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NBI Computer Services Inc.
Terms of repair service

   THIS AGREEMENT CONTAINS THE TERMS AND CONDITIONS THAT APPLY TO SERVICES THAT MAY BE AVAILABLE TO YOU AT NBI COMPUTER SERVICES INC.   THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.  PLEASE SEE PARAGRAPH SEVEN (7).  

1.        AUTHORIZATION TO PERFORM SERVICES.  The customer (you) hereby authorize NBI Computer Services Inc. (NBI) to perform diagnostic, repair and installation services on your Produce (the “Work”).  You agree to pay for such Work in accordance with the terms and conditions of this agreement.  

A)  Warranty Work.  If the work is covered under an existing limited warranty, you hereby authorize NBI Computer Services Inc. to perform the Work in accordance with the terms and conditions of such limited warranty and you hereby agree to pay any charges applicable to such Work pursuant to such limited warranty.  Confirmation of the limited warranty may be required prior to NBI Computer Services Inc.’s provision or warranty service.  FOR WARRANTY SERVICE, THE TERMS AND CONDITIONS OF THE APPLICABLE LIMITED WARRANTY SHALL APPLY AND THIS AGREEMENT DOES NOT MODIFY, INCREASE, OR DECREASE THE RESPECTIVE RIGHTS AND OBLIGATIONS OF THE PARTIES UNDER SUCH LIMITED WARRANTY NOR DOES THIS AGREEMENT GRANT YOU NEW RIGHTS EXCEPT AS PROVIDED HEREIN.  NBI COMPUTER SERVICES DOES NOT PROVIDE WARRANTY SERVICE FOR ANY MOUSE, KEYBOARD, MONITOR, OR PRINTER ACQUIRED WITH YOUR PRODUCT.  CONSULT THE WRITTEN LIMITED WARRANTY YOU RECEIVED WHEN YOU PURCHASED THE PRODUCT IF YOU HAVE ANY QUESTIONS ABOUT YOUR RIGHTS AND OBLIGATIONS.  WHERE THE TERMS OF THIS AGREEMENT AND THE LIMITED WARRANTEE ARE INCONSISTENT, THE TERMS OF THE LIMITED WARRANTEE WILL GOVERN.  

B)  Out of Warranty Work.  If the Work is not covered under an existing limited warranty, you hereby authorize NBI Computer Services Inc. to obtain parts and to perform the Work and you agree to pay all applicable fees, taxes, and other charges for such parts and services in accordance with NBI Computer Services Inc. current price list.  PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE OR OBLIGATION PRIOR TO YOUR AUTHORIZATION TO PERFORM SERVICES.  PRICES DO NOT INCLUDE APPLICABLE TAXES OR SHIPPING AND HANDLING, WHICH WILL BE ADDED TO THE PRICE YOU PAY.  A MINIMUM DIAGNOSTIC CHARGE WILL BE CHARGED FOR THE INITIAL DIAGNOSIS OF ANY REPAIR NOT COVERED BY A LIMITED WARRANTY WHETHER OR NOT YOU SUBSEQUENTLY AUTHORIZE SUCH REPAIR.  PLEASE CONSULT THE CURRENT NBI COMPUTER SERVICES PRICE LIST FOR THE AMOUNT OF THIS CHARGE BEFORE YOU SIGN THIS AGREEMENT OR AUTHORIZE ANY WORK TO THE PRODUCT.  IF YOU SUBSEQUENTLY AUTHORIZE SUCH REPAIR WITHIN FOURTEEN (14) DAYS, THIS MINIMUM DIAGNOSTIC CHARGE WILL BE APPLIED AS A CREDIT AGAINST ANY CHARGES FOR PARTS AND/OR SERVICES FOR SUCH REPAIR.  PARTS USED BY NBI COMPUTER SERVICES MAY BE NEW OR SERVICEABLY USED.,    

2.  LOST OR ALTERED COMPUTER FILES.  You are responsible for backing up all proprietary and confidential information on the Product and for maintaining a procedure external to the hardware products for the reconstruction of lost or altered files, data, or programs.  NBI COMPUTER SERVICES SHALL NOT BE LIABLE FOR LOST OR ALTERED FILES, DATA, OR PROGRAMS, EVEN IF CAUSED BY THE NEGLIGENCE OF NBI COMPUTER SERVICES OR ITS AGENTS OR EMPLOYEES.  DIAGNOSTIC AND REPAIR SERVICES ARE PROVIDED WITHOUT ANY OBLIGATION OF CONFIDENTIALITY OR NON-DISCLOSURE ON THE PART OF NBI COMPUTER SERVICES, ITS EMPLOYEES OR AGENTS.  DELETE FROM THE PRODUCT ANY FILE OR DATA YOU CONSIDER PRIVATE, CONFIDENTIAL OR PROPRIETARY.  IN-STORE PERSONNEL ARE NOT AUTHORIZED TO CHANGE THE TERMS AND CONDITIONS OF THIS AGREEMENT.  

3.  Services Diagnostic testing causes a computer system to be stressed to the limits of the system capabilities and many times beyond them. It is possible that during such testing a weak or previously undetected damaged component installed in the computer system being tested to fail making replacement of the component part a requirement for the system to be restored to full functionality.  In the event of such failure it is agreed that you will not hold NBI liable for the replacement cost of any component part that fails ether during or at any subsequent time after diagnostic testing services have been completed.  If NBI performs the repair you understand that any required component part will be billed at the current listed price PLEASE CONSULT THE CURRENT NBI COMPUTER SERVICES PRICE LIST FOR THE AMOUNT OF THIS CHARGE

  4.  LIMITED WARRANTY: DISCLAIMER OF WARRANTIES.  To the extent the Work is performed is for services other than non-warranty repairs to the Product, this Agreement is a service contract only.  The only warranty that applies to your Product is the limited warranty provided by NBI Computer Services Inc. under the Product Agreement that shipped non-warranty repairs.  NBI Computer Services Inc. warrants that the Work to be performed under a Product limited warranty shall be performed in a professional and workmanlike manor.  For workmanship for thirty (30) days term from the date the parts are installed, failing which NBI Computer Services Inc. will either, at it’s option: (1) correct any defect in material or workmanship, or failure of the part to conform to the manufacturer’s published specifications at no charge to you for in-house labor or materials, or (2) refund the amounts you paid for the parts upon their return to NBI Computer Services Inc.  Any replacement parts may be new or serviceably used.  NBI COMPUTER SERVICES DOES NOT WARRANT SOFTWARE OR NON-NBI COMPUTER SERVICES BRANDED PARTS.  To obtain service under this limited warranty, you must bring your Product to the Store location where your Product was originally serviced.  Please note that NBI Computer Services Inc. will be responsible for shipping costs related to replacement parts, but you are responsible for costs of bringing your Product to NBI Computer Services Inc. for service.  Warranty Work may be denied or limited if your account is not in good standing, including outstanding debt for replacement parts not returned.  If you choose to contact NBI Computer Services Inc. in writing, send your request for warranty service to NBI Computer Services Inc. c/o the NBI Computer Services Inc. at which the original repair was made.  For information on the location of NBI Computer Services Inc. stores, call 1-(718)-549-1463.  The limited warranties made hereunder are not transferable.  FAILURE TO FOLLOW THE PROCEDURES SET OUT IN THIS SECTION MAY RESULT IN DELAYS IN THE REPLACEMENT OF PARTS, REPAIR, OR REPLACEMENT OF YOUR PRODUCT, OR MAY RESULT IN ADDITIONAL CHARGES TO YOUR ACCOUNTANT.  NBI COMPUTER SERVICES RESERVES THE RIGHT TO REFUSE TO ACCEPT PRODUCTS WHERE THESE PROCEDURES ARE NOT FOLLOWED.  NO INFORMATION OR ADVICE (WRITTEN OR ORAL) PROVIDED TO YOU BY NBI COMPUTER SERVICES OR ITS AGENTS, OR EMPLOYEES, WILL CREATE A WARRANTY BY NBI COMPUTER SERVICES, OR INCREASE THE SCOPE OF THIS AGREEMENT.  THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE-TO-STATE.  SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG IMPLIED WARRANTIES LAST, SO ABOVE LIMITATION MAY NOT APPLY TO YOU.  

5. LIMITATION OF LIABILITY.  EXCEPT WHERE SUCH EXCLUSION IS CONTRARY TO PUBLIC POLICY, IN NO EVENT SHALL NBI COMPUTER SERVICES INC., ITS EMPLOYEES, AGENTS OR CONTRACTORS, BE LIABLE UNDER THIS AGREEMENT FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS OR REVENUE, ECONOMIC LOSS, LOSS OF DATA, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE OF REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, YOUR TIME, THE CLAIMS OF THE THIRD PARTIES, AND INJURY TO PROPERTY, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING BUT NOT LIMITED TO, BREACH OF WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, AND EVEN IF NBI COMPUTER SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  IF ANY PROPORTION OF THIS SECTION 4 (FOUR) IS HELD INVALID OR UNENFORCEABLE, ANY LIABILITY OF NBI COMPUTER SERVICES, AND ITS SUPPLIERS AND THIRD-PARTY SERVICE PROVIDERS UNDER THIS AGREEMENT IS EXPRESSLY LIMITED TO THE FEES YOU HAVE PAID FOR THE SERVICE GIVING RISE TO THE CLAIM.  YOUR SOLE REMIDY AGAINST NBI COMPUTER SERVICES AND ITS SUPPLIERS AND THIRD-PARTY SERVICE PROVIDERS IN ANY DISPUTE UNDER THIS AGREEMENT SHALL BE TO SEEK RECOVERY OF THE AMOUNTS YOU HAVE PAID, UPON THE PAYMENT OF WHICH NBI COMPUTER SERVICES AND ITS SUPPLIERS AND THIRD-PARTY SERVICE PROVIDERS SHALL BE RELEASED FROM AND DISCHARGED OF ALL FURTHER OBLIGATION AND LIABILITY TO YOU.

   6. ENTIRE AGREEMENT.  This Agreement contains the entire understanding of the parties and supersedes all previous oral and written agreement with regard to the subject hereof.  No term or condition of any purchase order issued by the Client inconsistent with this Agreement will be binding upon NBI Computer Services Inc.  In-store personnel do not have the authority to alter the terms and conditions of this Agreement.

  7.  GOVERNING LAW.  This Agreement is governed by the Laws of the State of New York, without giving effect to conflicts of law rules.

 8. DISPUTE RESOLUTION.  You agree that any Dispute between You and NBI Computer Services Inc. will be resolved exclusively and finally by arbitration administered by the National Arbitration Forum (NAF) and conducted under it’s rules, except as otherwise provided below.  The arbitration will be conducted before a single arbitrator, and will be limited solely to the Dispute between you and NBI Computer Services Inc.  The arbitration shall be held at any reasonable location near your residents by submission of documents, by telephone, online, or in person.  Any decision rendered in such arbitration proceedings will be final and binding on each of the parties, and judgment may be entered thereon in any court of competent jurisdiction.  Should either party bring a Dispute in a forum other than NAF, the arbitrator may award the other party its reasonable costs and expenses, including attorneys’ fees, incurred in staying or dismissing such other proceedings or in otherwise enforcing compliance with this dispute resolution provision.  You should understand that You would have had a right to litigate disputes through a court, and that You have expressly and knowingly waived that right and agreed to resolve any Disputes through binding arbitration.  This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Section 1, et seq.  For the purposes of this section, the term “Dispute” means any dispute, controversy, or claim arising out of or relating to (1) this Agreement, its interpretation, or the breach, termination, applicability or validity thereof, or (2) the purchase or use of any product, accessory, service or otherwise from NBI Computer Services Inc.; the term “NBI Computer Services” means NBI Computer Services Inc. and it third party service providers, and their respective subsidiaries, affiliates, directors, officers, employees, beneficiaries, agents or assigns; the term “You” means you the original purchaser, your agents, beneficiaries, or heirs.  Information may be obtained from the NAF online at www.arb-forum.com, by calling 1-800-474-2371, or writing to P.O. Box 50191, Minneapolis, MN, 55405.  

 9.  SEVERABILITY.  If any provision contained in this Agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this Agreement.  

 10. GENERAL.  

A. YOU MAY NOT ASSIGN THIS AGREEMENT OR ANY OF YOUR RIGHTS HEREUNDER WITHOUT THE EXPRESS WRITTEN CONSENT OF NBI COMPUTER SERVICES.  Services provided by NBI Computer Services Inc. under this Agreement may be provided, at NBI Computer Services Inc.’s option, by an independent third-party service provider.

B. SUBJECT TO THE LIMITATIONS OF APPLICABLE LAW, AND IN ADDITION TO SUCH OTHER REMEDIES THAT MAY BE AVAILABLE TO NBI COMPUTER SERVICES UNDER APPLICABLE LAW.  YOU HEREBY AUTHORIZE NBI COMPUTER SERVICES TO RETAIN POSSESSION OF THE PRODUCT UNTIL ALL SUMS OWED BY YOU UNDER THIS AGREEMENT HAVE BEEN PAID IN FULL.  IF YOU FAIL TO PICK UP YOUR PRODUCT WITHIN THIRTY (30) DAYS AFTER NOTICE FROM NBI COMPUTER SERVICES, YOU SHALL BE DEEMED TO HAVE ABANDONED THE PRODUCT AND YOU HEREBY AUTHORIZE NBI COMPUTER SERVICES TO DISPOSE OF THE PRODUCT IN ACCORDANCE WITH APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, AND AT NBI COMPUTER SERVICES' SOLE OPTION, SELLING THE PRODUCT BY PUBLIC OR PRIVATE SALE, ALL WITHOUT LIABILITY OR ACCOUNTING TO YOU.

C. IN THE EVENT NBI COMPUTER SERVICES HIRES AN ATTORNEY TO COLLECT ANY SUMS OWED BY YOU UNDER THIS AGREEMENT OR OTHERWISE ENFORCE ITS RIGHTS HEREUNDER, YOU AGREE TO PAY THE REASONABLE FEES OF SUCH ATTORNEY AND ANY OTHER REASONABLE COSTS AND EXPENSES INCURRED BY NBI COMPUTER SERVICES IN ENFORCING ITS RIGHTS UNDER THIS AGREEMENT.

D.  ANY SUM NOT PAID BY YOU WHEN DUE AND OWNING IS SUBJECT TO INTEREST AT A RATE NO LESS THAN TWO (2%) PERCENT PER MONTH OR THE MAXIMUM ALLOWED BY LAW AND/OR A ONE TIME LATE PAYMENT FEE OF TWENTY FIVE $25.00 DOLLARS.

  Hardware Repair Warranty
NBI will warranty parts and labor on repairs for a period of 30 days. Manufactures guarantee covers replacement parts after 30 days and the customer must refer to the manufacture for exchange, repair, or replacement of the defective part.

Software Repair Warranty
Due to the variable nature of software and the ability of end users to change the configuration of many different types of software, NBI cannot offer any guarantee real or implied that would cover any software repair or reload other than the software will be in a functioning condition when it leaves our shop.

Parts Warranty
Internal computer parts when sold separately (not a part of a complete computer system) including but not limited to: motherboards, processors, memory, PCI cards, power supplies, and other such components have a 30-day ONLY IF DEFECTIVE warranty. Should a part prove defective NBI will gladly replace the part with another of the same make and model ONLY. After the 30 days the customer should contact the manufacture of the part for warranty service. However, as part of our customer service NBI will be glad to provide the customer with any information needed to contact the manufacture for a replacement.

 Note, NBI defines defective as :
Any part that is non-functional or is not performing within the limits of the manufactures specifications.

While NBI warranties that our computer parts will function as the manufacturer intended, we cannot and will not warranty a part to function as expected in a specific computer configuration or operating environment . Therefore, we ask that our customers be sure that the part they order will work in the computer configuration in which the part is to be installed. If a part is returned as defective and proves to be working at the manufacturers specifications the part will be returned to the customer and the customer will be charged a $50.00 bench fee as well as the return shipping charges as outlined in the RMA agreement.
Monitors, scanners, speakers, and other external parts are covered by the manufactures warranty only, and the customer should refer to their owners manual for details on how to obtain warranty service. Case lights and LED's including but not limited to front panel lights, cold cathode lamps, neon lamps and decorative LEDs are not included in any warranty either real or implied by NBI Computer Services other than the lights will be in a working condition when delivered to the customer.
Please see our RMA page for details.