RepairBar Repair Terms & Conditions
These Terms & Conditions (T&Cs) govern the service of your product by Vescom Smart Systems DBA RepairBar (”RepairBar”).
1. RepairBar will service your product as described and for the charges shown on the Work Authorization plus any applicable tax. When the service is covered by RepairBar’s warranty, extended service contract or consumer warranty law, those terms or applicable law will apply.
2. 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, RepairBar reserves the right to return the product to you without servicing it, and may hold you responsible for any indicated diagnostic fee.
3. If service requires labor and/or parts not specified on the Work Order, RepairBar may seek your approval of a revised estimate. If you do not agree that RepairBar may revise the charges, RepairBar may return your product and hold you responsible for any indicated diagnostic fee.
4. RepairBar may use parts or products that are new or equivalent to new in reliability and performance. RepairBar will retain the replaced part or product that is exchanged as its property, and the replacement part will become your property. Replaced parts are generally repairable and are exchanged or repaired by RepairBar for value. If applicable law requires RepairBar to return a replaced part to you, you agree to pay RepairBar the additional cost of the replacement item.
5. RepairBar warrants for a period of ninety (90) 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 RepairBar. The foregoing warranty is an express limited warranty and in the event of breach, RepairBar 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.
THIS WARRANTY AND ASSOCIATED REMEDIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. REPAIRBAR SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF REPAIRBAR CANNOT LAWFULLY DISCLAIM IMPLIED WARRANTIES, THEN ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO THE EXPRESS LIMITED WARRANTY.
6. TO THE MAXIMUM EXTENT PERMITTED BY LAW, REPAIRBAR 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. REPAIRBAR 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 REPAIRBAR’S CUSTODY, REPAIRBAR’S LIABILITY WILL BE LIMITED TO THE COST OF REPAIR OR REPLACEMENT OF THE AFFECTED PRODUCT. OTHERWISE, REPAIRBAR’S LIABILITY FOR ANY AND ALL DAMAGE SHALL IN NO EVENT EXCEED THE PAYMENTS RECEIVED BY REPAIRBAR FOR SERVICES PROVIDED PURSUANT TO THESE TERMS. THE REMEDIES SET FORTH HEREIN SHALL BE YOUR SOLE AND EXCLUSIVE REMEDIES FOR ANY BREACH BY REPAIRBAR UNDER THESE TERMS AND CONDITIONS.
7. If you have not claimed your product and paid all charges due within sixty (60) days after being notified by RepairBar that your product has been serviced, RepairBar will consider your product abandoned and may dispose of your product in accordance with applicable law.
8. 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 RepairBar to transfer the information and accept such terms on your behalf in performing the service.
9. These T&Cs are governed by the laws of the State of California (without giving effect to its conflict of law provisions).
10. These T&Cs are the only ones that govern RepairBar’s service of your product.
11. You agree and understand that it is necessary for RepairBar to collect, process and use your personal information in order to perform service under these T&Cs. RepairBar will protect your information in accordance with Industry Standards.
NOTICES TO CALIFORNIA CONSUMERS
1. 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.
2. 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 SIXTY (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.