1.1) The terms set out in these Conditions of Repair ("Agreement") shall apply to the service we provide to repair your Smartphone, Mobile Phone, Laptop, Printer, Desktop and Servers and/or any accessories listed overleaf ("Device") on the repair request/order form.
1.2) Reference to "us", "we" and "our" refer to Fix My Device and references to "you" and "your" are references to you, the person/customer/user addressed on this platform as the Owner or the Device to be fixed.
2.1) This Agreement shall commence from the date you sign in to use our service/platform and shall continue until we have repaired or otherwise returned your Device ("Services"), whichever is sooner, and received any payment due from you.
2.2) We shall make all 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 Services using our reasonable care and skill. Note that any device submitted with a different fault from what is communicated at the time of repair request; we be termed as void and bridge of agreement. Hence, users/customers MUST always state the true state of every device during repair request or order. We will not be liable to fix devices with fake information from customers/users.
2.3) Estimate/pricing range for completion of the Service which may be given to you is only an estimate and does not form any obligation under the terms of this Agreement, i.e.; actual cost of repairs could be different from the aforementioned estimate. The actual cost of repairs will be communicated to you via the account you have with us and also via email.
2.4) We shall notify you via your running account on our platform and also via email/sms/call as the case may be, when the Device has been repaired and is available for delivery.
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 repairs are guaranteed for 60 days from the date the Device is ready for delivery. If the same fault should re-occur we will repair it free of charge. If the Device develops an additional fault unrelated to the original repair, the repair warranty contained in this paragraph will not apply. All warranty repairs are subject to manufacturer’s warranty dates.
2.7) If your device is under warranty we will take it and fix it (via a certified brand service center) under the warranty terms, while you only pay token for services and logistics.
2.8) All charges will be inclusive of VAT and any other government taxes or duties as applicable.
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 your Device is beyond economic repair, we may at our absolute discretion replace your Device with a suitable equivalent rather than carry out repair works, this will be communicated for your approval.
3.3) If the nature of the repair falls outside the terms of your warranty or guarantee, then you may incur a standard 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.
4.1) If the repair to your Device 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 shall be published to you via your account, email, sms or call.
4.3) The cost of repair may not fall within our standard charges where the Device is not generally supported by us, Device 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 Device until we have received your acceptance of that estimate/invoice.
4.4) If we are unable to repair your Device, no fault is found on your Device or you do not accept our estimate/invoice, we will return your Device to you unrepaired and we reserve the right to charge you an inspection fee and logistics in accordance with our standard charges.
4.5) We may keep your Device until all charges payable have been paid. [We may also charge an additional fee for storage of your Device, if you would not accept delivery when Device is ready after repairs.]
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 Device 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 Device.
5.3) Any data 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 howsoever caused. It is your responsibility to keep a record of any such data, meanwhile we will not tamper with your data or stored information whatsoever.
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; 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 fourteen (14) days of becoming aware of the circumstances giving rise to the claim or, if earlier, seven (7) days from the time you ought reasonably to have become aware of such circumstances.
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 Device 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 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 firstname.lastname@example.org
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 affect 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 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 affect 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.
7.7) This Agreement shall be governed by the laws of Nigeria and shall be subject to the exclusive jurisdiction of the Nigeria Court of Law.