- Terms
Sales Agreements are comprised of (a) the terms and conditions set forth below, (b) LOMIT Quotes (the “Quote”) and the Custom Implementation Statement of (the SOW) (collectively the “Agreement”) and is entered into by and between Lean On Me I.T., LLC (“LOMIT”) and the customer (“Customer”) to be effective as of date of signed contract or DocuSign. These terms set forth in the Agreement constitute the entire agreement between LOMIT and Customer with respect to the subject matter hereof.
- Description of Service
LOMIT shall provide the products or services outlined in the Scope of Work (the “SOW”) including the sale and delivery of the specific products described in the Quote (the “Products”) (collectively the “Work”). The Work described herein sets forth the all of the products and services to be provided by LOMIT in connection with this transaction. The total price set forth in the Quote is the total fixed price for LOMIT’s provision of the Work, unless additional work or product falls outside the agreed upon SOW as addressed in the Scope of Work – General Assumptions. Title and risk of loss to the Products will pass to Customer upon delivery.
- Warranties
LOMIT WARRANTS ITS LABOR, PARTS, AND MATERIALS. LABOR SHALL BE WARRANTED FOR A PERIOD OF NINETY DAYS AND ONLY TO THE EXTENT THAT LABOR WAS PERFORMED WITHOUT MATERIAL DEFECTS. THE PARTS AND MATERIALS SHALL BE WARRANTED THAT THE PARTS AND MATERIALS ARE WITHOUT MATERIAL DEFECTS FOR A PERIOD OF ONE YEAR FROM DATE OF COMPLETION OF WORK. IN THE EVENT THAT THERE IS A DEFECT IN LABOR WITHIN THE NINETY DAY WARRANTY PERIOD, LOMIT SHALL REPAIR OR CORRECT THE MATERIAL DEFECT AT NO CHARGE TO THE CUSTOMER. IN THE EVENT THAT THERE IS A DEFECT IN THE PARTS AND/OR MATERIALS WITHIN THE ONE YEAR WARRANTY PERIOD, LOMIT SHALL REPAIR OR CORRECT THE DEFECT IN THE PARTS AND/OR MATERIALS AT NO CHARGE TO THE CUSTOMER.
- Limitation of Liability
LOMIT SHALL USE REASONABLE CARE IN PERFORMING ALL WORK. CUSTOMER AGREES THAT LEAN ON ME IT SHALL NOT BE LIABLE TO CUSTOMER FOR ANY LOST DATA, LOSS OF REVENUE, LOST PROFITS, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES ARISING OUT OF THE DELIVERY OF PRODUCTS AND/OR SERVICES UNDER THIS AGREEMENT. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE TOTAL PRICE IS BASED IN PART UPON THESE LIMITATIONS. LOMIT assumes no liability or responsibility for damages to property used by the Customer, including property owned, leased or borrowed, whether real, personal, or intangible.
- Indemnity
Customer hereby assumes and shall bear the entire risk of direct and consequential loss and damage to any equipment supplied pursuant to this Agreement or any part thereof from the date of delivery to Customer’s location. Customer shall pay any municipal, county, state, or federal sales, use, excise, or other tax which may be levied upon the sale, transfer, ownership, or installation of any equipment purchased from or installed by LOMIT. Customer shall indemnify, defend, and hold LOMIT harmless against any and all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities including attorney’s fees, claimed by any person, organization, association or otherwise arising out of, or relating to the equipment or services supplied by LOMIT.
- Rate
LOMIT charges $125.00 per hour for on-site work performed during business hours. Time will be charged per hour, per man. If work is performed in excess of 8 hours per day, after normal business hours, or on a Saturday, then an overtime rate of 1.5 times the hourly rate will be charged. All work performed on Sundays will be billed at double the hourly rate. Billable time will include driving to and from the job, delivery, performance, and supervision of the work. Materials, equipment, special tools, applicable taxes, and other expenses necessary for the completion of the job will be charged separately.
Customer may request a quote in writing prior to the start of the work. All quotes for service will be ESTIMATES only. Should there be additional work or conditions hindering the service requested by the Customer, the quoted price shall change and an updated quote will be provided in writing to the customer upon request.
- Payment
Payment is due upon receipt of invoice. All payments are payable electronically as outlined in the SOW. LOMIT shall charge up to 18% per annum on all invoices unpaid after the expiration of 30 days from the date of invoice. Customer agrees to pay reasonable collection fees, attorney’s fees, and any and all other costs and expenses incurred by LOMIT in pursuit of collection of any unpaid portion of the invoice.
**Terms are subject to change without notice.
