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INTRODUCTION

Out of Warranty provides repair services for cell phones and other consumer electronic products.  We reserve the right to amend, cancel or alter these services at our sole discretion.

THE USE OF THIS SITE IS GOVERNED BY THE POLICIES, TERMS AND CONDITIONS SET FORTH BELOW IN THIS USER AGREEMENT (“AGREEMENT”). PLEASE READ THIS AGREEMENT CAREFULLY. YOUR REGISTRATION, YOUR USE OF THIS SITE, THE SUBMISSION OF YOUR DEVICE TO AN OUT OF WARRANTY REPAIR FACILITY AND/OR YOUR PRINTING OR USE OF OUR PREPAID SHIPPING LABELS INDICATES YOUR ACCEPTANCE OF THESE POLICIES, TERMS AND CONDITIONS.

Out of Warranty is a company located in New York State. Any and all transactions conducted on this site are the sole responsibility of Out of Warranty. The following terms and conditions apply to your use of the Out of Warranty website and its services. If you have any questions that our Frequently Asked Questions page cannot answer, please contact us. We may amend these terms and conditions at any time by posting the amended terms on this site. Terms are effective immediately upon posting. These terms and conditions may not otherwise be amended except for a special circumstance, which must be described in writing and signed by both parties.

DIAGNOSTIC FEE

By clicking the “submit” button on OutofWarranty.com and/or sending a cell phone or personal electronic device to an Out of Warranty repair facility, you allow Out of Warranty to charge a diagnostics fee of $4.95 to your credit card. This fee is not refundable regardless of whether a repair is later performed by the Out of Warranty facility.

The diagnostic fee is charged immediately. The repair fee as discussed in the next section is charged once the repair quote has been approved by you either over the phone or by email.

REPAIR QUOTES

To receive a repair quote, select your phone’s manufacturer, model and the type of repair from the drop down menu on OutofWarranty.com’s main page. This quote is an estimate, and although Out of Warranty makes every effort to quote the cost of each repair accurately errors can be made. In the event of an error, Out of Warranty reserves the right to adjust a repair quote.

To increase the likelihood of receiving an accurate quote, Out of Warranty strongly recommends selecting the correct manufacturer, model and type of repair. If you are not sure of the manufacturer or model of your phone, please look at the sticker underneath your phone’s battery. If the incorrect manufacturer, model or type of repair is selected, Out of Warranty will send a corrected quote to the email address you supplied for your approval once your phone is received and examined.

ADDITIONAL PARTS

Repair quotes do not include the cost of additional parts. Should a replacement part be required to complete your repair, Out of Warranty or an agent authorized by Out of Warranty will contact you and inform you of the additional cost. All parts shall be new parts or reconditioned parts of equal quality.

If you authorize the additional charge, an Out of Warranty repair facility will complete your repair. If you do not authorize the additional charge, Out of Warranty will return the cell phone or other electronic device to you without completing the repair and the diagnostics fee of $4.95 (as discussed in the section entitled “Diagnostics Fee”) will not be refunded.

CONTACT INFORMATION

By clicking “submit”, printing an Out of Warranty shipping label and/or sending your device to an Out of Warranty repair facility, you agree to provide accurate and current contact information. If Out of Warranty is unable to contact you because inaccurate or outdated information (namely phone number and email address) has been supplied, Out of Warranty may return your device to you without completing the repair. The diagnostics fee of $4.95 will not be refunded.

SHIPPING INFORMATION

By clicking “submit”, printing an Out of Warranty shipping label and/or sending your device to an Out of Warranty repair facility, you agree to provide accurate and current shipping information. Out of Warranty will ship your repaired device to the shipping address selected. Out of Warranty is not responsible for ensuring that you receive your device if an inaccurate or outdated address is provided.

DATA ON YOUR DEVICE

By sending your device to an Out of Warranty repair facility, you recognize that the data (including but not necessarily limited to your contacts, text messages, picture messages, and emails) on your device may be seen by a repair technician during the course of your repair. If that is not acceptable to you, you agree to remove all data from your device before shipping it. By sending Out of Warranty your product, you agree to release it from any claim with respect to the data stored on the device and any information on any media used in conjunction with the device.

Out of Warranty will not be responsible for securing, protecting, keeping secret or otherwise managing any form of data or information that is stored on or otherwise contained in any product that you send to Out of Warranty (including any SIM card or SD card). You bear sole responsibility for removing or securing such data, or for transferring it to a medium under your continuing control.

MAILING YOUR DEVICE

Out of Warranty recommends using a label printed directly from OutofWarranty.com to send your device to an Out of Warranty repair facility. Keep a record of the tracking number for your reference.

If applicable to your device, please include the battery, battery door and charger. No additional accessories are requested. Package the item(s) in a bubble mailer or a padded envelope. Please ensure that all products are packaged SECURELY without room to move. We recommend using bubble wrap to protect the product. Out of Warranty will not be responsible for merchandise lost or damaged in the mail. You may wish, therefore, to insure your device before sending it.

CELL PHONE SERVICE

If a cell phone is on a monthly service plan, Out of Warranty is not responsible for the cost of any lost talk time while a cell phone is in transit to or from an Out of Warranty repair facility or if it is being repaired by an Out of Warranty repair facility.

Out of Warranty is proud to employ cell phone repair technicians who perform their duties in the most professional manner. There is a zero-tolerance policy for using customers’ airtime with the exception of testing for functionality. However, in the event that airtime is used Out of Warranty is not responsible for the cost of any phone calls made while a cell phone is at an Out of Warranty repair facility.

OWNERSHIP

By using Out of Warranty’s services, you assert that you are the owner of the device sent to Out of Warranty, or that you have been authorized to act on the owner’s behalf.

RECYCLING OF PRODUCTS

There are times when a device that Out of Warranty receives can not be repaired. In such cases, Out of Warranty’s standard procedure is to return the product to the sender. However, at the customer’s request Out of Warranty will instead recycle the device at no additional charge. In such cases, Out of Warranty will be solely responsible for ensuring that this product is recycled in accordance with applicable Environmental Protection Agency regulations.

INDEPENDENT CONTRACTOR

Signing up for any of Out of Warranty’s programs in no way constitutes or gives rise to a legal partnership, joint venture or other relationship between the parties. Each of the enrollees in any program and Out of Warranty will operate under the terms of this Agreement as an independent contractor and not as an agent of the other.

OUT OF WARRANTY REPAIR FACILITIES

Out of Warranty reserves the right to allow facilities not operated by Out of Warranty to service or repair devices sent to Out of Warranty. By clicking “submit”, printing an Out of Warranty shipping label and/or sending your device to an Out of Warranty repair facility, you agree that this is acceptable.

WARRANTIES

Out of Warranty guarantees that the repair requested was completed correctly. In the event that this is not the case, contact us immediately. We will arrange for you to return the device to an Out of Warranty repair facility to have the issue corrected.

Although all devices sent to Out of Warranty repair facilities are tested, Out of Warranty does not guarantee that all problems will be detected. Out of Warranty can only guarantee that the requested repair will be completed. In the event that another problem is detected you will be contacted and asked if you want to authorize that repair as well.

We warranty each repair for a period of thirty (30) days. Out of Warranty's liability under the Warranty is limited to damage determined to have been caused by Out of Warranty=s negligent acts in repairing the damage for which the device was originally submitted. As such, the Warranty will cover any recurrence of the problem that occasioned the original repair.

New problems or later, additional damage to the repaired device occurring after the repaired device has been returned to the client will not be covered by the Warranty. Finally, Out of Warranty’s Warranty does not cover water damage or damage caused by any other liquid.

In accepting the device for repair, Out of Warranty will note in its quotation and/or invoice any scratches or dents to the device submitted. Claims of damage, due to subsequent scratches or dents, must be made upon pickup of the repaired device or within three days of its receipt by mail.

In the event the device sustains additional damage in the course of repair, rendering it unusable, due to our negligence, Out of Warranty will replace it with a device of equal value or refund the repair price, whichever is greater.

If the device cannot be repaired, Out of Warranty will refund the full cost of the repair. The refund will be made in the same manner as the client=s original payment.

A warranty sticker, bearing a unique service number, will be placed on each repaired device. There will be periodic drawings of these unique service numbers and the winners of such drawings will be awarded quality prizes by Out of Warranty. Tampering with or removing the warranty sticker placed on each repaired device will render the Warranty void.

The client should note that repairs performed by Out of Warranty may void a device=s manufacturer=s warranty.

RETURNS

Out of Warranty does not accept returns.

COPYRIGHT AND TRADEMARK NOTICE

OutofWarranty.com is operated by the owners of Out of Warranty. Unless otherwise specified, materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Out of Warranty, the owner of this site.

DISCLAIMER

IN NO EVENT SHALL OUT OF WARRANTY BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST OR CORRUPTED DATA, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY), OR ANY OTHER SIMILAR DAMAGES UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY), EVEN IF OUT OF WARRANTY HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.

LIMITATION OF LIABILITY

UNLESS  EXPLICITLY PROVIDED OTHERWISE HEREIN,  OUT OF WARRANTY’S TOTAL LIABILITY FOR ANY LOSS, COST, CLAIM OR DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO THE REPAIR OF CLIENT’S DEVICE SHALL NOT EXCEED THE AMOUNT OF THE FEE(S) PAID BY CLIENT TO OUT OF WARRANTY. THIS LIMITATION ON LIABILITY WAS AND IS AN EXPRESS PART OF THE BARGAIN BETWEEN COMPANY AND LICENSEE AND WAS A CONTROLLING FACTOR IN THE SETTING OF THE FEES PAYABLE TO OUT OF WARRANTY.

CHOICE OF LAW

THESE TERMS AND CONDITIONS ARE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH NEW YORK LAW, WITHOUT REGARD TO CHOICE OF LAW PRINCIPLES. BY ENTERING INTO A CONTRACTUAL RELATIONSHIP WITH OUT OF WARRANTY, BY SENDING A DEVICE TO AN OUT OF WARRANTY REPAIR FACILITY OR BY PRINTING OR USING A PREPAID SHIPPING LABEL FROM OUT OF WARRANTY, YOU AGREE THAT ANY ACTION AT LAW OR IN EQUITY RELATING TO THESE TERMS AND CONDITIONS WILL BE FILED ONLY IN A STATE OR FEDERAL COURT LOCATED IN NEW YORK STATE, IN THE SOUTHERN DISTRICT OF NEW YORK, AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION, OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS.