Terms & Conditions

last updated: 05/22/2020

Authorizing work

You authorize Phone and Computer to perform the work described in the service estimate (“service”) on the device identified on the front of this form (“your device”), subject to these terms and conditions. If your device is under any applicable manufacturer’s warranty, then the terms of Phone and Computer’s standard limited warranty also apply and will control if there is any conflict with these terms. In particular, if the warranty status of your device shown on the front of this service authorization is “in warranty” and Phone and Computer determines upon further inspection that the issue with your device is not covered by the standard limited warranty (for example, there is damage due to exposure to liquid), then additional charges not shown in the service estimate may apply. In that case, Phone and Computer will notify you of the additional charges prior to starting work on your device. Service on your device will not begin unless and until you authorize the additional charges.

Data on device

You are solely responsible for backing up any data on your device and deleting, encrypting or otherwise protecting your data from unauthorized use. Phone and Computer will not back up or restore your data and is not responsible for any data that is lost or corrupted. Phone and Computer will not treat data on your device as confidential and disclaims any agreement with you or other obligations to do so.

Warranty replacement requests

If you purchase a replacement and try to replace yourself or hire someone else to replace it or use the part while doing it so if the part gets defective such as; cable connection cut, poorly installed, cracked, physically any damaged. That will not be accepted as warranty replacement requests. We can not accept any physical damage on our any replacements. We install it or we don’t install it doesn’t matter, there will be no exception on any physical damage, liquid damage, or any similarity effects. We keep any rights of replacement requests on our own. Ang again; please be advised that the merchandise does not include any physical or internal damage (ie lcd damage, ripped flex). Whether the part was many months old or may have had scratches on the lcd components, our responsibilities relies on giving you a product which meets your expectations and will be accepted with no questions asked. Please contact us one of our customer service representatives if you have any other questions.

Phone and Computer responsibilities & limited warranty

Phone and Computer may, at Phone and Computer’s sole option, use rebuilt, reconditioned, or new parts or components when repairing your device. Repaired/replaced cases, pouches, and holsters will be warranted for a period of 180 days. All other repaired/replaced devices will be warranted for a period equal to the remainder of the applicable manufacturer’s original limited warranty on the original device if any, or for 180 days, whichever is longer. If your device should malfunction, it must be returned to the Phone and Computer store or service center for evaluation, and all costs of shipping shall be borne solely by the purchaser. Phone and Computer’s customer service department will diagnose the repair upon receipt. Upon examination by Phone and Computer, if your device is found to be defective it will be repaired or replaced at no charge. This warranty does not apply to defects resulting from any action by you, including but not limited to mishandling, physical damage, water damage, improper interfacing, operation outside of design limits, improper repair by someone other than Phone and Computer, use of any other product other than Phone and Computer products, or unauthorized modification. This warranty is void if your device shows evidence of having been tampered with (broken seal) or shows evidence of being damaged as a result of excessive corrosion; or current, heat, moisture or vibration; improper specification; misapplication; misuse; abuse or other operating conditions outside of Phone and Computer’s control. Software warranty applies to factory restores, backups, jailbreaks, unlocks, and applies to computers, laptops, cellular phones, etc. The warranty is void if the customer performs any software modifications not limited to restore, updating software on the device, downloading unauthorized or unapproved software, viruses, malware, spyware, or attempts to modify any software that has been installed by Phone and Computer. Phone and Computer employees reserve the right to void its warranty if any improper software installations or modifications have been made after the customer has left the store location. This warranty is non-transferable and does not apply to any purchaser who bought the product from a reseller or distributor not authorized by Phone and Computer, including but not limited to purchases from internet auction sites. Unless otherwise required by law, all replaced devices, parts, components, boards, and equipment shall become the property of Phone and Computer, and you waive all rights you may have under state or other laws to the replaced device or repaired or replaced parts. Subject to paragraph 2 above regarding data, Phone and Computer will be responsible to the extent provided under applicable law for the physical safekeeping of your device while in Phone and Computer’s possession for service. If your device is lost or damaged while it is in Phone and Computer’s possession for service, Phone and Computer will repair your device or replace it with an equivalent device, which at Phone and Computer’s option may be new or refurbished. If you fail to pick up your device or otherwise arrange for its return after repeated efforts to contact you, after thirty (30) days following the completion of repairs Phone and Computer shall treat the device as abandoned, and may dispose of the property in its sole discretion in accordance with applicable provisions of law, including sale to recoup administrative and repair costs.

Limitation of liability

The limited warranty stated in paragraph 3 above sets out the full extent of Phone and Computer’s responsibilities and the exclusive remedy regarding work performed or parts supplied by Phone and Computer in connection with the service on your device. All implied warranties, including without limitation, implied warranties of merchantability and fitness for a particular purpose, are limited to the duration of the limited warranty. In no event shall Phone and Computer be liable for damages in excess of the total amount due for the service, without limitation, commercial loss of any sort; loss of use, time, data, reputation, opportunity, goodwill, profits or savings; inconvenience; incidental, special, consequential or punitive damages; or damages arising from the use or inability to use the product. Some states and jurisdictions do not allow limitations on how long an implied warranty lasts, or the disclaimer or limitation of incidental or consequential damages, so these limitations and disclaimers may not apply to you.

No modification

No agent, employee, dealer, representative or reseller is authorized to modify these terms and conditions, to extend the limited warranty above or to make binding representations or claims, whether in advertising, presentations or otherwise, on behalf of Phone and Computer regarding the service.

Severability

You and Phone and Computer agree that it is our intention that these terms and conditions be enforceable in accordance with their terms to the fullest extent permitted by law. You and Phone and Computer agree that if any portion of these terms and conditions are adjudged by a court or arbitrator to be invalid or unenforceable, that adjudication shall not invalidate the remainder of these terms and conditions and they shall be fully enforceable.

Meta – data

You understand and agree Phone and Computer will collect meta – data logs during diagnostic evaluation to improve the overall future functionality of diagnostic tool and symptom evaluation in the repair process. The data collected will be used solely for Phone and Computer to enhance and improve this process, may be shared with Phone and Computer affiliates, and will not be distributed further without your consent. Data types that may be collected from your device include device phone number, device model number, device imei, device serial number, downloaded applications & their respective settings and host applications & their respective settings.

Applicable law & dispute resolution

The formation, existence, construction, performance, validity and all aspects whatsoever of these terms and conditions will be governed by the laws of the state of florida, without reference to its choice of laws principle; all disputes with Phone and Computer arising in any way from the service, including the issue of arbitrability, shall be resolved exclusively through final and binding arbitration, and not by a court or jury. Any such dispute shall not be combined or consolidated with a dispute involving service provided to any other person or entity, and specifically, without limitation of the foregoing, shall not under any circumstances proceed as part of a class action or class arbitration. The arbitration shall be conducted before a single arbitrator, whose award may not exceed, in form or amount, the relief allowed by the applicable law. The venue for all arbitrations shall be in orange county, florida. The arbitration shall be conducted according to the american arbitration association (aaa) commercial arbitration rules applicable to consumer disputes and is entered pursuant to the federal arbitration act. The arbitrator shall decide all issues of interpretation and application of this arbitration provision and the terms and conditions. Judgment may be entered on the arbitrator’s award in any court of competent jurisdiction. This arbitration provision also applies to claims against Phone and Computer’s employees, representatives, and affiliates if any such claim arises from the service.

Arbitration opt-out

You may opt out of this dispute resolution procedure by providing notice to Phone and Computer no later than 30 calendar days from the date of this service authorization. To opt out, you must send notice by email to info@phoneandcomputer.com, with the subject line: “arbitration opt out.” You must include in the opt out e mail (a) your name and address; (b) the date of this service authorization; (c) the model name or model number of your device; and (d) the imei or meid or serial number, as applicable, if you have it (the imei or meid or serial number can be found (i) on the product box; (ii) on the product information screen, which can be found under “settings;” (iii) on a label on the back of the product beneath the battery, if the battery is removable; and (iv) on the outside of the product if the battery is not removable). Alternatively, you may opt-out by calling +1(954) 995-8417 no later than thirty (30) calendar days from the date of this service authorization and providing the same information. These are the only two forms of notice that will be effective to opt out of this dispute resolution procedure. Opting out of this dispute resolution procedure will not affect the service or the limited warranty above for parts and labor, and you will continue to enjoy the benefits of the limited warranty.

Personal information

Personal information you provide on this form (such as an e-mail or mailing address) will be used only to fulfill the service you have requested; Phone and Computer will not sell, rent, or otherwise disclose such information (except as needed to Phone and Computer service vendors) without your prior approval.