As of the date of this Estimate/Invoice, Customer has delivered to Techchef Consulting India Pvt. Ltd. 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.
Regarding the recovery of data from Customer’s damaged storage media:
1. Payment And Delivery: (a) Customer agrees to pay all outstanding as per the agreed terms with the corporate and individuals. (b) Customer agrees that if Customer does not take delivery of all storage media and/or computer equipment within 60 days after delivery to Company, they will become the property of Company. (c) Customer agrees that Customer must pay all dues by way of cash, cheque & NEFT/ RTGS.
2. Return Of Hard Drives And Computer Equipment: By signing below, Customer agrees that Company has delivered (a) all transfer storage media and recovered data to Customer, and/or (b) computer equipment to Customer, and that all such equipment has been serviced and otherwise repaired to Customer’s full and complete satisfaction:
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 storage media sold by Company to Customer in order to accommodate all recovered data, as set forth in Section D above.
1 Severability: Customer agrees that this agreement shall not terminate solely by reason of any of its terms being declared invalid or unenforceable. If any term is or becomes invalid or unenforceable, the remaining terms shall be unimpaired and the invalid or unenforceable term shall be replaced by a term that is valid and enforceable and that comes closest to the intention of the invalid or unenforceable term.
2. Amendments: Customer agrees that no waiver or modification of any of the terms of this agreement shall be valid unless contained in a single writing and signed by Company and Customer. No course of conduct or manner of dealing between the parties shall constitute a waiver of any term of this agreement.
3. Applicable Law: Customer agrees that this Agreement shall be governed by the laws of the State of Delhi.
4. Entire Agreement: Customer agrees that this agreement contains the entire understanding between Company and Customer with respect to the subject matter herein, and there are no representations, warranties, promises or undertakings other than those contained herein.
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 10 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 Delhi, India.
(b) Law: The governing law shall be the laws of the State of Delhi.
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.
By initialing, signing, and Client Information sheet, Customer agrees to all terms and conditions set forth above.