REPAIR DJ GEAR REMOTE SERVICES TERMS AND CONDITIONS
Application and Acceptance of General Terms of Service
By purchasing, using and/or receiving a Repair DJ Gear web-based or remote technical support, data, repair or networking service (“Service”), you accept and agree to be bound by these Repair DJ Gear Remote Services Terms and Conditions, as updated by Repair DJ Gear from time to time (“Service Terms”).
These Service Terms, together with the terms of your purchase receipt, comprise the entire agreement between you and Repair DJ Gear with respect to the Service and will prevail over any conflicting, additional, or other terms of any marketing collateral or other document or expression. Employees, Contractors and agents of Repair DJ Gear have NO AUTHORITY (apparent, express, implied, or otherwise) to alter or modify these Service Terms – either orally or in writing.
References herein to “Repair DJ Gear” are referring to Repair DJ Gear and their affiliates, employees or third party service providers, as the case may be. References herein to “you”, “your” or “I” are references to the person purchasing, using and/or receiving the Services which are subject to these terms and conditions.
To receive the Service, you will need to provide information about the symptoms and causes of issues you are experiencing. You will need to respond to requests for information such as your product serial number, model, version of the operating system, and software installed, any peripheral devices connected to or installed on your product, any error messages displayed, the actions which were taken before your device began experiencing issues and steps already taken to try to resolve the issues.
If you require services, you will be responsible for delivering and picking-up your device. By accepting supplie dinvoice, you agree to Service Terms by Repair DJ Gear.
Additional costs and fees may apply to orders where the service required exceeds the scope of work for services already purchased. Repair DJ Gear will provide you with notice of the cost of additional services prior to performing work beyond the Services already purchased.
Unless otherwise stated in writing, all fees and charges are non-cancelable once service begins.
LIMITATIONS TO SERVICE
Repair DJ Gear shall not be liable for any failure or delay in performance due to any cause beyond its control. Repair DJ Gear reserves the right to refrain from providing the Services ordered on the basis that the minimum system requirements are not met or the technical needs or other requirements you have are unusual or extensive and beyond the scope of these Service Terms, as determined by Repair DJ Gear.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
THE SERVICE AND ALL INFORMATION, CONTENT, OR MATERIALS INCLUDED IN OR MADE AVAILABLE AS PART OF THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY SET FORTH HEREIN, REPAIR DJ GEAR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, CONTENT OR MATERIALS OBTAINED OR MADE AVAILABLE TO YOU THROUGH THE SERVICE. YOUR USE OF THE SERVICE AND ALL INFORMATION, CONTENT OR MATERIALS INCLUDED IN OR MADE AVAILABLE AS PART OF THE SERVICE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REPAIR DJ GEAR DISCLAIMS ALL WARRANTIES OF ANY KIND INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REPAIR DJ GEAR WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES ARISING FROM THE SERVICE OR ANY INFORMATION, CONTENT OR MATERIALS INCLUDED IN OR MADE AVAILABLE AS PART OF THE SERVICE, EVEN IF REPAIR DJ GEAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY CAUSED BY THE SERVICE, REPAIR DJ GEAR’S GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, OR FRAUD.
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, REPAIR DJ GEAR’S MAXIMUM LIABILITY TO YOU ARISING FROM OR RELATED TO REPAIR DJ GEAR UNDER THESE SERVICE TERMS WILL BE LIMITED TO THE SUMS PAID BY YOU TO REPAIR DJ GEAR UNDER THESE SERVICE TERMS DURING THE ONE MONTH PRIOR TO THE TIME THE CAUSE OF ACTION AROSE. I HEREBY WAIVE ANY DATA LOSS OR MEDIA LOSS CLAIMS, WHETHER OR NOT I HAVE REQUESTED REPAIR DJ GEAR ATTEMPT TO BACK UP MY DATA, AGAINST REPAIR DJ GEAR AS UNDER NO CIRCUMSTANCES SHALL REPAIR DJ GEAR BE LIABLE FOR ANY LOSS, ALTERATION OR CORRUPTION OF ANY DATA, OR LOSS OF ANY MEDIA FROM MY PRODUCT.
LIMITED SERVICES WARRANTY
Notwithstanding the foregoing, Repair DJ Gear will correct, for no additional charge, any defects in workmanship of the Services within 30 days from the date you received the Services at your home or business or 30 days from the date you picked up your product following Services performed at a Repair DJ Gear location; however, for repairs necessitated by a virus or spyware, physical damages, liquid damages, improper usage, this 30-day warranty is not valid.
NOTICES TO CALIFORNIA CONSUMERS
AN ESTIMATE AS REQUIRED (SECTION 9844 OF CALIFORNIA BUSINESS AND PROFESSIONS CODE) FOR REPAIRS SHALL BE GIVEN TO THE CLIENT BY THE SERVICE DEALER IN WRITING, AND THE SERVICE DEALER MAY NOT CHARGE FOR WORK DONE OR PARTS SUPPLIED IN EXCESS OF THE ESTIMATE WITHOUT PRIOR CONSENT OF THE CLIENT. 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 OR REPAIR. FOR INFORMATION CONTACT THE BUREAU OF ELECTRONIC AND APPLIANCE REPAIR, DEPARTMENT OF CONSUMER AFFAIRS, SACRAMENTO CA 95814.
A buyer of this product in California has the right to have the product serviced or 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 within the warranty period, the warranty will not expire until the defect has been fixed. The warranty period will also be extended if the warranty repairs have not been performed due to delays caused by circumstances beyond the control of the buyer, of if the warranty repairs did not remedy the defect and the buyer notifies the manufacturer or seller of the failure of the repairs within 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. This time extension does not affect the protections or remedies the buyer has under the laws.