You authorize Tecnophone to perform the work described in the Service Estimate (“Service”) on the device identified on the front of this form (“Your Device”), subject to these Terms and Conditions. If Your Device is under any applicable manufacturer’s warranty, then the terms of Tecnophone Standard Limited Warranty also apply and will control if there is any conflict with these terms. In particular, if the Warranty Status of Your device shown on the front of this Service Authorization is “In Warranty” and Tecnophone determines upon further inspection that the issue with Your Device is not covered by the Standard Limited Warranty (for example, there is damage due to exposure to liquid), then additional charges not shown in the Service Estimate may apply. In that case, Tecnophone will notify you of the additional charges prior to starting work on your device. Service on Your Device will not begin unless and until you authorize the additional charges.
Data on Device:
You are solely responsible for backing up any data on Your Device and deleting, encrypting or otherwise protecting your data from unauthorized use. Tecnophone will not back up or restore your data, and is not responsible for any data that is lost or corrupted. Tecnophone will not treat data on Your Device as confidential and disclaims any agreement with you or other obligation to do so.
Tecnophone Responsibilities & Limited Warranty:
Tecnophone may, at Tecnophone’s sole option, use rebuilt, reconditioned, or new parts or components when repairing Your Device. Repaired/replaced any part on the device will be warranted for a period of a hundred and eighty (180) days. All other repaired/replaced devices will be warranted for a period equal to the remainder of the applicable manufacturer’s original Limited Warranty on the original device, if any, or for a hundred and eighty (180) days, whichever is longer. If Your Device should malfunction, it must be returned to the Tecnophone store or service center for evaluation, and all costs of shipping shall be borne solely by the purchaser. Tecnophone’s customer service department will diagnose the repair upon receipt. Upon examination by Tecnophone, if Your Device is found to be defective it will be repaired or replaced at no charge. This warranty does not apply to defects resulting from any action by you, including but not limited to mishandling, physical damage, water damage, improper interfacing, operation outside of design limits, improper repair by someone other thanTecnophone, use of any other product other than Tecnophone products, or unauthorized modification. This warranty is VOID if Your Device shows evidence of having been tampered with (broken seal) or shows evidence of being damaged as a result of excessive corrosion; or current, heat, moisture or vibration; improper specification; misapplication; misuse; abuse or other operating conditions outside of Tecnophone’s control. Software warranty applies to cellular phones, Tablets etc. The warranty is VOID if customer performs any software modifications not limited to restore, updating software on the device, downloading unauthorized or unapproved software, viruses, malware, spyware, or attempts to modify any software that has been installed by Tecnophone. Tecnophone employees reserve the right to VOID its warranty if any improper software installations or modifications have been made after customer has left the store location. This warranty is non-transferable and does not apply to any purchaser who bought the product from a reseller or distributor not authorized by Tecnophone, including but not limited to purchases from internet auction sites. Unless otherwise required by law, all replaced devices, parts, components, boards and equipment shall become the property of Tecnophone, and you waive all rights you may have under state or other laws to the replaced device or repaired or replaced parts. Subject to paragraph 2 above regarding data, Tecnophone will be responsible to the extent provided under applicable law for the physical safekeeping of Your Device while inTecnophone’s possession for service. If Your Device is lost or damaged while it is in Tecnophone’s possession for service, Tecnophone will repair Your Device or replace it with an equivalent device, which at Tecnophone’s option may be new or refurbished. If you fail to pick up your device or otherwise arrange for its return after repeated efforts to contact you, after thirty (30) days following the completion of repairs Tecnophone shall treat the device as abandoned, and may dispose of the property in its sole discretion in accordance with applicable provisions of law, including sale to recoup administrative and repair costs.
LIMITATION OF LIABILITY:
THE LIMITED WARRANTY STATED IN PARAGRAPH 3 ABOVE SETS OUT THE FULL EXTENT OF TECNOPHONE’S RESPONSIBILITIES, AND THE EXCLUSIVE REMEDY REGARDING WORK PERFORMED OR PARTS SUPPLIED BY TECNOPHONE IN CONNECTION WITH THE SERVICE ON YOUR DEVICE. ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THE LIMITED WARRANTY. IN NO EVENT SHALL TECNOPHONE BE LIABLE FOR DAMAGES IN EXCESS OF THE TOTAL AMOUNT DUE FOR THE SERVICE, WITHOUT LIMITATION, COMMERCIAL LOSS OF ANY SORT; LOSS OF USE, TIME, DATA, REPUTATION, OPPORTUNITY, GOODWILL, PROFITS OR SAVINGS; INCONVENIENCE; INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES; OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE PRODUCT. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE DISCLAIMER OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU.
No agent, employee, dealer, representative or reseller is authorized to modify these Terms and Conditions, to extend the Limited Warranty above or to make binding representations or claims, whether in advertising, presentations or otherwise, on behalf of Tecnophone regarding the Service.