Twisted iPhone, LLC
'TERMS AND CONDITIONS'
“Twisted iPhone, LLC”
TERMS AND CONDITIONS
1. Service Contract. This Agreement, upon authorization of a service work order, is a service contract for the repair of the items described in the Service/Work Order attached hereto (the “Equipment”), and any materials furnished by Twisted iPhone or any subcontractors that are incidental to the performance of the repair. All terms and conditions of this Agreement shall be applicable to any work done or services provided for the Equipment, whether under this Agreement (including any work done under a continuation of this Agreement), subsequent written agreement, or otherwise, unless otherwise agreed in writing by Twisted iPhone.
2. Charges. Twisted iPhone will charge the Owner for all service work at Twisted iPhone’s prevailing time and materials rates, including supervisory time, together with the cost of all parts, labor and shipping incurred on the repair; plus applicable taxes. Any price that Twisted iPhone quotes is an estimate only, unless noted as a “firm quote” in a written proposal signed by both parties. With a firm quote, Twisted iPhone may increase its charge if additional work is required due to damage or defects not known or apparent at the time the quote was given, or is otherwise requested by Owner. Owner’s payment is due at the time the Equipment is returned to the Owner.
3. Limited Warranty. Twisted iPhone warrants its repairs against defects in labor and materials appearing or manifesting themselves within (30 days; Apple Repairs), (15 days; other brand repairs) following completion of Twisted iPhone’s work (“Warranty Period”), provided the Owner notifies Twisted iPhone in writing or brings the Equipment to its facilities within seven (7) days after the appearance or manifestation of the defect, but this limited warranty excludes hard drives, headphone jacks, batteries, power buttons, volume buttons and all parts repaired due to liquid damage, data loss or corruption of data. This remedy shall be the exclusive remedy for breach of any warranty under this agreement. The Owner shall not be entitled to receive incidental, special, consequential or punitive damages from Twisted iPhone for breach of any warranty or duty arising from this agreement. THIS WARRANTY AND REMEDY ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, WITH RESPECT TO THE REPAIR PARTS. Notwithstanding anything to the contrary contained in this agreement, the limited warranty described in this paragraph shall be VOID AND OF NO FORCE OR EFFECT if, during the Warranty Period, the Equipment is serviced or tampered with by Owner or any other service provider other than Twisted iPhone.
4. Warranty. If the repairs are covered by a warranty or an extended service contract, Twisted iPhone will make the repairs consistent with the warranty or service contract; provided, however, the Owner must provide proof of eligibility for the repairs under the warranty or service contract and Owner must pay to Twisted iPhone all additional charges not covered by the warranty or service contract.
5. Limitation of Liability. Notwithstanding any other provision in this agreement, the liability of Twisted iPhone for damages arising out of any act or omission of Twisted iPhone, other than Twisted iPhone’s gross negligence or willful misconduct (BUT NOT NEGLIGENCE), shall not exceed the total amount invoiced by Twisted iPhone to the Owner for the services provided by Twisted iPhone pursuant to this agreement.
6. Indemnification. The Owner, the Owner’s heirs, successors, and assigns, hereby agree to release Twisted iPhone, its officers, employees, and agents, from against, and for claims (including attorneys’ fees and costs) for damage caused or contributed to in any way by any party other than Twisted iPhone to the Equipment, its gear, equipment, and contents, or for injury to the Owner, the Owner’s family members, employees, invitees, and agents, arising from duties assumed under this agreement or by operation of law, use of the Equipment, or any individual’s or any individual’s presence on Twisted iPhone’s property, under any circumstances whatsoever.
7. Consent. If the requested repairs require labor and/or parts not specified, Twisted iPhone may seek your approval of a revised estimate. If you do not agree to the revised charges, Twisted iPhone may return your product and hold you responsible for the diagnostic fee shown on the reverse side, plus all applicable tax.
8. Affiliation with Apple. Twisted iPhone is not affiliated with Apple, Inc. and is not an Apple Authorized Service Provider. Therefore, Twisted iPhone cannot honor any Apple warranty. While our technicians may possess Apple Certifications and are knowledgeable and capable of performing repairs on Apple Products, Apple does not recognize Twisted iPhone as an Apple Authorized Service Provider. Despite equal and comparable workmanship, any product that is not repaired by Apple or its affiliates may be considered tampering and affect their warranty coverage.
9. Parts. If repairing your product under Twisted iPhone’s warranty or extended service contract, Twisted iPhone may use new, used or reconditioned parts, if permitted by the terms. If repairing parts outside of warranty or extended service contract, Twisted iPhone may use new, used or reconditioned parts. Twisted iPhone will retain the replaced part that is exchanged under repair service as its property, and the replacement part will become your property. Replaced parts are generally repairable and are exchanged or repaired by Twisted iPhone for value. If applicable law requires Twisted iPhone to return a replaced part to you, you agree to pay Twisted iPhone the additional cost of the replacement item.
10. Product Abandonment. If you have not claimed your product and paid all charges due within thirty (30) days after being notified by Twisted iPhone that your product has been repaired, Twisted iPhone will consider your product abandoned. Twisted iPhone will provide such notice to you at the phone number or e-mail address you furnished when you authorized the repairs. Twisted iPhone may dispose of your product in accordance with applicable provisions of law, and, specifically, may recycle or sell your product at a private or public sale without liability to you. Twisted iPhone reserves its statutory and any other lawful liens for unpaid charges.
11. Software & Data Usage. If repair 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 Twisted iPhone to transfer the information and accept such terms on your behalf in performing the service. Software installations and/or resolutions are not covered by Twisted iPhone’s warranty.
12. Modification. No modification to this Agreement shall be enforceable unless in writing and executed by Twisted iPhone’s authorized agent. Twisted iPhone’s failure to require strict performance of this Agreement or waiver of any conditions shall not act as a waiver of its rights nor be deemed a continuing waiver. Delay in enforcement of any of Twisted iPhone’s rights hereunder shall not be deemed laches.
13. Miscellaneous. If any portion of this Agreement shall be deemed to be in violation of any law of the United States or State of Texas, that portion, and that portion only, shall be deemed null and void, and the balance of this Agreement shall remain in full force and effect. This Agreement shall be governed by the laws of the State of Texas and the United States, both as to interpretation and performance.
14. Taxes. All work is subject to Texas state sales tax.