Terms and Conditions of Maintenance and Repair Services

1. Parties to this Agreement; Definitions. As used in this Agreement, the terms: (a) “Turntable Medic” shall mean the Turntable Medic, LLC; (b) “Customer” shall mean the Customer identified in the Service Authorization, estimate, work order, online request or other ordering document; (c) “Manufacturer(s)” shall mean the entity or entities that manufactured the Parts used in the Services; (d) “Part(s)” shall mean the new and/or used parts, components, accessories or materials used in the Services; and (e) “Services” means the repair and/or maintenance services performed by Turntable Medic for Customer, together with the Parts.

2. WARRANTY DISCLAIMERS AND LIMITATIONS LIMITED WARRANTY ON SERVICES: Turntable Medic warrants that the Services will be performed in a good and workmanlike manner (“Services Warranty”). The Services Warranty is valid for a period of 90 days from the date the Services are performed. Customer’s sole and exclusive remedy, and Turntable Medic’s entire liability under the Services Warranty, is the repair of any nonconforming portion of the Services. The Services Warranty is valid only if the equipment is returned, at Customer’s expense, to the Turntable Medic repair facility or an authorized retail partners. Any claim for repairs to be performed by other than a Turntable Medic facility must be approved in writing by Turntable Medic prior to commencement of any work. The Services Warranty extends only to the Customer for whom the Services were provided and not any subsequent purchaser. TURNTABLE MEDIC PROVIDES NO OTHER WARRANTIES CONCERNING ITS SERVICES AND DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. PARTS – MANUFACTURER WARRANTIES ONLY: Any warranties on any Parts are limited only to those written warranties provided by the applicable Part’s manufacturer. EXCEPT FOR ANY SUCH WARRANTIES MADE BY MANUFACTURERS, THE PARTS ARE SOLD WITHOUT ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EACH OF WHICH IS EXPRESSLY DISCLAIMED. NO OTHER WARRANTIES: EXCEPT AS SET FORTH ABOVE, TURNTABLE MEDIC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. Turntable Medic neither assumes nor authorizes any other person to assume for it any liability in connection with the services or any parts provided to customer in conjunction with the services.

3. Rates; Authorization; Additional Repairs. Turntable Medic’s charges for labor may not be based on actual technician’s time, but are established by multiplying Turntable Medic’s labor rate by Turntable Medic’s own judgment of the time to be charged. If an estimate is provided, Customer may be charged more than the estimated price approved by Customer by up to 20%. However, if Turntable Medic discovers that different or additional repairs are indicated over 20%, Customer will be contacted for authorization to make such additional repairs. Authorization may be given by Customer orally or in written form, including email. In the event that Customer authorizes commencement but does not authorize completion of a repair or service, a charge will be imposed for disassembly, reassembly, or partially completed work. Such charge will be directly related to the actual amount of technician’s time and/or parts involved in the inspection, repair, or service performed. Turntable Medic is not responsible for any loss, damage, or other liability caused by, arising from, or related to repair or maintenance work recommended by Turntable Medic that is declined by Customer. Customer agrees that Turntable Medic employees may operate Customer’s equipment for purposes of facilitating the repairs.

4. OEM Parts. Customer acknowledges that estimates for non-warranty repairs may include parts not made by the original manufacturer. Parts used in the non-warranty repair of customer’s equipment by other than the original manufacturer are required to be at least equal in like kind and quality in terms of quality and performance to the original manufacturer parts they are replacing.

5. Sublet Repairs. Customer acknowledges that portions of the repairs may be provided by a subcontractor hired by Turntable Medic and Customer hereby authorizes all sublet repairs that Turntable Medic, in its sole discretion, may deem necessary.

6. Damage; Theft. Turntable Medic is not responsible for loss of or damage to the equipment due to or arising from fire, weather, theft or any other cause except the sole negligence of Turntable Medic. Turntable Medic is not responsible for any loss or damage to articles of personal property or accessories that have been left with the equipment, whatever the cause.

7. Payment. All charges for repairs including labor and materials furnished are due and payable simultaneously with the invoicing of the repairs. If the equipment is not picked up within thirty (30) days after such notice is given, Turntable Medic may charge daily storage fees at rates that are ordinary and customary for the area, but not to exceed the maximum rate allowable by applicable law.

8. Mechanic’s Lien; Lien Sale; Collection. In addition to any and all other legal remedies available to Turntable Medic, Customer authorizes and acknowledges an express mechanic’s lien in favor of Turntable Medic on the equipment described herein for all charges for repairs, including labor and parts, and storage. Customer authorizes and acknowledges that if payment in full is not received within thirty (30) days after Turntable Medic has notified the Customer that the repairs are completed: (i) Turntable Medic may, in accordance with applicable state law, begin lien sale proceedings and sell the equipment at public auction; and/or (ii) Turntable Medic may refer such account to its attorneys or a collection agency for collection.

9. Governing Law; Venue; Time to Commence Action. Except to the extent that the laws of the United States may apply or otherwise control this Agreement, the rights and obligations of the parties hereunder shall be governed by, and construed and interpreted in accordance with the laws of the state of Tennessee, without regard to conflict of law principles. The mandatory venue for any claim, litigation, civil action, or any other legal or administrative proceeding (“Action”) involving any controversy or claim between or among the parties to this Agreement, is Rutherford County Tennessee. Customer has one (1) year from the accrual of any cause of action arising from the purchase of the Services to commence an Action against Turntable Medic.

10. LIMITATION OF DAMAGES. CUSTOMER AGREES THAT IN THE EVENT OF ANY ACTION BROUGHT BY CUSTOMER AGAINST TURNTABLE MEDIC, CUSTOMER SHALL NOT BE ENTITLED TO RECOVER ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES AS DEFINED IN THE UNIFORM COMMERCIAL CODE, INCLUDING, BUT NOT LIMITED TO INDIRECT OR SPECIAL DAMAGES, LOSS OF INCOME OR ANTICIPATED PROFITS, OR DOWN-TIME, OR ANY PUNITIVE DAMAGES.

11. Fees and Expenses of Actions. In any Action, whether initiated by Turntable Medic or Customer, where the Customer has a right, pursuant to statute, common law or otherwise, to recover reasonable attorneys’ fees and costs in the event it prevails, Customer agrees that Turntable Medic shall have the same right to recover reasonable attorneys’ fees and costs incurred in connection with the Action in the event that Turntable Medic prevails.

12. Waiver; Severability; Entire Agreement. No waiver of any term of this Agreement shall be valid unless it is in writing and signed by Turntable Medic’s authorized representative. If any provision or part of any provision of this Agreement shall be deemed to violate any applicable law or regulation, such invalid provision or part of a provision shall be inapplicable, BUT the remaining part of that provision and the remainder of the Agreement shall continue to be binding and enforceable. This Agreement constitutes the entire agreement and understanding between the parties hereto and supersedes any and all prior agreements and understandings, oral or written, relating to the subject matter hereof.

13. Communication Consent; Use of Customer Data. Turntable Medic may use information Customer provides Turntable Medic, including but not limited to email addresses, cell phone numbers, and landline numbers (“Customer Data”) to contact Customer for purposes related to this account, including debt collection, and for marketing and sales purposes. You also authorize Turntable Medic and its affiliates to use and disclose Customer Data to third parties for any purpose in an anonymous or aggregated form that does not identify Customer.

Rev. 03112022