AM CELLPHONE REPAIRS & ACCESSORIES (“AM”)
TERMS AND CONDITIONS
- Services and Products.
1.1 Services. For service orders, AM will service your product as described to you for the estimated charges stated, unless such charges are revised with your prior oral or written consent. Unless otherwise stated, AM will provide repair or replacement services to address a defect in the materials or workmanship of a product. Service is not available for issues caused by failure of or incompatibilities with any software or data residing or recorded on your product.
1.2 Parts and Labor. AM may provide both parts and labor, but may direct that you replace certain readily installable parts yourself, as described below. In servicing your product, AM may use parts or products that are new or refurbished and equivalent to new in performance and reliability. AM will retain the replaced part or product that is exchanged during service as its property, and the replacement part or product will become your property. Replaced parts and products are generally repairable and are exchanged or repaired by AM for value. If applicable law requires AM to return a replaced item to you, you agree to pay AM the retail cost of the replacement item and shipping.
1.3 Service Quantity. AM will service your product as described and for the charges shown on the Work Authorization plus any applicable tax. AM may restrict service to one (1) product per customer during your visit to an AM Store.
1.4 Service of Product Due to Failure of Parts not original to the Product. If service is needed due to failure of parts that are not original to the product or due to damage caused by abuse, misuse or any external cause, AM reserves the right to return the product to you without servicing it, and may hold you responsible for any indicated diagnostic fee.
1.5. Service that Requires Labor and/or Parts not Specified on the Work Authorization. If service requires labor and/or parts not specified on the Work Authorization, AM may seek your approval of a revised estimate. If you do not agree that AM may revise the charges, AM may return your product and hold you responsible for any indicated diagnostic fee.
1.6 Changes to Service Options. AM reserves the right to change at any time the service options available to you.
1.7 No Sale to Minors. Purchase under these terms is available only to those who have reached the age of majority.
1.8 Service Exclusions and Diagnostic Fee. AM may charge you a diagnostic fee if AM inspects your product and determines that (i) your product does not require service, (ii) your product has failed due to or has incompatibilities with software or data residing or recorded on your product (iii) service is required due to the failure of parts that are not supplied by AM, (iii) additional labor or parts are required that were not specified in the original estimated charges and you do not agree to authorize service based on AM’s revised estimated charges, or (iv) service cannot be performed because the serial number has been altered, defaced or removed or the product has failed due to accident, abuse, liquid spill or submersion, neglect, misuse (including faulty installation, repair, or maintenance by anyone other than AM or an AM Authorized Service Provider), unauthorized modification, extreme environment (including extreme temperature or humidity), extreme physical or electrical stress or interference, fluctuation or surges of electrical power, lightning, static electricity, fire, acts of God or other external causes (“Service Exclusions”). AM will return your product to you without servicing it and may charge you the Diagnostic Fee.
1.9 Exceptions to Coverage. Service under this Agreement is offered and valid only to residents located in the United States.
1.10 Customer’s Responsibility.
1.10.1 It is your responsibility to backup all existing data, software, and programs, and to erase all existing data before receiving services. AM is not responsible for loss, recovery, or compromise of data, programs or loss of use of equipment arising out of the services provided by AM. You represent that your product does not contain illegal files or data.
1.10.2 Abandoned Property. If you have not claimed your product and paid all charges due within ninety (90) days after being notified by AM that your product has been serviced, AM will consider your product abandoned and may dispose of your product in accordance with applicable law.
1.10.3 Information on Service. During the service ordering process you must provide a description of the issue that is affecting your product, so that AM understands and may replicate the issue. If service involves transferring information or installing software, you represent that you have the legal right to copy the information and agree to the terms of the software license, and you authorize AM to transfer the information and accept such terms on your behalf in performing the service.
1.10.4 Disclosure of Unauthorized Modifications. During the service ordering process, you must notify AM of any unauthorized modifications, or any repairs or replacements not performed by AM that have been made to your product. AM will not be responsible for any damage to the product that occurs during the repair process that is a result of any unauthorized modifications or repairs or replacements not performed by AM. If damage results, AM will seek your authorization for any additional costs for completing service. If you decline authorization, AM may return your product unrepaired in the damaged condition without any responsibility.
- Orders and Payment
2.1 Payment. Terms of payment are within AM’s sole discretion, and unless otherwise agreed to by AM, payment details must be received prior to AM’s acceptance of an order. All fees must be paid in full within ninety (90) days from the date the product is brought in for service to the location where service was performed. All products not paid for within ninety (90) days will be recycled to recoup the costs of parts and labor.
2.2 Payment Methods. AM allows you to make purchases or place orders (that require security for the return of the replaced part or product) using credit card, debit card or check card, or some other prearranged payment method unless AM has agreed to some other credit terms. When you provide AM with your card information, AM will obtain a pre-approval from the card company for the amount of the order, which may result in a corresponding block on your available credit while the pre-approval remains in place. AM will not bill your credit card or process a transaction under your debit or check card until your order is processed. AM may not be able to accept credit, debit, or check cards associated with a billing address outside of the country site. Debit cards and check cards may have daily spending limits that could delay the processing of your order substantially. AM requires the credit, debit, or check card security code for your card to protect against the unauthorized use of your credit card by other persons. The security code is an individual three or four digit number specific to your card that may be printed on the face of your card above the embossed account, or on the back of your card, on the signature panel.
2.3 Prices. AM endeavors to offer you competitive prices on current AM products and services. Your total order price will include the price of the product or service on the day of order processing. AM reserves the right to change prices for products or services displayed at any time and particularly to correct pricing errors that appear.
2.4 Refunds. Except as described in the Warranty and Limitation of Liability section below, AM does not provide refunds for service orders.
- Warranty and Limitation of Liability
3.1 Service Warranty. AM warrants for a period of one year or three hundred and sixty-five (365) days from the date of service (1) that service will be performed in a competent and workmanlike manner and (2) that all parts used to service your product will be free from defects in materials and workmanship, unless otherwise specified by AM. However, this warranty will be limited for a period of only ninety (90) days from the date of service if the service requires AM to address the (i) micro-solder, or (ii) the logic board. The foregoing warranty is an express limited warranty and in the event of breach, AM will either (i) re-perform the service, (ii) repair or replace the part, or (iii) refund the cost of the service provided. In order to claim under the warranty you must return your product to the location where service was performed, at your expense. AM warrants for period of (90) days warranty from the date of service services in relation to (i) micro-solder services, or (ii) logic board. However, AM DOES NOT warrant any service on a product that is damaged as the result of a liquid (“liquid damage”).
THIS WARRANTY AND ASSOCIATED REMEDIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. AM SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF AM CANNOT LAWFULLY DISCLAIM IMPLIED WARRANTIES, THEN ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO THE EXPRESS LIMITED WARRANTY. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY (OR CONDITION) MAY LAST, SO THE LIMITATION DESCRIBED ABOVE MAY NOT APPLY TO YOU.
3.2 Disclaimer of Warranty. TO THE EXTENT PERMITTED BY LAW, THE EXPRESS WARRANTIES, CONDITIONS AND REMEDIES SET OUT IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS, OBLIGATIONS AND REPRESENTATIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, AM SPECIFICALLY DISCLAIMS AND EXCLUDES ANY AND ALL STATUTORY AND IMPLIED WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS, OBLIGATIONS AND REPRESENTATIONS RELATED TO OR ARISING IN ANY WAY OUT OF THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTIBILITY, SATISFACTORY QUALITY, CARE, SKILL OR FITNESS FOR A PARTICULAR PURPOSE.
3.3 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AM AND ITS AFFILIATES, WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM SERVICES PROVIDED OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE 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 OR USED WITH YOUR PRODUCT AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON YOUR PRODUCT. THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS. AM SPECIFICALLY DOES NOT WARRANT THAT IT WILL BE ABLE TO (i) REPAIR OR REPLACE YOUR PRODUCT WITHOUT RISK TO OR LOSS OF PROGRAMS OR DATA, AND (ii) MAINTAIN THE CONFIDENTIALITY OF DATA. IF ANY PRODUCT SHOULD BE DAMAGED OR LOST WHILE IN AM’S CUSTODY, AM’S LIABILITY WILL BE LIMITED TO THE COST OF REPAIR OR REPLACEMENT OF THE AFFECTED PRODUCT. OTHERWISE, AM’S LIABILITY FOR ANY AND ALL DAMAGE SHALL IN NO EVENT EXCEED THE PAYMENTS RECEIVED BY AM FOR SERVICES PROVIDED PURSUANT TO THESE TERMS. AM WILL UNDER NO CIRCUMSTANCES BE LIABLE IF THE SERVICES RENDERED BY AM VOID THE PRODUCT’S MANUFACTURER’S WARRANTY. THE REMEDIES SET FORTH HEREIN SHALL BE YOUR SOLE AND EXCLUSIVE REMEDIES FOR ANY BREACH BY AM UNDER THESE TERMS AND CONDITIONS. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
3.4 Some states, provinces and jurisdictions do not allow the exclusion or limitation of incidental or consequential damages or exclusions or limitations on the duration of implied warranties or conditions, so these limitations or exclusions may not apply to you. The express limited warranty gives you specific legal rights, and you may also have other rights that vary by state, province or jurisdiction.
5.1 Typographical Errors. AM is not responsible for typographical errors. AM reserves the right to cancel any order you have placed if there was a typographical error concerning the pricing or availability of any item you ordered when you placed the order.
5.2 Change Terms. AM reserves the right to change this Agreement at any time.
5.3 Cancellation. Upon acceptance of a service order, AM initiates service and consequently a service order may not be cancelled and you cannot withdraw from the contract.
5.4 Product/Service Changes. AM may make changes to any products or services offered online, or to the applicable prices for any such products or services, at any time, without notice. The information provided online with respect to products and services may be out of date, and AM makes no commitment to update the information provided online with respect to such products and services.
5.5 Access online. AM reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to its online pages, or to any portion of its online site, for any reason; (2) to modify or change its online pages, or any portion thereof, and any applicable policies or terms; and (3) to interrupt the operation of its online site, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
5.6 Governing Law. The laws of California will govern this Agreement.
5.7 No Changes to the Agreement. No AM employee or agent has the authority to vary any of the terms and conditions governing any transaction.
5.8 Unenforceable Terms. If any of the aforementioned terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such term shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the term, so that the terms shall remain in full force and effect.
5.9 Waivers. AM’s failure to insist on or enforce strict performance of this Agreement shall not be construed as a waiver by AM of any provision or any right it has to enforce these policies, nor shall any course of conduct between AM and you or any other party be deemed to modify any provision of these terms.
5.10 No Third Party Beneficiaries. These terms shall not be interpreted or construed to confer any rights or remedies on any third parties.
5.11 Data Protection. You agree and understand that it is necessary for AM to collect, process and use your data in order to process sales, perform service and confirm compliance with applicable laws. AM will maintain and use your personal data in order to allow you to exercise your rights arising from the service of your product and for quality and service related purposes. AM will not use your information for direct marketing purposes without obtaining your consent.
5.13 Subcontractors. AM may subcontract with other service providers for the service of your product.
NOTICES TO CALIFORNIA CONSUMERS ONLY
- An estimate for repairs, as required (section 9844 of the California Business and Professions Code), shall be given to the customer by the service dealer in writing. The service dealer may not charge for work done or parts supplied in excess of the estimate without the prior consent of the customer. Where provided in writing the service dealer 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, U.S.
- 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 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.
- Sales Tax. In addition to the price of your purchase, AM will charge you sales tax on applicable transactions based on your shipping address and the sales tax rate in effect at the time your order is billed. If the sales tax rate for the state to which your order is being shipped changes before the product is shipped, the rate in effect at the time your order is invoiced will apply. The proof of purchase that AM sends to you will include any applicable sales tax.