Terms & Conditions
You authorize First Response Phone Repair to perform the work described in the Service Intake Form (“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 First Response Phone Repair 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 First Response Phone Repair 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 Intake Form may apply. In that case, First Response Phone Repair 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. First Response Phone Repair will not back up or restore your data, and is not responsible for any data that is lost or corrupted. First Response Phone Repair will not treat data on Your Device as confidential and disclaims any agreement with you or other obligation to do so
First Response Phone Repair Responsibilities & Limited Warranty
First Response Phone Repair may, at its 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 LIFETIME. 30 days warranty on special orders/out of stock parts and batteries. All other repaired/replaced devices will be warranted for a period of one hundred LIFETIME. If Your Device should malfunction, it must be returned to the First Response Phone Repair store or service center for evaluation, and all costs of shipping shall be borne solely by the purchaser. First Response Phone Repair customer service department will diagnose the repair upon receipt. Upon examination by First Response Phone Repair, if Your Device is found to be defective due to the part purchased from First Response Phone Repair, 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 First Response Phone Repair, use of any other product other than First Response Phone Repair 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 First Response Phone Repair control. Software warranty applies to factory restores, backups, jailbreaks, unlocks, and applies to computers, laptops, cellular phones, etc. The warranty is VOID if 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 the Device. First Response Phone Repair employees reserve the right to VOID its warranty if any improper software installations or modifications or upgrade have been made after 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 First Response Phone Repair, 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 First Response Phone Repair, 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, First Response Phone Repair will be responsible to the extent provided under applicable law for the physical safekeeping of Your Device while in First Response Phone Repair possession for service. If Your Device is lost or damaged while it is in First Response Phone Repair possession for service, First Response Phone Repair will repair Your Device or replace it with an equivalent device, which at First Response Phone Repair 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 First Response Phone Repair 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 FIRST RESPONSE PHONE REPAIR RESPONSIBILITIES, AND THE EXCLUSIVE REMEDY REGARDING WORK PERFORMED OR PARTS SUPPLIED BY FIRST RESPONSE PHONE REPAIR IN CONNECTION WITH THE SERVICE ON YOUR DEVICE. ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THE LIMITED WARRANTY. IN NO EVENT SHALL FIRST RESPONSE PHONE REPAIR 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 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 First Response Phone Repair regarding the Service.
You understand and agree First Response Phone Repair will collect Meta – Data logs during diagnostic evaluation to improve overall future functionality of diagnostic tool and symptom evaluation in the repair process. The data collected will be used solely by First Response Phone Repair to enhance and improve this process, may be shared with First Response Phone Repair 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 New York, without reference to its choice of laws principle; ALL DISPUTES WITH FIRST RESPONSE PHONE REPAIR ARISING IN ANY WAY FROM THE SERVICE, INCLUDING THE ISSUE OF ARBITRARILY, 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 arbitration shall be in Sacramento , CA. 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 First Response Phone Repair employees, representatives and affiliates if any such claim arises from the Service.
You may opt out of this dispute resolution procedure by providing notice to First Response Phone Repair no later than 30 calendar days from the date of this Service Authorization. To opt out, you must send notice by email to [email protected], with the subject line: “Arbitration Opt Out.” You must include in the opt out email (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). 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 you provide on this form (such as an e-mail or mailing address) will be used only to fulfill the service you have requested; First Response Phone Repair will not sell, rent, or otherwise disclose such information (except as needed to First Response Phone Repair service vendors) without your prior approval.