Legal Question in Business Law in Massachusetts

Hello,

I am starting computer repair business from my home and making house calls to customers homes to fix/ upgrade or maintain their computer. Service fee payment would be required before the service can be performed in cash or credit/debit card.

To protect myself from fraud and ay future problems with customers after successful service completion. I am gonna require all customers to sign the agreement and ackowledgement form (Form provided below)before computer service can be performed.

Advice or edits you could make to this agreement and acknowlodgement form?

Does it all make sense? Is it binding?

I already know to seize or confiscate computer if a customer refuses to pay service fee would require me to have a court order. another solution is to take them to small claims court to get the service fee paid.

What is Security interest and how do i clear in this agreement?

I dont want to be holding the computer for more than 90 days after service fee has gone unpaid so i would want to sell the computer discharge and resolve service fee debt it holds. All sensitive, confedential and personal information would be deleted and removed from the computer before selling the computer.

Is their anything that should be added to this agreement or any advice you can give me that would make it clear to customer that the computer will go up for sale after 90 days period to resolve their service fee debt?

Within the 90 day period customers would have the oppitunity to pay the service fee and get their computer back.

I know about the Limited liability company (LLC) and what its benefits are but i still would like to see how business goes and my available time for business before paying to become a Limited liability company.

The **** are added to hide my last name for privacy since this is a public question on lawguru.com for everyone to see.

some of the qurestions are in uppercase/ capital latters. I accidently left CAPS LOCK on while i was typing this. I will fix it so its all proper lettering and not all upper case.

________________________________________________________________________________

This is a agreement between you and the certified computer technician Alexander *********

By signing on the line below. I give Alexander (The certified Computer technician and owner of business) the conscent and permission to repair my computer, opening the computer case, accessing the internal conponets as well as external conponets and making agreed computer repairs/maintenance and upgrades. I understand by opening the computer case and replacing the hardware that originally came with the computer when it was purchased from the retailor or manufactuer /Retailer could possibly void your computer warranty and computer technician is not responsible for void of manufactuers warranty nor the compensating for the loss of the warranty. If the computer technician that is servicing your computer damges your computer as a whole or hardware then the computer technician (Technician name below) will either repair the computer free of charge for the hardware needed to repair the computer and successfully complete service or the computer technician will reemburse you the money to replace computer (MAXIMUM reimbursement amount $1'000.00 ).

Alexander ***** is not responsible for any damages or mishandling of hardware while in delivery transit.

Opening or mishandling of hardware or computer or hardware packaging by a uncertified computer technician or person could void this agreement and release Alexander ***** (certfied computer technician) from all damge liabilitys resulting from the mishandling of the hardwared and entire computer by a uncertified computer technician or a customer.

Customer signature____________________________________________________

Computer repair technician signature______________________________________________________________

TODAYS DATE_____________________________________________________________

PAYMENT AMOUNT________________________________________________________

DESCRIPTION OF SERVICE PERFORMED___________________________________________________________

METHOD OF PAYMENT______________________________________________________________

CUSTOMER CONTACT INFORMATION

PLEASE PROVIDE THE FOLLOWING CONTACT INFORMATION

Customer NAME__________________________________________________________________

STREET ADDRESS________________________________________________________

APARTMENT NUMBER (IF APPLICABLE) _________________________________________

CITY____________________________________________________________

ZIP CODE______________________________________________________

STATE: MASSACHUSETTS

EMAIL ADDRESS_________________________________________________________

HOME PHONE NUMBER___________________________________________________

MOBILE PHONE NUMBER________________________________________________


Asked on 4/16/12, 1:30 pm

1 Answer from Attorneys

I suggest you contact a local attorney to review the agreement in detail and give you advice as to the form of your agreement. Apart from typos there are other problems with this agreement.

Read more
Answered on 4/16/12, 1:33 pm


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