hello there, I had a customer in my business where I restored and upgraded her laptop. I charged $100 for new RAM, I charged $120 for labor and $50 for an initial diagnostic totaling $243.00 I did tell the customer of the possibility that not all programs will work on the upgraded software such as Microsoft Office for MAC The hold harmless clause i have in force is stated thusly: to quote it: Hold Harmless Clause: "Customer" assumes and retains all ownership of the device. "Customer" cannot re-assign ownership or send someone else to pick up their device or devices. If said devices are left at "Our" place of business for any reason then "Customer" retains all responsibility and liability for the device and agrees to hold "Us", "MRFIXIT" and "Our" affiliates, staff, employees, and owner or owners completely harmless regardless of fault. "Customer" and "You" agree to hold "Us", "Our" affiliates, "Our" employees, "Our" management and "Our" Owners 100% harmless for anything. Should any instance arise such as loss, theft, fire, flood, acts of GOD, data corruption, water damage, or any circumstance inside and outside of our control or for any damages or loss resulting from our repair or attempted repair. "Customer" and "You" agree that if for any reason it is deemed that "Your" Device is deemed unrepairable in any way to hold "Us", "Our" employees, staff, and owners harmless in every way. "Customer" and "You" acknowledge that there may be circumstances where the initial diagnosis may be wrong, inaccurate, or made inaccurate due to a physical inspection during the repair that may require additional repairs to the device. should the "Customer" refuse the additional required repairs "Customer" assumes all liability. There are no refunds on repairs or parts. Inconvenience Fee: Should you decide to go to your bank, credit card company or other financial institution and perform a charge back of any kind at any time there will be an inconvenience fee of $150 charged to your card for each occurrance. You also assume all Court, Attorney, Litigation, Expert Testimony, and collection fees. When the customer picked up the completed device, one program she wanted to keep was Microsoft office for mac, her photos and documents. Microsoft Office did not transfer and was incidentally 'deleted' to use her term. beyond that she wanted me to wipe the drive and all other files clean while upgrading the RAM. When she picked up the device and i told her microsoft office did not work on the new operating system. she was irate and we came to a resolution. I would "reimburse" the $220.00 for the program. I explained that I would need a receipt before I could give her a check. She required a check made out to her instead of her business. seconds after i gave her the check she followed the act with a demand with her business logo demanding not only the $220 reimbursement but a total of #389.99 which is more than she even paid me to begin with. signed by been start her CFO
She has also just recently tried getting me kicked out of an networking group that we are both members to. and in my understanding 'boycotting my business' from attending and being apart of that group.
According to my understanding of Oregon State Law the inclusion of multiple entities and the threatening of addressing the letter I had received from her CFO and the business group attempted ousting that this is extortion.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.