Repair Terms and Conditions
IMPORTANT: THESE REPAIR TERMS AND CONDITIONS ("AGREEMENT') CONSTITUTE YOUR AGREEMENT WITH ADMIRESTY AND WILL APPLY TO YOUR ORDER AS IT APPLIES TO YOUR CONSUMER RIGHTS.
CONSUMER LAW: FOR CONSUMERS WHO ARE COVERED BY CONSUMER PROTECTION LAWS OR REGULATIONS IN THEIR COUNTRY OF RESIDENCE, THE BENEFITS CONFERRED BY THIS AGREEMENT ARE IN ADDITION TO ALL RIGHTS AND REMEDIES CONVEYED BY SUCH CONSUMER PROTECTION LAWS AND REGULATIONS AND YOU SHOULD CONSULT THE CITIZENS ADVICE SERVICE IN YOUR COUNTRY OF RESIDENCE FOR FURTHER INFORMATION ON THESE RIGHTS.
We implore you to read the Repair Terms and Conditions carefully and fully. By submitting your device to Admiresty Corporation, you agree that these terms and conditions will govern the repair of your device by the Admiresty ShipnFix site. If you do not agree to these terms and conditions, please do not submit your device to Admiresty Corporation.
1. Repair Service. Admiresty Corporation will repair your device in the order it was booked on our site as described and the customer will be responsible for all charges before item can be returned. Payments can be made via Admiresty's ShipnFix website or by other means agreed upon by both parties. Products that are covered under warranty or by extended warranty, Admiresty will perform repairs under the terms of such warranty or extended warranty, provided that you have presented satisfactory proof of the products eligibity for such repairs. You will be responsible for any additional charges applicable under or beyond your product's warranty or extended warranty contract, including any applicable tax, added services, non-warranty parts or additional items for purchase.
2. Subcontractors. Admiresty Corporation may subcontract with other service providers for the repair of your product.
3. Payment. Unless your product is repaired under warranty or extended warranty without charge, you must promptly pay Admiresty Corporation the charges identified on the invoice including shipping charges and any additional charges subsequently agreed upon. Your payment is due before the time is returned to you by Admiresty Corporation. Unless specified otherwise, the amount includes all parts, labor, transportation required for the repair of the product or its return to you, and any applicable tax. You may, in Admiresty Corporation's sole discretion, be responsible for the diagnostic/troubleshooting fees, plus any applicable taxes and import fees.
3.1. Estimates. Estimates need to be requested at the time of RMA request. If Admiresty inspects your product, provides an estimate for you, and you decline authorization to undertake the repairs you will be responsible to pay for the return shipping. If Admiresty determines while inspecting your product that the repairs needed are due to failures of parts that are no longer supplied by the distributor nor distributor branded or are needed due to damage caused by abuse, misuse, or misapplications, Admiresty reserves the right to return the product to you without repairing it, and may hold you responsible for, but not limited to, the following: diagnostic and/or troubleshooting, shipping charges, added services and tax.
4. Unanticipated Labor and/or Parts. If the requested repirs require labor and/or parts not listed on the initial estimate, Admiresty at their discretion, may revise the estimate. If you do not agree that Admiresty may revise the charges, Admiresty may return your product unrepaired and hold your responsible for the diagnostic fees plus any shipping charges, added services and applicable taxes. The item will only be returned to you when these charges are paid.
5. Parts. While repairing your product under your product's warranty or extended warranty, Admiresty may use new, used or refurbished parts, as permitted by the terms of such warranty or extended warranty. While repairing products outside of the warranty or extended warranty, Admiresty may use new, used or refurbished parts. Admiresty Corporation will retain any replaced part as its property, and the replacement part will become the property of the customer, provided all charges have been paid satisfactorily. Replaced parts may be repairable and are exchanged or repaired by Admiresty Corporation for value. To the extent permitted by applicable law, you hereby and thereto waive any right you may have to receive any replaced parts. If applicable law requires Admiresty Corporation to return the replaced part, you agree to pay Admiresty Corporation the additional cost of the replacement part.
6. Disclaimer of Warranty. If Admiresty Corporation repairs your product under warranty or extended warranty, the repairs will be covered solely by the terms of the warranty or extended warranty and any applicable provisions of law. If your product is repaired outside of warranty, Admiresty Corporation warrants (1) that repairs will be performed in a competent and workmanlike manner and (2) that all parts used to repair your product will be free from defects in materials and workmanship for period of ninety (90) days, unless otherwise specified by Admiresty Corporation. If a defect exists in a replacement part during the part's warranty period as identified in the preceding sentence, in its sole discretion, Admiresty Corporation will (1) repair the part, using new, used or reconditioned parts, (2) replace the part with a new, used or reconditioned equivalent part, or (3) refund the fair market value of the part as determined by Admiresty Corporation. THIS WARRANTY AND REMEDY ARE EXCLUSIVE IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESSED OR IMPLIED, WITH RESPECT TO THE REPAIR PARTS. CREATIVE SOLUTIONS SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE REPAIR PARTS, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. IF ADMIRESTY CORPORATION CANNOT LAWFULLY DISCLAIM IMPLIED WARRANTIES UNDER THIS LIMITED WARRANTY, ALL SUCH WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THE EXPRESS LIMITED WARRANTY.
7. Limitation of Liability. ADMIRESTY CORPORATION IS NOT RESPONSIBLE FOR ANY FAILURES OR DELAYS IN PERFORMING UNDER THIS AGREEMENT THAT ARE DUE TO EVENTS OUTSIDE OF ITS REASONABLE CONTROL. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW, ADMIRESTY CORPORATION AND ITS OFFICERS, AGENTS, AND EMPLOYEES WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE PERFORMANCE OR OMISSION OF ANY REPAIR SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFIT (INCLUDING LOSS OF PROFITS ON CONTRACTS);
LOSS OF REPUTATION; LOSS OF OPPORTUNITY; LOSS OF USE OF MONEY; LOSS OF ANTICIPATED SAVINGS: LOSS OF BUSINESS: LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, OR CORRUPTION OF DATA; OR ANY COSTS OF RECOVERING, PROGRAMMING, OR RESTORING ANY PROGRAM OR DATA STORED ON YOUR PRODUCT OR ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON YOUR PRODUCT. CREATIVE SOLUTIONS SPECIFICALLY DOES NOT WARRANT THAT IT WILL BE ABLE TO (1) REPAIR OR REPLACE YOUR PRODUCT WITHOUT RISK TO OR LOSS OF PROGRAMS OR DATA, OR (2) MAINTAIN THE CONFIDENTIALITY OF DATA. IF ANY PRODUCT SHOULD BE DAMAGED OR LOST WHILE IN ADMIRESTY CORPORATIONS’ CUSTODY, ADMIRESTY CORPORATIONS’ LIABILITY WILL BE LIMITED TO THE COST OF REPAIR OR REPLACEMENT OF THE AFFECTED PRODUCT. OTHERWISE ADMIRESTY CORPORATIONS’ LIABILITY FOR ANY AND ALL DAMAGE SHALL IN NO EVENT EXCEED THE PAYMENTS RECEIVED BY ADMIRESTY CORPORATION FOR SERVICES PROVIDED PURSUANT TO THESE TERMS. THE REMEDIES SET FORTH HEREIN SHALL BE YOUR SOLE AND EXCLUSIVE REMEDIES FOR ANY BREACH BY ADMIRESTY CORPORATION UNDER THESE TERMS AND CONDITIONS.
8. Backup of Data and Information. Creative Solutions is not liable for loss or corruption of data or your confidential, proprietary or personal information or removable data. Before you bring in or ship your product for any repair service, you should make a backup copy of your data and remove any confidential, proprietary or personal information and removable media such as floppy disks, CDs or PC cards.
9. Abandoned Product. In the event that (a) Customer fails to pay for Goods or services, (b) Customer refuses to accept delivery of Goods, or (c) Admiresty for any reason is unable to deliver Goods to Customer and Customer fails to take possession of such Goods within 60 days after written notice from Admiresty Corporation, then (without limiting any of Admiresty Corporations’ other remedies under this Agreement or at law or equity) such Goods shall be deemed abandoned and title to such Goods shall pass to Admiresty Corporation, which may in its sole discretion retain, sell or otherwise dispose of such Goods in any manner. Any customer who doesn't respond to requests or is unreachable by Admiresty Corporation for information or payment will forfeit the claim to their items. Admiresty Corporation may also charge a storage or processing fee for items that are left without claim over a period of 60 days on Admiresty Corporation campus or property. Admiresty Corporation is not responsible for compensation of abandoned property. Customers are required to submit a request in writing if there are issues with payment or expected delays in ability to make a prompt payment to Admiresty Corporation before the payment deadline to delay the abandonment process. If you have not claimed your product and paid all charges due within sixty (60) days after being notified by Admiresty Corporation that your product is available to be returned to you, or if you have not agreed to the estimate for repairs provided to you and paid all charges due within sixty (60) days after receiving such repair estimate from Admiresty Corporation, Admiresty Corporation will consider your product abandoned. Admiresty Corporation will provide such notice to you at the email address you furnished when you authorized the repairs. Admiresty Corporation may dispose of your product in accordance with applicable provisions of law, and specifically may sell your product without liability to you. Admiresty Corporation reserves its statutory and any other lawful liens for unpaid charges.
10. Installation Services. If the repair service involves transferring information or installing software on the product, you represent that you have legal right to copy and agree to the terms of the software license, and you authorize Admiresty Corporation to transfer information and accept such terms on your behalf in performing such service.
11. Complete Agreement. These Terms and Conditions exclusively govern Admiresty Corporation's repair of your product. No other oral or written terms or conditions apply, including any terms or conditions contained in any purchase order that you provide to Admiresty Corporation. No one has authority from Admiresty Corporation to vary any of these Terms and Conditions.
12. Personal Information. You agree and understand that it is necessary for Admiresty Corporation to collect, process and use your personal data in order to perform the service and support obligations under these Terms and Conditions.
13. Governing Law. The laws of the State of North Carolina will govern this Agreement. You consent to the exclusive jurisdiction and venue of state and federal courts in Halifax, North Carolina, USA for all disputes relating to this contract.
14. Notices For California Consumers. An estimate for repairs as required (Section 9844 of the California Business and Professions Code) will be given to the customer in writing, and we may not charge for work done or parts supplied in excess of the estimate without prior consent of the customer. Where provided in writing, we may charge a reasonable fee for services provided in determining the nature of the malfunction in preparation of a written estimate for repair. For information, contact the Bureau of Electronic and Appliance Repair, Department of Consumer Affairs, Sacramento, CA 95814. A buyer of this product in California has the right to have this product serviced and repaired during the warranty period. The warranty period will be extended for the number of whole days that the product has been out of the buyer's hands for warranty repairs. If a defect exists during the warranty period, the warranty will not expire until the defect has been fixed. The warranty period also will be extended if the warranty repairs have not been performed due to delays caused by circumstances beyond the control of the buyer, or if the warranty repairs did not remedy the defect and the buyer notifies the manufacturer or seller of the failure of the repairs within sixty (60) days after they were completed. If, after a reasonable number of attempts, the defect has not been fixed, the buyer may return this product for a replacement or a refund subject, in either case, to deduction of a reasonable charge for usage. The time extension does not affect the protection or remedies the buyer has under other laws.
End of Terms and Conditions.
