Repair Terms of Service
1. Terms of Service
The terms and conditions contained in this document (Terms of Service) form apply in addition to, and must be read with the customer authorization form (Customer Authorization Form). The Terms of Service apply each and every time the customer (Customer) submits a request for Fixtan to provide services (Services) using a Customer Authorization Form, as provided on the website located at url www.fixtan.com (Site).
Before proceeding, Customer’s must be aware that although Fixtan approaches all Services (as defined in clause 2.1) with care and diligence, there remains a number of risks. These risks are detailed in full in clause 5, and include:
A- the voiding of the manufacturer’s warranty on the Customer’s Device; and
B- data loss.
The Customer expressly agrees that Fixtan will not be liable for any damage, cost or loss associated with these risks.
By clicking “I Accept”, or signing a Customer Authorization Form, the Customer Warrants that they:
A-have had the opportunity to read and fully understand these Terms of Service;
B-they agree to be bound by these Terms of Service;
C- have backed up all data stored on the Device and understand that any data stored on the Device may be lost; and
D- have made enquiries into the effect that authorizing Fixtan to carry out the Services on the Device may have on the manufacturer’s warranty of the Device and that they understand these Services may void such warranty.
2. Definitions and Interpretation
2.1 Definitions
The following definitions apply unless the context requires otherwise:
Agreement means these Terms of Service and the Customer Authorization Form.
Assessment means the inspection of the Device by Fixtan in order to establish its condition.
Assessment Fee means the non refundable amount of AED 50.00 that Fixtan may charge to perform an Assessment.
Beyond Economical Repair in relation to a Device means a Device that following Assessment thereof, Fixtan determines it is unfeasible to repair.
Cancellation Fee means the amount of AED 50.00.
Customer Details means the information identified as such on the Customer Authorization Form.
Condition Report means the form identified as such on the Customer Authorization Form.
Courier Fees means the fees that apply to the courier service, as stated on the Site.
Courier Service means a delivery service that Fixtan offers Customer’s as stated on the Site.
Credit Card Surcharge means an additional fee for all payments made by the Customer via a credit card calculated at 3% of the payment made.
Device means the device that the Customer has requested the Services be performed on.
Estimated Completion Date means the date indicated as such in the Customer Authorization Form which Fixtan estimates the Services will be completed by.
Fees means the Assessment Fee plus the amount the Customer agrees to pay Fixtan for the Services, as estimated in the Customer Authorization Form.
Fused Screen means a Device screen that involves a glass, digitizer and liquid crystal display that are joined to each other using a clear adhesive.
Glass Only Repairs means Services that involve the replacement of the glass component only a Device with a Fused Screen.
Non-Genuine Parts means any Parts used to complete the Services which are not manufactured, distributed, endorsed or approved by the Device’s manufacturer.
Parts means any components used to complete the Services
Party means either the Customer or Fixtan, as the context may require.
Personal Information has the meaning provided in the Privacy Policy.
Post-Service Condition means the condition of the Device following completion of the Services as detailed in the Condition Report under the section headed “Condition After Repair”
Pre-Service Condition means the condition of the Device at the time of completing a Customer Authorization Form as detailed in the Condition Report under the section headed “Condition Before Repair”
Privacy Policy means Fixtan’s privacy policy available on the Site.
Quote means an estimate of the Fee provided by Fixtan to the Customer.
Receipt means a receipt issued to the Customer by Fixtan upon receipt of a Device.
Refund Policy means Fixtan’s refund policy available on the Site.
Services means the work stated in the Customer Authorization Form and any other work that is necessary to complete this and may include, but is not limited to;
A the installation of Parts; or
B the refurbishment of Parts.
Service Risks means those matters stated in clause 5 of these Terms of Service.
2.2 Interpretation
In this Agreement, except where the context otherwise requires:
A- a reference to a clause, paragraph, schedule or annexure is to a clause or paragraph of, or schedule or annexure to, this Agreement, and a reference to this Agreement includes any schedule or annexure;
B- a reference to a document or instrument includes the document or instrument as notated, altered, supplemented or replaced from time to time;
C- a reference to a Party is to a Party to this Agreement, and a reference to a party to a document includes the party’s executors, administrators, successors and permitted assigns and substitutes;
D-a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
E- a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re enactments or replacements of any of them;
F- a reference to A AED, AED A, Dirham or AED is to the currency of the United Arab Emirates;
G- a reference to time is to U.A.E. Standard Time;
H- a rule of construction does not apply to the disadvantage of a Party because the Party was responsible for the preparation of this Agreement or any part of it; and
I- another grammatical form of a defined word or expression has a corresponding meaning;
J- any agreement, representation, warranty or indemnity by two or more Parties (including where two or more persons are included in the same defined term) binds them jointly and severally;
K- headings are for ease of reference only and do not affect interpretation.
L-the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;
M- the singular includes the plural and vice versa, and a gender includes other genders;
3. Services process
3.1 Request for Services
A- The Customer has requested that Fixtan perform the Services shown in the Customer Authorization form.
B- Fixtan has agreed to perform the Services, subject to these Terms of Service.
C- Fixtan reserves the right to refuse a request for Services contained in a Customer Authorization Form.
3.2 Authorization to perform Services
By completing a Customer Authorization Form, the Customer expressly consents to Fixtan performing the Services and any other actions necessary to complete the Services on the Device.
3.3 Provision of a Quote
A- Fixtan may, upon request through the Site, provide the Customer with a Quote for the Services.
B- The Customer agrees and acknowledges that any Quote provided by Fixtan is:
(i) based solely on the information provided by the Customer;
(ii) subject to change following Fixtan’s Assessment of the Device; and
(iii) is valid for ten (10) days from the date on which it is provided.
3.4 Delivery of Device to Fixtan
(a) Subject to clause 5, the Customer is responsible for all costs in having the Device delivered to Fixtan.
(b) Upon receipt of the Device, Fixtan will issue the Customer with a Receipt.
(c) Where the Device is delivered to Fixtan via:
(i) the Courier Service or post, the Receipt, the Receipt will be posted and a copy emailed to the Customer; and
(ii) in person by the Customer, the Receipt will be issued to the Customer in person at that time.
(d) Where a Customer requires a re-issue of the Receipt, Fixtan will require photographic evidence of the Customer’s identity and Fixtan may, in its discretion, charge the Customer an administration fee of AED 10.00.
3.5 Fees
(a) The Customer agrees to pay Fixtan the Fees in exchange for Fixtan performing the Services.
(b) Unless expressly stated otherwise, the Fees are exclusive of the cost of any Parts and labour.
(c) The Customer acknowledges and agrees that:
(i) the Fees indicated in the Customer Authorization Form or a Quote are an estimate only, and the final Fees may exceed this estimate; and
(ii) any Fees indicated on the Site are subject to change without notice.
(d) The Customer acknowledges and agrees that Fixtan will charge the Assessment Fee even where further Services are not requested by the Customer.
3.6 Cancellation of Services
(a) If the Customer cancels a request for Services for which the Fee has been paid in advance either in part or in full, made pursuant to clause 3.1(a), they are liable for:
(i) the Cancellation Fee;
(ii) any Courier Fee’s incurred in delivering the Device to Fixtan; and
(iii) the costs incurred in returning the Device to the Customer.
(b) The Customer acknowledges and agrees that the Cancellation Fee indicated on the Site is subject to change without notice.
3.7 Completion of Services
(a) Fixtan will perform the Services with reasonable care and diligence.
(b) Fixtan will attempt to complete the Services by the Estimated Completion Date as stated in the Customer Authorization Form.
(c) Notwithstanding clause 3.4(b), the Customer acknowledges and agrees that the Estimated Completion Date is an estimate only and may be affected by matters not discoverable until performance of the Services has commenced.
3.8 Additional services may be necessary
(a) In performing the Services, Fixtan may discover that the Device requires further services than those nominated in the Customer Authorization Form and additional services (Additional Services) may need to be performed.
(b) Before performing any Additional Services, Fixtan will contact the Customer to inform them of:
(i) the extent of the Additional Services;
(ii) an estimate of any additional Fee associated with the Additional Services; and
(iii) an estimate of any changes to the Estimated Completion Date.
3.9 Return of Device
(a) Prior to returning the Device Fixtan will inspect test the Device in order to complete the “Condition After Repair” section of the Condition Report to ascertain the Post-Service Condition of the Device.
(b) Fixtan will return the Device in its Post-Service Condition to:
(i) the address nominated in the Customer Details; or
(ii) the Customer personally at Fixtan’s address;
as elected by the Customer in the Customer Authorization Form.
(c) Where the Device is returned to the Customer pursuant to clause 3.9(b)(ii), the Device will be returned to the person holding the Receipt.
3.10 Forfeiture of the Device failing payment
(a) Fixtan reserves its right to retain possession of the Customer’s Device until the Customer has paid Fixtan’s Fees.
(b) The Customer agrees and acknowledges that in the event that the Customer has not paid the Fees within thirty (30) days of being notified that the Services have been completed and payment of the Fees are due, the Customer forfeits all title in the Device to Fixtan.
(c) Fixtan reserves its right to deal with any Device forfeited to Fixtan pursuant to clause 3.10(b) in any way it sees fit, including but not limited to recycling the Device.