Terms & Conditions

GENERAL TERMS & CONDITIONS
FOR ALL ELECTRONIC
RESTORAL WORK

 

1.DESCRIPTION OF WORK TO BE PERFORMED:

ECR will clean and restore equipment damaged by smoke, water, and other adverse environmental influences. ECR service consists principally of the removal of corrosive and other damaging deposits that interfere with devices. In order to completely remove such deposits, ECR will disassemble equipment, clean, decontaminate and remove deposits thoroughly and reassemble it, discarding and replacing, where possible, obviously unusable parts, and making note of other parts that seem likely to need repair or replacement. Where repair services are to be included, they must be additionally specified and identified. For the subsequent functional or performance testing, readjustment, recalibration, and return to operation of restored equipment, ECR or the customer will consult the manufacturer or service technician, and in the reinstallation and recommissioning of restored equipment, and provide any further restoral services that may be required.

 

2.LOCATION OF THE WORK:

(a)ECR will determine, in consultation with the customer, whether the restoral services required can best be performed at the customer’s location or at ECR’s plant.

(b)If ECR’s services are to be performed at customer’s location, the customer must provide suitable working conditions for ECR’s service representatives, including water, drainage, ventilation, temperature control and electrical power.

(c)If ECR’s services are to be performed at its plant, ECR will ship and insure the equipment to be restored from customer’s location to the ECR plant and back again, ECR will also insure the equipment while on ECR’s premises. The cost for shipping and insurance will be for the account of the customer.

(d)The party at whose location ECR’s services are to be performed shall be responsible, at its expense, for procuring any work permit, tax exemption certificate, or other authorization necessary to permit ECR to perform it’s work.

 

3.PRICES AND PAYMENT

(a)Customer will be billed for restoration service, travel and living expenses, cost of materials, equipment rental costs, and other costs incurred by ECR to perform it’s restoral work.

(b)ECR will bill the customer weekly, and customer will pay each bill within ten (10) days of receipt. Any payment outstanding more that ten days after the billing date will become subject to a service charge of 1.5% per month thereafter, not to exceed the maximum rate allowed by law.

 

4.CUSTOMER RESPONSIBILITY:

Customer must provide to ECR all technical information available to it with respect to the equipment to be restored by ECR, particularly, but without limitation, any safety precautions to be observed in connection with such equipment.

 

5.RESPONSIBILITIES OF ECR’S REPRESENTATIVES:

ECR’s service technicians will carry out the restoral work with all due care and using their best judgment. They will not, however, expect as specifically contracted, be responsible for superintending or supervising the work of others, whether performed by customer’s own personnel, by repairmen provided by the equipment manufacturer or authorized service company, or by any other person.

 

6.DELAY:

Any statement made by representative of ECR as to the time required for the restoral of any equipment is an estimate only, based on the apparent condition of the equipment. Inspection of the equipment after disassembly, and other subsequent events, may render the estimate inaccurate. Thus, the customer may not rely on, and ECR shall be subject to no liability for failure to meet any estimate of the time required to complete restoral of any equipment.

 

7.WARRANTY:

ECR warrants that its restoral services as described under Paragraph 1 above will be performed in workmanlike manner, and that the equipment restored by it will be thoroughly clean. If ECR receives written notice with in one (1) year after its services were completed that the foregoing warranty has been breached, it will promptly remedy any incomplete or unsatisfactory restoral work that is found to exist. THE FOREGOING WARRANTY IS EXCLUSIVE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE.

 

8.LIMITATION OF LIABILITY:

(a)ECR shall not be held liable for any lost or damage to equipment or property of customers unless caused by the negligent or intentional act or omission of ECR’s representatives.

(b)ECR’s liability, whether in contract, tort, or otherwise shall expire one year after the completion of it’s restoral services and shall not, in any event, exceed the total amount paid by customer for such services.

(c)ECR shall not be liable for any loss of use of equipment, loss of revenue, profit or custom, or for any incidental, indirect, and special or consequential damages.