STANDARD TERMS AND CONDITIONS OF SALE

A) Carbon Custom Computers LLC, Carbon Custom Computers, and Carbon Computers (collectively “Carbon Computers") offers to its customers an exclusive Limited Lifetime Service Policy (the "Lifetime Service Policy) on all NEW laptop and desktop computers purchased from Carbon Computers. This Lifetime Service Policy is a guarantee that a customer of Carbon Computers who purchases a NEW computer system will not pay for labor or service charges related to any covered computer system, during the lifetime of that system. This Lifetime Service Policy extends only to original equipment, or subsequent upgrades purchased from and installed by Carbon Computers.
B) In addition to the Lifetime Service Policy, Carbon Computers further warrants the hardware of its NEW computer systems as follows: (1) All NEW desktop computer systems include a Lifetime Limited Hardware Warranty (the "Lifetime Warranty"), covering the original core computer. "Core Computer" is defined as all of the hardware inside the computer case. (The Core Computer excludes any desktop computer monitor, mice, keyboards, speakers or other peripherals which are covered by Carbon Computers for 90 days only). Because of rapidly and ever changing computer technology and manufacturers, certain parts or components can become unavailable. During the Lifetime Warranty, Carbon Computers will, at its sole option, repair or replace any defective desktop computer or defective part thereof, at its discretion, with new, used, refurbished, recertified, or comparable parts. If a desktop computer or component is no longer manufactured or widely supported in the market, or is not commercially available during the lifetime of the desktop computer and the repair of a desktop computer impracticable, Carbon Computers may, at its sole option, elect not to repair the desktop computer, but instead issue an in-store credit for the then value of the desktop computer. (2) All NEW Laptop computer systems include a 2-Year Limited Hardware Warranty (the "2-Year Warranty"). During the 2-Year Warranty, Carbon Computers will, at its sole option, repair or replace any defective laptop computer or defective part thereof, at its discretion, with new, used, recertified, or comparable parts
C) The Lifetime Service Policy, Lifetime Warranty, and the 2-Year Warranty (collective the "Warranties") are all limited as follows:
1. Non-Carbon Computers repairs, upgrades or installations on any covered Carbon Computers computer system are not covered by, and void the Warranties instantly on any system so modified. Every year during the time a computer is covered by the Warranties, Customers are required to bring the covered computer to any Carbon Computers service or sales facility for a FREE computer cleaning and tune-up. Any individual parts sold or installed separately from a New computer system must be purchased and installed by Carbon Computers to be covered by the Lifetime Service Policy, and that separate hardware is only covered to the extent of the original manufacturer's Warranty on such separate parts. There are no warranties, express or implied, which are not written herein. Any missing order items must be reported within 48 hours of purchase. Customer gives Carbon Computers the owner's right and permission to install and use diagnostic software during service.
2. Physical damage, abuse, or neglect, and damage caused by shipping, or misapplication of the product, repair modification, exposure to extremes of temperature or humidity, power fluctuations, lightning or improper electrical power are not covered by the Warranties.
3. Used or recertified equipment is sold as-is, without warranty, unless otherwise stated in writing on the original purchase invoice.
4. Software defects are not covered by the Warranties, but may be covered by the warranty of the individual software publishers as set out in the materials accompanying it. Opened or activated software is never refundable or returnable.
5. Warranty repairs or service do not extend the length of the Warranties and any computer left unclaimed for 45 days becomes the property of Carbon Computers.
6. To obtain performance under the Warranties the customer must bring the computer to a Carbon Computers store or service center, together with a copy of the original purchase receipt. The Customer is responsible for shipping charges to and from Carbon Computers. It is the customer's responsibility properly pack
computer to courier regulations and insure the item for the purchase price of the computer.
7. Repairs on non Carbon Computers computers are warranted against defects for 90 days.
D). It is of utmost importance that Customer protects all data and software on any covered computer system at all times. Carbon Computers is not responsible for loss of time, inconvenience, loss of data or software, inadvertent disclosure of data, loss of files, or any other direct, incidental, or consequential damage loss caused by a covered computer system or serviced computer or mobile device failing to properly operate, or caused by any fault or negligence of Carbon Computers during a warranty procedure or repair. Even though during some repair or service procedures, Carbon Computers attempts to backup and transfer certain data, and attempts to avoid situations where Customer data or software is lost, such occurrences of data are common. Customer agrees that prior to bringing in a computer or any other device for service, Customer has backed up all software and data on the computer, and expects that all data may be lost on a computer or device during or following any repair procedure, and Customer specifically agrees and understands that this document is intended to limit the liability of Carbon Computers for such data losses and releases Carbon Computers for the same. Customer warrants that there is no illegal content of any kind on any item left for service.
E) CREDIT AND COLLECTION: Interest will accrue on invoices considered PAST DUE at the rate of 21% ANNUALLY.
F) Customer specifically agrees that Customer waives, in advance, any causes of action, rights or claims against Carbon Computers related to the loss, disclosure or dissemination of Customer's data, pictures, contacts, software, or personal files during or after the performance of repair or warranty service. Customer agrees that any other claim or cause of action whatsoever against Carbon Computers, including but not limited to those in contract or tort, shall be limited to the amount customer actually paid for a computer system, or mobile device at issue or $400.00, whichever is less. Customer gives Carbon Computers permission to use Customer's name and likeness for any promotional purpose or any type of advertising without obtaining prior consent.
G) Carbon Computers desires to maintain a positive relationship with its customers and without waiving any of the limitations in the preceding paragraphs, Carbon Computers may at its sole and exclusive discretion elect to return actual funds paid by Customer for goods or services provided by Carbon Computers. Any such refund is in no way an admission of any liability, wrong-doing or the basis for any cause of action against Carbon Computers and is a simple expression of good will in the customer is offered a refund of monies actually paid, each and every aspect of this Waiver and Limitation of Liability shall remain in full force and effect. Customer waives all rights, claims, causes of action and other damages in excess of actual funds paid and then returned by Carbon Computers.
I) All sales are final and as is. All deposits to hold merchandise are non-refundable. All returns are at the sole and exclusive discretion of Carbon Computers, must take place within 7 days of purchase and will be charged a rental fee of 20% of the PURCHASE PRICE. Any returns after 7 days will be charged restocking fee of 20% of the PURCHASE PRICE plus $45 per day rental fee.
H) Without reciprocally restricting Carbon Computers, Customer agrees that disputes regarding this Agreement or subject matter of this Agreement brought by Customer will be submitted only to binding arbitration with all proceedings in Carbon County, Utah. Customers specifically waive all rights to pursue any legal or equitable remedy in any court of law. In the event either party initiates an appropriate proceeding to enforce or seek any claims under this agreement or related to the computer purchase or service transaction referenced herein, the prevailing party shall be entitled to an award of reasonable attorney's fees. The laws of the state of Utah shall govern the interpretation, validity, performance, and enforcement of this agreement. If any provision of this warranty shall be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this warranty shall not be affected thereby.
All our contractual relations will be governed exclusively by United States law.