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II. TERMS AND CONDITIONS UNDER WHICH SERVICES WILL BE PERFORMED
A. The equipment identified in paragraph VI. shall be subject to inspection by Performing Party to determine that it is in good operating condition. Repair deemed necessary by Performing Party shall be made prior to commencement of service. Charges for bringing equipment up to good operating condition will be billed to the Receiving Party according to the labor rate specified in Attachment 1 of this agreement, along with any necessary parts and/or components.
B. Any repair due to damage of equipment caused by improper operations, as determined by the Performing Party, will be billed as non-contract repair service.
C. It will be the responsibility of the user to transport failed equipment to the Repair Center when service is required. Should that not be possible, the Syn Network Repair Center will transport the equipment to and from the service center at the current pick-up and delivery fee.
D. For computers and printers, Performing Party will provide all necessary parts and labor.
III. PERIOD OF COVERAGE:
All Syn Repair Services contracts are effective for a fiscal year. Parts will be covered under manufacture warranty.
IV. PAYMENT OF SERVICES:
Current charges are indicated in Attachment 1 of this agreement. Basic repair service contract charges for the fiscal year will be processed by LV Blaze (Merchant Services) initiated by Syn Networks.
The Consultant shall not be liable to the Company, or to anyone who may claim any right due to any relationship with the Corporation, for any acts or omissions in the performance of services on the part of the Consultant or on the part of the agents or employees of the Consultant, except when said acts or omissions of the Consultant are due to willful misconduct or gross negligence. The Company shall hold the Consultant free and harmless from any obligations, costs, claims, judgments, attorneys' fees, and attachments arising from or growing out of the services rendered to the Company pursuant to the terms of this agreement or in any way connected with the rendering of services, except when the same shall arise due to the willful misconduct or gross negligence of the Consultant and the Consultant is adjudged to be guilty of willful misconduct or gross negligence by a court of competent jurisdiction.