Terms And Conditions

Terms and Conditions - valid from January 1, 2014

Important Information for Customers:

Below are direct extracts from the full Terms and Conditions:

  • You … are entitled to a refund to the equivalent market value of your device for a major failure, and any reasonable foreseeable fiscal loss or damage. (Overview)
  • These Terms and Conditions are governed by the laws of the State of Victoria. (8, v.)
  • … you have the right to be disclosed about the key aspects to Fixspot’s specified services. (1, i.)
  • By providing your device for repair/servicing…you have made a backup copy of your data and removed any confidential, proprietary or personal information. (1, ii.)
  • Further problems with your device may mean that the previously stated quote is now deemed not contractible, and for this reason we ask you to provide us with all important information about the condition and past conditions of your device so we can best assist you as the customer. (2, ii.)
  • … Fixspot Repairs will seek your approval of the revised estimated repair cost (where applicable), and you will not be billed unfairly for any price fluctuations which have not been agreed to. (2, iii.)
  • Fixspot also reserves the right to refuse service if a team member decides your device is not as described… (2,iv.)
  • Our repair warranty covers the replacement of replaced parts which have failed under manufacturer defects and fair wear and tear… (3,i., a.)
  • Our 90 Day Warranty is valid from the time of repair upon transaction completion, but not settlement, for the period of 90 (ninety) complete calendar days. (3, i., b.)
  • Replacement parts, and warranty claims carry an explicit 30 day Warranty on their failure as denoted in Section 3, i., a. (3, i., f.)
  • You agree that you will pay for all services you agree to… (4, i.)
  • If the orginal service contract cannot be met under a warranty claim, the payment value will be refunded inclusive of any GST paid. (3,i.,e.)
  • …any product repaired is subject to the disposal of uncollected goods legislation. (6, i.)
  • All service contracts will be completed under the Terms and Conditions that govern the contract establishment. (8, ii.)

Complete Terms and Conditions:

Overview

Our repair services and products come with certain guarantees that are based on the Australian Consumer Law. You as the customer of Fixspot Repairs are entitled to a refund to the equivalent market value of your device for a major failure, and any reasonable foreseeable fiscal loss or damage.

  1. Service Terms
    1. When entering a repair/service contract with Fixspot Repairs, whether verbal or written, you agree and understand all prior information provided to you about Fixspot’s services. You also agree to all of the sections of the following Terms and Condtions. As the consumer you acknowledge that you have made all efforts possible to seek and understand important information that relates to you and your selected service, as well as accepting that you have the right to be disclosed about the key aspects to Fixspot’s specified services. Ultimately, it is your responsibility to understand all terms of services and the associated conditions of repair/warranty before entering a service contract.
    2. By providing your device for repair/servicing under our terms and conditions you agree and accept that you have either (A) you have made a backup copy of your data and removed any confidential, proprietary or personal information or (B) You have assumed the risk that such information or media may be lost, corrupted or compromised during our repair or service. You further acknowledge and agree that Fixspot Repairs cannot guarantee the safety, security or integrity of any data that remains on your product while it is undergoing service or repair.
    3. Fixspot Repairs is not responsible for events that are out of Fixspot Repairs reasonable control which lead to failures to complete a service, whether delayed or incomplete. Fixspot Repairs will not be held liable under these circumstances.
  2. Modifications to Service Terms
    1. Considering these Terms and Conditions, Fixspot Repairs will provide repair services of your product for the chargers quoted by the Fixspot Repairs team unless further faults with the device are unknown by our repairers at the time.
    2. Further problems with your device may mean that the previously stated quote is now deemed not contractible, and for this reason we ask you to provide us with all important information about the condition and past conditions of your device so we can best assist you as the customer. It is likely that other costs will be incurred in repairing the device to fully working order if further faults are found. However, the pre-existing contract terms should not change. If they are likely to change due to newly found device conditions, you are entitled to be informed about this by Fixspot.
    3. If the requested services require a modification to the pre-existing contract not originally known to Fixspot Repairs, Fixspot Repairs will seek your approval of the revised estimated repair cost, and you will not be billed unfairly for any price fluctuations which have not been agreed to. If you wish to not go ahead with the extra cost deemed necessary to repair your device further, you may be asked to pay a diagnostic fee, unless the service was contracted with a ‘no diagnosis fees’ agreement.
    4. Fixspot also reserves the right to refuse service if a team member decides your device is not as described upon establishment of the repair contract. The customer may be accountable for a diagnostic fee in this and similar circumstances.
  3. Warranty Terms and Conditions (including refunds)
    1. When the product is covered by an Fixspot Repairs warranty, Fixspot Repairs will perform repairs only covered under the terms of that warranty.
      1. If your product is repaired by Fixspot repairs outside of a warranty claim, Fixspot warrants that (1) All repairs will be performed in a competent and workmanlike fashion and (2) all parts used to repair your device will be free from defects in materials and workmanship for a period of ninety (90) calendar days. If either of these points are not met, you are entitled to claim our 90 Day Warranty.
      2. Our 90 Day Warranty is valid from the time of repair upon transaction completion, but not settlement, for the period of 90 (ninety) complete calendar days.
      3. Our 90 Day Warranty covers the replacement of replaced parts which have failed under manufacturer defects and fair wear and tear. Fair wear and tear does not include customer abuse and Fixspot repairs holds the right as repairer to determine which cases fall under ‘fair wear and tear’, ‘manufacturer defects and ‘customer abuse’.
      4. Repair payments cannot be refunded if the device can be repaired under the original service contract.
      5. If the original service contract cannot be met under a warranty claim, the payment value will be refunded inclusive of any GST paid.
      6. Warranties for all other hardware/software sold through Fixspot carries the original manufacturer warranty, if this can be provided by the manufacturer.
      7. If your device is repaired under warranty, the faulty replaced part becomes the property of Fixspot Repairs
      8. Replacement parts, and warranty claims carry an explicit 30 day Warranty on their failure as denoted in Section 3, i., a.
    2. Payment Terms
      1. Unless your product is repaired under warranty without charge, you will pay Fixspot Repairs the amount shown on your given invoice. You agree that you will pay for all services you agree to, and that Fixspot may charge your payment method for any products purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING FIXSPOT WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES.
      2. Your payment is due once the contracted repair/service has been completed, and in the case of repairs your device has been returned to you. Both parties must agree that the service contract has been met in full. If one party decides the contracted service has not been completed, payment should not be made. It is then Fixspot Repairs responsibility to complete the service contract, and the customer to make payment. If the service contract cannot be met and Fixspot cancels the service contract before payment is received, there is no fee to the customer.
    3. Loss/Damage of Devices
      1. If any product should be damaged or lost whilst in Fixspot Repairs custody, Fixspot Repairs liability will be limited to the current second hand value of that device. The device’s worth will be decided by Fixspot Repairs, taking into account for certain factors such as the aesthetic and functional condition of the device as a whole and also individually through its parts/components.
      2. To the extent permitted by law Fixspot Repairs cannot be found liable for any of the devices data loss, consequential damages, indirect, exemplary and loss of profits (as outlined in our Privacy Policy). Also to the extent permitted by law Fixspot Repairs has no liability for the loss or damage of software applications and/or data.
      3. The repair of your goods may result in the loss of data. Fixspot Repairs is not liable for any loss of software, data stored, residing or recorded in your product. Including removable data, confidential personal or proprietary information. By providing your product under our terms and conditions you agree and accept that you have either (A) you have made a backup copy of your data and removed any confidential, proprietary or personal information or (B) You have assumed the risk that such information or media may be lost, corrupted or compromised during our repair or service. You further acknowledge and agree that Fixspot Repairs cannot guarantee the safety, security or integrity of any data that remains on your product while it is undergoing service or repair.
    4. Unclaimed Goods
      1. It is a condition of Fixspot Repairs that any product repaired is subject to the disposal of uncollected goods legislation. This legislation allows Fixspot Repairs the right of sale exercisable in certain circumstances. If your product remains unclaimed, Fixspot Repairs reserves the right under law to dispose of that product in whichever way Fixspot deems fit. This includes the sale of your device with no fiscal compensation to the original owner.
    5. Required Software Installation
      1. If the repair service involves transferring information or installing software, you agree that any Fixspot team member has the need to copy the required information and agree to the terms of the software being installed in order to complete the agreed service contract. You hereby authorize Fixspot Repairs to transfer information and install required software and accept such terms on your behalf in performing the service.
    6. Changes to the Above Terms and Conditions
      1. Fixspot repairs holds the right to change the above Terms and Conditions at any time, and it your responsibility to check you have read the most recent revision.
      2. All service contracts will be completed under the Terms and Conditions that governed the contract establishment.
      3. Any revision to the Document only affect future service contracts.
      4. These Terms and Conditions are governed by the laws of the State of Victoria.
      5. These Terms and Conditions are the only ones that govern Fixspot Repair’s product or services. Except otherwise stated by these terms and conditions or by a Fixspot repairs team member, no other oral or written terms or conditions apply.
      6. No one has the authority from Fixspot Repairs to change any of these Terms and Conditions without authorization by management and appropriate notice to the customer.