A. Estimate/Invoice Services And Materials Delivered By Customer:
As of the date of this Estimate/Invoice, Customer has delivered to Cometa Enterprises LLC (“Company”) the items set forth above (“Drive Dropped Off”) for the services set forth above, pursuant to all terms and conditions set forth in this Estimate/Invoice.
B. Terms And Conditions Specifically For Data Recovery Services:
Regarding the recovery of data from Customer’s damaged hard drive(s)/device(s):
C. General Terms And Conditions For Data Recovery Services:
“An initial written estimate for the cost of repair shall be given to the customer before performing any repairs. The written estimate shall include all costs for parts and labor, and the service dealer may not charge for work done or parts supplied in excess of the estimate without the previous consent of the customer. The service dealer may charge a reasonable fee for services provided in determining the nature of the malfunction in preparation of a written estimate for repair. The service dealer shall advise the customer in writing of the amount of the fee prior to a repair made in the residence, before removal of the consumer goods from the customer’s residence, or upon acceptance of the goods at the repair facility or registered location.”
By signing below, Customer agrees that (a) Customer has received from Company the required estimate for data recovery and/or the repair of damaged computer equipment as set forth above, and (b) accepts this estimate and authorizes Company to proceed in accordance with this estimate as set forth herein.
D. Policy Of No Returns For Any Reason:
By signing below, Customer agrees that under no circumstances shall Customer be permitted to return to Company (whether for a cash refund, credit, or exchange) any goods or services provided by Company and charged to Customer under this Agreement, including, but not limited to, any transfer hard drive sold by Company to Customer in order to accommodate all recovered data, as set forth in Section D above.
E. General Terms And Conditions Of Agreement:
F. Arbitration Of All Disputes:
By initialing below, Customer agrees that Company and Customer will attempt in good faith to resolve any controversy or claim relating to this agreement promptly by meeting, discussing and negotiation. Any dispute that cannot be resolved by the parties within five (5) business days, shall be submitted to binding arbitration, which arbitration shall be conducted in accordance with the following provisions:
(a) Venue. The arbitration shall be conducted in Los Angeles, California.
(b) Law. The governing law shall be the laws of the State of California.
(c) Selection. The number of arbitrators shall be three (3), unless the parties hereto are able to agree on a single arbitrator. In the absence of such agreement, within ten (10) days after initiating an arbitration proceeding, each party shall select one reputable arbitrator familiar with the computer industry, and those two arbitrators shall then select within ten (10) days a third arbitrator (provided that if such arbitrators are unable to select a third arbitrator in such ten (10) day period, a third arbitrator shall be selected by the Commercial Panel of the American Arbitration Association). The decision in writing of the single arbitrator (or at least two of the three arbitrators, if applicable) shall be final and binding.
(d) Administration. Arbitration shall be administered by the American Arbitration Association. All proceedings will be conducted privately and all documents, testimony, records, and other evidence will be received in confidence.
(e) Rules. The Rules of Arbitration shall be the Commercial Arbitration Rules of the American Arbitration Association, as modified by any other instruments that the parties may agree upon at the time of the arbitration, except that the provisions of the California Code of Civil Procedure § 1283.05 are incorporated into and made applicable to this Agreement to arbitrate, unless the parties agree otherwise at such time. For good cause shown and on order of the arbitrator, depositions may be taken and discovery may be obtained in accordance with § 1283.09 of the California Code of Civil Procedure.
(f) Award. The award rendered by arbitration shall be final and binding upon the parties, and the award may be entered in any court of competent jurisdiction in the United States. The award shall be beyond the power of the arbitrator if the findings of fact are not supported by substantial evidence or the award is based on an error of law. The award shall include written findings of fact, a summary of the evidence and reasons underlying the decision and conclusions of law. As part of the award, the arbitrator may award reasonable and necessary costs actually incurred by the prevailing party, including (1) that party’s share of the arbitrator’s fees, costs and expenses, (2) any administration fees, and (3) reasonable attorneys’ fees. The arbitrator may not award any punitive damages to the prevailing party.
NOTICE: BY INITIALING, SIGNING, AND DATING THE SPACE INDICATED ON THE MAIL IN FORM, THE PARTIES TO THIS AGREEMENT ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THIS AGREEMENT DECIDED BY NEUTRAL ARBITRATION AS PROVIDED UNDER THIS “ARBITRATION” PROVISION AND THE PARTIES ARE GIVING UP ANY RIGHTS THEY MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL, EXCEPT AS OTHERWISE SET FORTH HEREIN. BY INITIALING THE SPACE BELOW THE PARTIES TO THIS AGREEMENT ARE GIVING UP THEIR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THIS “ARBITRATION” PROVISION. IF THE PARTIES TO THIS AGREEMENT REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, THEY MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE.
THE PARTIES HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THIS AGREEMENT TO NEUTRAL ARBITRATION, EXCEPT AS OTHERWISE SET FORTH HEREIN.
G. Acceptance Of Estimate/Invoice:
By initialing, signing, and dating the Mail In Form, Customer agrees to all terms and conditions set forth above.
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