Smart Phone Technologies Ltd. Trading as Fix My iPhone
1. Agreement for repair
1.1 The terms set out in these Conditions of Repair ("Agreement") shall apply to the service we provide to repair your mobile telephone and/or any accessories listed overleaf ("Equipment") on the service questionnaire form.
1.2 Reference to "us", "we" and "our" refer to Smart Phone Technologies Limited and references to "you" and "your" are references to you, the person addressed on this form.
2. All repairs (unless otherwise stated)
2.1 This Agreement shall commence from the date you pass the device to a Fix My iPhone representative and shall continue until we have repaired or otherwise returned your Equipment ("Services"), whichever is sooner, and received any payment due from you.
2.2 We shall make all reasonable efforts to repair your Equipment subject to the availability of any parts required and/or the terms of any relevant guarantee or warranty. We shall perform the Services using our reasonable care and skill.
2.3 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.
2.4 We shall notify you when the Equipment has been repaired and is available for collection. If you do not collect the Equipment within 90 days, we may dispose of the Equipment. Any sum obtained on disposal will be used to meet any unpaid estimate or repair charges you are liable to pay and any remaining balance will be sent to you or will remain payable by you accordingly.
2.5 If we are unable to complete the Service for any reason, or the Service will incur further costs payable by you, we will notify you immediately.
2.6 Our out of warranty/chargeable repairs are guaranteed for 365 days from the date the Equipment is ready for collection. If the Equipment develops an additional fault unrelated to the original repair, the repair warranty contained in this paragraph will not apply. The warranty includes the repaired part(s) only and does not include further damage to the repaired part(s).
2.7 We may in certain circumstances send your Equipment to another repair centre and sub-contract the repair work to a third party.
2.8 All charges will be subject to VAT and any other government taxes or duties as applicable.
3. Additional terms for warranty repairs
3.1 Where repair is to be carried out under a relevant guarantee or warranty, we may ask you to provide sufficient proof of any guarantee or warranty.
3.2 If the nature of the repair falls outside the terms of your warranty or guarantee, then you may incur a charge for the repair under the terms as set in clause 4. We will endeavor to notify you of any such charge prior to undertaking any work.
4. Additional terms for chargeable repairs
4.1 If the repair to your Equipment is not covered by a guarantee or warranty or the nature of the repair is beyond any terms of your guarantee or warranty we will charge you for the repair in accordance with the terms of this Agreement.
4.2 The cost of repair will be calculated where possible in accordance with our standard charges as published from time to time.
4.3 The cost of repair may not fall within our standard charges where the Equipment is not generally supported by us, Equipment repairs are sub-contracted or the nature of repair is not within our standard rates of repair. In this event, we will provide you with an estimate of the cost of repair and we will not repair the Equipment until we have received your acceptance of that estimate.
4.4 If we are unable to repair your Equipment, no fault is found on your Equipment or you do not accept our estimate, we will return your Equipment to you unrepaired and we reserve the right to charge you an inspection fee in accordance with our standard charges.
4.5 We may keep your Equipment until all charges payable have been paid. [We may also charge an additional fee for storage of your Equipment.]
5.1 Our entire liability in respect of any single cause of action arising out of or in connection with this Agreement or its subject matter (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 option to: (a) supplying the Services again; (b) payment of the cost of having the Services supplied again; or (c) repaying to you any amount that you have paid in respect of the Services.
5.2 If, through our negligence or willful misconduct, we damage the Equipment beyond economical repair, our liability will be limited to the cost of providing a replacement with a product that is the same as or similar to the Equipment.
5.3 Any data or information that you may have stored on the Equipment shall remain your sole responsibility and we accept no liability for loss or corruption of such data howsoever caused. It is your responsibility to keep a record of any such data.
5.4 Nothing in this clause 5 shall apply so as to limit or exclude our liability for: (a) death or personal injury resulting from our negligence; (b) breach of any terms implied by statute; (c) any claim arising under the Consumer Protection Act 1987; or (d) fraudulent misrepresentation.
5.5 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 savings, goodwill or any other indirect or consequential loss or damage howsoever arising.
5.6 Except as expressly provided in this Agreement, all representations, conditions and warranties, whether express or implied (by statute or otherwise) are excluded to the fullest extent permitted by law.
5.7 We shall not be liable for any claim arising under this Agreement unless you give us written notice of the claim within three (3) months of becoming aware of the circumstances giving rise to the claim or, if earlier, three (3) months from the time you ought reasonably to have become aware of such circumstances.
6. Data Protection
6.1 We ask for your name and address and the other details set out overleaf ("Personal Information") so that we can notify you when your Equipment has been repaired and so we can give you an efficient after-sales service. We may also send you text messages from time to time to alert you to new services that we may provide. By signing the questionnaire and using these Services you consent to our use of your Personal Information as described. If you do not wish to receive text messages at any time you should write to us at Smart Phone Technologies Limited, WeWork, 1 Fore st, London, EC2Y 9DT.
7.1 We shall not be liable to you for any delay in or failure of performance of our obligations under this Agreement arising from any reason beyond our reasonable control.
7.2 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.
7.3 This Agreement sets out the entire agreement and understanding between you and us in connection with its subject matter. Nothing in this Agreement shall effect our liability in respect of any misrepresentation, warranty or condition that is made fraudulently.
7.4 This Agreement may not be amended, modified, varied or supplemented except in writing signed by or on behalf of you and us.
7.5 If any part of this Agreement is found to be void or unenforceable it will be severed from the rest of this Agreement so that it is effective to the extent that shall not effect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
7.6 Nothing in this Agreement shall confer on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999.
7.7 This Agreement shall be governed by the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English Courts.