Terms & Conditions
Repair terms :
1. Repair contract
1.1 The conditions set forth in these Repair Conditions (“Agreement”) apply to the service we provide to repair your electronic device.
1.2 References to “we”, “us” and “our” refer to Mobiking and references to “you” and “your” are references to you, the person addressed in this agreement.
2. All repairs (unless otherwise indicated)
2.1 This Agreement will commence on the date you sign the Service Order and continue until we have repaired or returned your device, whichever is earlier, and received any payment due from you.
2.2 We will make all reasonable efforts to repair your device subject to the availability of the required parts and / or conditions of any applicable warranty. We perform repairs using all our skills and expertise.
2.3 Any estimate of time for the completion of the service that may be given to you is an estimate and in no way constitutes an obligation under the terms of this Agreement.
2.4 We will notify you when the unit has been repaired and is available for removal. If you do not recover the device in 2 months, it will become the property of Mobiking. The value of the unit will be used to deal with an unpaid estimate or repair costs that you are required to pay and any remaining balance will be sent to or will be your responsibility accordingly.
2.5 If we are unable to complete the service for any reason, or if the service incurs additional costs to you, we will notify you immediately.
2.6 Our out-of-warranty / billable repairs are guaranteed for 12 months from the date the device is ready to be collected. If the same fault should happen again, we will repair it for free. If the device exhibits an additional failure unrelated to the original repair, the repair warranty contained in this paragraph will not apply. All warranty repairs are subject to manufacturer’s warranty dates.
2.7 Under certain circumstances, we may send your machine to another repair center and subcontract the repair work to a third party.
2.8 All fees will be subject to VAT and any other government taxes or levies, as the case may be.
3. Additional conditions for warranty repairs
3.1 Where the repair is to be performed under an appropriate warranty or warranty, we may ask you to provide sufficient proof of any warranty or guarantee.
3.2 If your device is irreparable, we may, at our sole discretion, replace your device with an appropriate equivalent rather than repairing it.
3.3 If the nature of the repair does not comply with the terms of your warranty, you may incur costs for the repair under the conditions defined in clause 4. We will endeavor to inform you before proceeding with any work. .
3.4 If you provide Mobiking with incorrect information about the age of your device, resulting in the expiration of the warranty, Mobiking may charge a $ 10 diagnostic fee.
3.5 If the device is registered as “NOT TESTED”, Mobiking can not be held responsible for damage resulting from the deposit or repair of the device.
3.6 Repairs to water or other liquid breakdowns (deoxidation) are not guaranteed and the unit may stop working at any time or not work at all after repair. Customers agree to pay additional fees, depending on the result of the repair. No refunds will be offered at any time for water repairs. Mobiking recommends repairing water only for data recovery.
4. Additional conditions for paid repairs
4.1 If the repair of your appliance is not covered by a warranty or if the nature of the repair exceeds the terms of your warranty, we will charge you for the repair in accordance with the terms of this contract.
4.2 The cost of repair will be calculated to the extent possible in accordance with our standard charges as published from time to time.
4.3 The cost of the repair may not be in line with our standard costs when the device is not generally supported by us, if the repairs to the device are outsourced or if the nature of the repair does not comply. our standard repair rates. In this case, we will provide an estimate of the cost of the repair and we will not repair the unit until we have received your acceptance of this estimate.
4.4 If we are unable to repair your device, if there is no defect in your device or you do not accept our quote, we will return your device without repair and we reserve the right to charge you a fee. inspection in accordance with our standard charges. .
4.5 We may keep your device until all fees have been paid. [We may also charge additional fees for storing your device.]
5. Liability
5.1 Our full liability for any cause of action arising out of or in connection with this Agreement or its purpose (whether breach of contract, tort, including negligence, law or otherwise) is limited, to the extent that the cause of action concerned services provided, at our option: (a) to provide the services again; (b) payment of the cost of services provided again; or (c) refund any amount you have paid for the Services.
5.2 If, through our negligence or willful misconduct, we damage the unit beyond economic repair, our liability shall be limited to the cost of a replacement product by a premium product.
5.3 Any data or information you may have stored on the device remains your sole responsibility and we are not responsible for the loss or corruption of such data, regardless of the cause. It is your responsibility to keep track of this data.
5.4 Nothing in this clause 5 shall apply so as to limit or exclude our liability for: (a) death or personal injury resulting from our negligence; (b) breach of any condition implied by law; (c) any claim arising from the Consumer Protection Act; or (d) fraudulent misrepresentation.
5.5 In no event shall we be liable for any indirect, special or consequential loss arising out of or in connection with this Agreement, including any loss of business, income, profits, anticipated savings, goodwill or any other other indirect or consequential loss, or any damages whatsoever.
5.6 Except as expressly provided in this Agreement, all representations, conditions and warranties, express or implied (statutory or otherwise) are excluded to the fullest extent permitted by law.
5.7 We will not be liable for any claim arising out of this Agreement unless you notify us in writing within three (3) months of becoming aware of the circumstances giving rise to the claim or, if earlier, within the three (3) months (3 months. when you should reasonably have known of such circumstances.
6. Data protection
6.1 We ask for your name, address and other details so that we can inform you of the repair of your equipment and provide you with an efficient after-sales service. We may also send you emails or text messages from time to time to notify you of new services we may provide or ask for your feedback. By using these services, you consent to us using your personal information in the manner described. If you do not wish to receive our emails or SMS at any time, you must write to us at the following address: Galerie Ravenstein 26 1000 Brussels.
7. General
7.1 We will not be liable to you for any delay or failure to perform our obligations under this Agreement resulting from a reason beyond our control.
7.2 Our inability to exercise or enforce our rights or to give any forbearance, delay or indulgence shall not be construed as a waiver of such rights under this Agreement or otherwise.
7.3 This agreement defines the entire agreement and understanding between you and us as to its purpose. Nothing in this Agreement shall imply our liability for any misrepresentation, warranty or condition made fraudulently.
7.4 This Agreement may not be amended, modified, transformed or supplemented except in writing and signed by or for you and us.
7.5 If any part of this Agreement is deemed void or unenforceable, it will be severed from the remainder of this Agreement to the extent that it will not affect the validity of the balance of the Contract, which shall remain valid and valid. enforceable according to its terms.
7.6 Nothing in this Agreement confers on a third party any benefits under the provisions of the Contracts (Third Party Rights)
7.7 This contract is governed by the laws of Belgium and is subject to the exclusive jurisdiction of the Belgian courts.
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