The terms set out in these Conditions of Repair (“Agreement”) shall apply to the service
(“Service”) we provide to repair your smartphone, tablet, computer and/or any
accessories
(“Device”) on the service check-in form.
Reference to “us”, “we” and “our” refer to Phone Garage and references to “you” and
“your” are references to you (“Customer), the person addressed on this form.
All repairs (unless otherwise stated)
This Agreement shall commence from the date you sign the service check-in form and shall
continue until we have repaired or otherwise returned your Device, whichever is sooner,
and received any payment due from you.
We shall make reasonable efforts to repair your Device subject to the availability of
any parts required and/or the terms of any relevant guarantee or warranty. We shall perform
the Service using our utmost care and skill.
We offer both high-quality after-market and OEM (genuine) parts (where possible) for the
repairs of your device.
We perform a series of tests when booking a device in for repair. If the device is not
testable during this stage, Phone Garage is not liable for any faults found therefore
we
shall
require the passcode of your Device to test the Device before and after the Service.
Should
you prefer
to keep this information private, we can still proceed with an appointment, but will not
be
able to perform a full functional check on the Device until you return to the store,
which
can delay
the provision of the Service, if any adjustments need to be made.
Any time estimate for completion of the service, which may be given to you, is an
estimate
only and does not form any obligation under the terms of this Agreement. We will aim to
return your Device as soon as reasonably possible, however, any Board Level (Level 3)
repairs (i.e.
repairs to the logic board of the Device) may take at least 5 working days to be
completed.)
If we are unable to complete the Service for any reason, or the Service will incur
further
costs payable by you beyond that initially estimated by us, we will notify you
immediately
via telephone and/or email. If no fault is found on your Device or you do not accept our
revised
estimate, we will return your Device to you unrepaired and we reserve the right to
charge
you a
diagnostic fee in accordance with our standard charges.
In order to complete a diagnostic or repairs it may be necessary to disassemble the
device,
which may result in further damage to the device. Phone Garage take no liability for
any
further damage to the device, because of any existing damage. Phone Garage will not
cover
the cost of replacement parts in any circumstances including if the device is not
repairable.
The cost of repair will be calculated where possible in accordance with our standard
charges
as published from time to time.
Diagnostics are a free on Cell Phone and Tablets but are Chargeable on Computers,
Desktops
and Laptops.
We shall notify you when the Device has been repaired and is available for collection
from
the service centre. If the device has not been collected it will be transferred to our
central warehouse for storage. Any delivery from our central warehouse will be
chargeable.
If device is not picked up after repair notice, the device will be recycled or being property of phone garage after 40 days.
We shall be entitled to keep your Device until all charges payable have been paid. We
may
also charge an additional fee for storage of your Device.
Use of our service may void your manufacturer’s warranty. If you would like to avoid
this,
then please take your Device directly to the manufacturer. Please note, your
manufacturer’s
warranty will not cover any accidental damage.
Phone Garage will install Company’s warranty seals following the repair. Any tampering
of
the seals will void the Phone Garage warranty.
The Warranty is linked to a specific device as identified by its unique IMEI or serial
number and to a specific Customer as identified by the records on our system. It will
cover
the
Customer for any reoccurrence of the original fault and for the part replaced / repaired
only,
however if additional faults arise, they will not be covered under the terms of this
Warranty.
Furthermore, the Warranty will not cover accidental damage, nor will the cover extend
should
the
device change ownership.
All repairs carried out by Phone Garage will have warranty seals applied, whenever a
device is returned for a warranty repair the integrity of these sealed are confirmed, if
these
sealed are found to be missing or tampered with Phone Garage reserves the right to void
any
warranty attached to the device.
Warranty repairs do not cover any additional travel, postage or courier costs
incurred.
We do not accept responsibility for any progression in damage where your Device has been
repaired elsewhere prior to your repair at Phone Garage or any issues found in your
Device
(ie.
‘Touch Disease’, ripped flex) which were not evident upon initial inspection. Should any
issues
become evident, once the Device is opened, we will contact you via telephone/email.
We do not accept responsibility for any progression in damage for Devices that have been
damaged by liquid. Opening the Device could set off further damage which in some cases
may
be
very serious and irreparable.
We ask our customers to monitor their Device post liquid damage repair, as unknown
issues
can arise soon after treatment for liquid damage, which are beyond our control.
Should your Device display any further issues relating to the liquid damage during the
Warranty period, we will re-assess and re-quote for the work needed.
Following repair, any water proofing or resistance cannot be guaranteed
Upon collection of the device, we ask our Customers to inspect the device before
accepting
it as repaired. Should any questions arise regarding the condition of your Device upon
collection, please raise this with a member of the store team.
Where parts are required to be ordered for your repair, we require the repair to be
fully
paid before the parts are ordered and is a non-refundable service.
Only one promotional discount may be applied at any one time and subject to the
discretion
of the management. All valid discounts and promotions must be applied at point of sale.
Packaging for courier repairs will be provided on the return journey to customers but it
is
the customers responsibility to pack all devices securely before collection by the
courier
service provider.
Liability
Our entire liability in respect of any single cause of action arising out of or in
connection
with this Agreement (whether for breach of contract, tort, including negligence, statute
or
otherwise at all) shall be limited, to the extent that the cause of action related to
our
supply of
the Services, at our exclusive option to:
supplying the Services again
payment of the cost of having the Services supplied again; or
repaying you any amount that you have paid in respect of the services in
exchange
for returning
your device to the to a similar condition as it was received
If your Device is damaged beyond economical repair as a direct result of a service or
repair
undertaken by Phone Garage, you are entitled to a fully functional refurbished device
of
equal
value to your Device, based on its model and condition as received and with the original
repair
issue resolved. To receive a replacement device, full payment must have been received
for
the
repair service and the relevant damaged device must be surrendered to Phone Garage.
Your
original device will be kept by Phone Garage and any replacement device may take up to
10
working days to be provided however all efforts will be made to provide a replacement
sooner.
Any data , app or information that you may have stored on the Device shall remain your
sole
responsibility and we accept no liability for loss or corruption of such data however
caused
and
we therefore highly recommend that you back up your Device onto an external drive prior
to
commissioning our Service. It is soley Customers responsibility to keep a record of any
such
data.
In the unlikely event that you Device is lost or stolen whilst in the possession of Phone Garage, we will notify you at the earliest opportunity and make arrangements to
replace
the
device on a like-for-like basis within a reasonable period of time. Where, for reasons
beyond
our control, it is not possible to replace the Device with the same model or variant, we
will
offer an alternative or similar specification and condition.
Nothing in this clause 3 shall apply to limit or exclude our liability for:
death or personal injury resulting from our negligence;
breach of any terms implied by statute;
any claim arising under the Consumer Protection Act; or
fraudulent misrepresentation.
In no circumstance shall we be liable to you for any indirect, special or consequential
loss
arising out of or in connection with this Agreement, including any loss of business,
revenue,
profits, anticipated saving, goodwill or any other indirect or consequential loss or
damage
of
whatsoever nature howsoever arising. This includes but is not limited to any travel or
transportation costs or loss or damage to accessories.
We shall not be liable for any claim arising under this Agreement unless you give us
written
notice of the claim within three months of becoming aware of the circumstances giving
rise
to
the claim or, if earlier, three months from the time you ought reasonably to have become
aware
of such circumstances.
If you use our “Level 3 repair service”, be aware we will be working on the component
level
of your logic board therefore, we cannot guarantee a fix on the device. Due to the
nature of
the
repair, there is always a possibility that the damage may worsen to the stage where the
device
is BER (beyond economical repair). In these circumstances, we will refund all payments
for
this
repair. We offer a 1-month warranty on Level 3 repairs on work carried out.
Data Protection
We ask for your name and address and any other relevant details so that we can notify
you
when your Device has been repaired and provide you with an efficient after-sales
service. We
may also send you text messages and/or emails from time to time to alert you to new
services
and promotions if you have opted in to receive marketing communications You can find
more
information on how we process your personal data in our privacy notice.
General
We shall not be liable to you for any delay in our failure of performance of our
obligations
under this Agreement arising from any reason beyond our reasonable control.
Our failure to exercise or enforce our rights or the giving of any forbearance, delay or
indulgence, will not be construed as a waiver of such rights under this Agreement or
otherwise.
This Agreement sets out the entire agreement and understanding between you and us in
connection with its subject matter.
This Agreement may not be amended, modified, varied or supplemented except in writing
signed
by or on behalf of you and us.
If any part of this Agreement is found to be void or unenforceable it will be severed
from
the rest of the Agreement so that it is effective to the extent that it shall not affect
the
validity of the balance of the Agreement, which shall remain valid and enforceable
according
to
its terms.
This Agreement shall be governed by the laws of Newzealand.
Indemnification
You agree to indemnify, defend, and hold Phone Garage harmless from any claim, proceeding,
loss,
damage, liability or expense of any kind arising out of or in connection with the following: (a)
Your use or misuse of the Services; (b) Your alleged or actual breach of this Agreement; (c)
Your
alleged or actual violation of any applicable rule, law or regulation; (d) Your negligence or
willful misconduct; or (e) Your alleged or actual violation of the intellectual property or
other
rights of third parties. We reserve the right, at Your expense, to assume the exclusive defense
and
control of any matter which You are required to indemnify, and You agree to cooperate in that
defense.
Declaration:
By signing our Service Consent, you certify that you have read this agreement, that you know and
understand the meaning and intent of this agreement and that you are entering this agreement
knowingly and voluntarily. You also acknowledge the condition of your device upon check in as
communicated to you and detailed on our database. You also acknowledge that upon collection you
will
check that the device has been repaired to your expectation. If the repair has not been carried
out
to your satisfaction, please raise this with a member of our team and we will be happy to assist
you.