’s how:

A low-cost “HOT SPARE” resource for Refurbished and New Printers.
A great source for new printers from the major manufacturers.
Significant Money Savings with our Depot Repair Program.
Annual and Multi-Year Service Agreements with unlimited service calls.
Responsive Time & Material On-Site Service Calls.
A great way to cut down on costs with MIDCOM’s toner, standard labels and custom labels.

The MIDCOM Service Group ia a One-Stop Shop for all of your printer requirements!

Additional Terms & Conditions

Limitation of Liability – 1. By placement of a service repair order with MIDCOM Data Technologies, Inc. and MIDCOM Service Group, Inc. (both jointly referred to as MIDCOM herein), you acknowledge that MIDCOM does not accept liability beyond the remedies set forth herein, including but not limited to any liability for loss of business, lost or corrupted data or software, or the provision of services. MIDCOM will not be liable for incidental, indirect, punitive, special, exemplary or consequential damages, expenses, cost, profits, lost savings or earnings, or other liability arising out of or related to MIDCOM’s repair services, or out of the installation, deinstallation, use of, any services and/or materials provided hereunder—even if advised of the possibility of such damages or for any claim by any third party. You agree that for any liability related to the purchase of MIDCOM’s repair services, MIDCOM is not liable or responsible for any amount of damages above the amounts you paid for the applicable services. For the avoidance of doubt, MIDCOM’s entire liability for any claim arising from its services, regardless of legal theory, shall not exceed, as applicable, the fees paid for the services provided under the applicable repair service. Notwithstanding, anything in the agreement to the contrary, the remedies set forth in this agreement shall apply even if such remedies fail in their essential purpose. 2. Any and all disputes, claims and causes of action arising out of or connected with this Agreement (including but not limited to whether a particular dispute is arbitrable hereunder) shall be resolved exclusively by the American Arbitration Association in the state of Michigan under its Commercial Mediation Rules. Controversies or claims shall be submitted to arbitration regardless of the theory under which they arise, including without limitation contract, tort, common law, statutory, or regulatory duties or liability. 3. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred to a maximum of $1000 per claim, but in no event attorneys’ fees.
4. Under no circumstances will you be permitted to obtain awards for, and you hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of this Agreement, shall be governed by, and construed in accordance with, the laws of the State of Michigan, U.S.A. without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan. 4. MIDCOM is not liable for any failure or delay in performance due to any cause beyond its control. 5. Arbitration – ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND MIDCOM, its agents, employees, principals, successors, assigns, subcontractors, affiliates (collectively, for purposes of this paragraph “MIDCOM”) arising from or relating to the Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from the Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatory to the Agreement), SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION pursuant to the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment upon the decision or award rendered by the arbitrator(s) may be entered in any court having competent jurisdiction thereof. Arbitration proceedings shall be governed by this provision and the applicable procedures for consumer-related disputes, in effect at the time the claim is filed. The arbitration proceeding will be limited solely to the dispute or controversy between you and MIDCOM. In any dispute NEITHER YOU NOR MIDCOM SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS OF MIDCOM, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The place of mediation and arbitration shall be the City of Detroit, Michigan U.S.A., and the language of the mediation and arbitration shall be English. The arbitration decision or award rendered shall be final and binding on the parties and their respective successors and assigns, and to the fullest extent permitted by applicable law, they shall have no right to appeal any aspect whatsoever of the decision or award. The existence or results of any mediation or arbitration shall be treated as confidential. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO SUCH A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.