Agreement for repair
The terms set out in these Conditions of Repair (“Agreement”) shall apply to the service we provide to repair your faulty device (“Equipment”) .
Reference to “us”, “we” and “our” refer to Teqrepair and references to “you” and “your” are references to you, the person addressed on this form.
2. All repairs (unless otherwise stated)
2.1 This Agreement shall commence from the date we receive the faulty device and shall continue until we have repaired or otherwise returned your Equipment (“Services”), whichever is sooner, and received any payment due from you.
2.2 We shall make all reasonable efforts to repair your ‘Equipment’ subject to the availability of any parts required and/or the terms of any relevant guarantee or warranty. We shall perform the Services using our reasonable care and skill.
2.3 Acceptance of a quotation may be given in writing, verbally in person or via telephone, facsimile or electronic mail. Teqrepair reserves the right not to commence any recovery or conversion work until approval is given.
2.4 Any time estimate for completion of the Service which may be given to you is an estimate only and does not form any obligation under the terms of this Agreement.
2.5 We shall notify you when the ‘Equipment’ has been repaired and is available for collection. If you do not collect the ‘Equipment’ within a reasonable period, we may dispose of the ‘Equipment’. Any sum obtained on disposal will be used to meet any unpaid estimate or repair charges you are liable to pay and any remaining balance will be sent to you or will remain payable by you accordingly.
2.6 If we are unable to complete the ‘Service’ for any reason, or the ‘Service’ will incur further costs payable by you, we will notify you immediately.
2.7 Our out of warranty/chargeable repairs are guaranteed for 90 days from the date the Equipment is ready for collection. If the same fault should re-occur we will repair if free of charge.
If the Equipment develops an additional fault unrelated to the original repair, the repair warranty contained in this paragraph will not apply. All warranty repairs are subject to manufacturers warranty dates.
2.8 We may in certain circumstances send your ‘Equipment’ to another repair centre and sub-contract the repair work to a third party.
2.9 All charges will be subject to government taxes or duties as applicable.
3. Additional terms for warranty repairs
3.1 Where repair is to be carried out under a relevant guarantee or warranty, we may ask you to provide sufficient proof of any guarantee or warranty.
3.2 If your Equipment is beyond economic repair, we may at our absolute discretion replace your Equipment with a suitable equivalent rather than carry out repair works.
3.3 If the nature of the repair falls outside the terms of your warranty or guarantee, then you may incur a charge for the repair under the terms as set in clause 4. We will endeavour to notify you of any such charge prior to undertaking any work.
3.4 If you provide misinformation to Mobile Phone Repairs Coventry regarding the age of your device, resulting in an expired warranty, Mobile Phone Repairs may charge a £15.00 diagnosis fee.
4. Additional terms for chargeable repairs
4.1 If the repair to your ‘Equipment’ is not covered by a guarantee or warranty or the nature of the repair is beyond any terms of your guarantee or warranty we will charge you for the repair in accordance with the terms of this ‘Agreement’.
4.2 The cost of repair will be calculated where possible in accordance with our standard charges as published from time to time.
4.3 The cost of repair may not fall within our standard charges where the ‘Equipment’ is not generally supported by us, ‘Equipment’ repairs are sub-contracted or the nature of repair is not within our standard rates of repair.
In this event, we will provide you with an estimate of the cost of repair and we will not repair the ‘Equipment’ until we have received your acceptance of that estimate.
4.4 If we are unable to repair your Equipment, no fault is found on your Equipment or you do not accept our estimate, we will return your Equipment to you unrepaired and we reserve the right to charge you an inspection fee in accordance with our standard charges.
4.5 We may keep your Equipment until all charges payable have been paid. [We may also charge an additional fee for storage of your Equipment.]
5. Liability
5.1 Our entire liability in respect of any single cause of action arising out of or in connection with this ‘Agreement’ or its subject matter (whether for breach of contract, tort, including negligence, statute or otherwise at all) shall be limited, to the extent that the cause of action related to our supply of the ‘Services’, at our option to:
(a) supplying the ‘Services’ again;
(b) payment of the cost of having the ‘Services’ supplied again; or
(c) repaying to you any amount that you have paid in respect of the ‘Service’s.
5.2 If, through our negligence or wilful misconduct, we damage the ‘Equipment’ beyond economical repair, our liability will be limited to the cost of providing a replacement with a product that is the same as or similar to the ‘Equipment’.
5.3 Any data or information that you may have stored on the ‘Equipment’ shall remain your sole responsibility and we accept no liability for loss or corruption of such data howsoever caused. It is your responsibility to keep a record of any such 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 terms implied by statute.
(c) any claim arising under the Consumer Protection Act 1987. or
(d) fraudulent misrepresentation.
5.5 In no circumstance shall we be liable to you for any indirect, special or consequential loss arising out of or in connection with this ‘Agreement’, including any loss of business, revenue, profits, anticipated savings, goodwill or any other indirect or consequential loss or damage howsoever arising.
5.6 Except as expressly provided in this ‘Agreement’, all representations, conditions and warranties, whether express or implied (by statute or otherwise) are excluded to the fullest extent permitted by law.
5.7 We shall not be liable for any claim arising under this ‘Agreement’ unless you give us written notice of the claim within three (3) months of becoming aware of the circumstances giving rise to the claim or, if earlier, three (3) months from the time you ought reasonably to have become aware of such circumstances.
6. Data Protection
6.1 We ask for your name and address and the other details set out overleaf (“Personal Information”) so that we can notify you when your Equipment has been repaired and so we can give you an efficient after-sales service.
7. General
7.1 We shall not be liable to you for any delay in or failure of performance of our obligations under this ‘Agreement’ arising from any reason beyond our reasonable control.
7.2 Our failure to exercise or enforce our rights or the giving of any forbearance, delay or indulgence, will not be construed as a waiver of such rights under this ‘Agreement’ or otherwise.
7.3 This ‘Agreement’ sets out the entire agreement and understanding between you and us in connection with its subject matter. Nothing in this Agreement shall effect our liability in respect of any misrepresentation, warranty or condition that is made fraudulently.
7.4 This ‘Agreement’ may not be amended, modified, varied or supplemented except in writing signed by or on behalf of you and us.
7.5 If any part of this ‘Agreement’ is found to be void or unenforceable it will be severed from the rest of this ‘Agreement’ so that it is effective to the extent that shall not effect the validity of the balance of the ‘Agreement’, which shall remain valid and enforceable according to its terms.
7.6 Nothing in this ‘Agreement’ shall confer on any third party any benefits under the provisions of the ‘Contracts (Rights of Third Parties) Act 1999’.
7.7 This ‘Agreement’ shall be governed by the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English Courts.
General Information
In these terms and conditions, references to “Data Recovery Specialists” relates to Teqrepair, affiliate partners of Fields Data Recovery. The term “Client” or “Customer” relates to any person, firm, company or any other party that sends media to Teqrepair for diagnostics or data recovery, conversion or forensic interrogation.
The word “Full” or phrase “Full Recovery”, when used in relation to the process of data recovery or the amount of data recovered relates solely to the amount of data that has been able to be recovered from the media and not to the amount of data originally contained on the media.
2.Diagnostic, Recovery and Response
2.1 As part of its diagnostic process, Teqrepair agrees to use its best commercial knowledge and expertise to determine the probability of and, where possible, the volume of recoverable data from the client’s media.
2.2 As part of its recovery process, Teqrepair will endeavour to retrieve or replicate the maximum amount of data from the client’s media.
2.3 Teqrepair’s days of business are defined as Monday to Friday, excluding any public holiday. Business hours are defined as 9.00AM to 5.30PM. Teqrepair may be provided outside of these hours. Any diagnostic and/or recovery services provided outside of these hours shall be carried out at an agreed rate on a case-by-case basis.
2.4 Teqrepair will use all reasonable endeavours to achieve reasonable response times. However, unless otherwise agreed, failure to achieve any response times is not a contractual obligation.
3. Estimates, Quotations and Payments
3.1 All Fixed Price Quotations offered by Teqrepair are valid for a period of seven days, unless otherwise agreed. After this period the quotation may alter without notification.
3.2 All charges will be subject to government taxes or duties as applicable.
3.3 Acceptance of a quotation may be given in writing, verbally in person or via telephone, facsimile or electronic mail. Teqrepair reserves the right not to commence any recovery or conversion work until approval is given.
3.4 In the event that the client decides not to proceed with the recovery of data, after approval has been given, Teqrepair reserves the right to charge the client for any work and / or parts used to date. This charge is at the discretion of Teqrepair and may be equal to, but not exceed, the total approved amount for the recovery process.
3.5 The client understands that payment is due in full upon completion of the data recovery process and prior to the release of data and/or original media (whether shipped, picked up or downloaded), unless otherwise agreed. Payment can be made via company or personal cheque, cash or bank transfers. On occasions Teqrepair may reserve the right to demand that any payment be cleared in full before the data is released to the client.
4. Confidentiality
4.1 As part of its confidentiality policy, Teqrepair agrees not to disclose any/all information or data files supplied with, stored on, or recovered from client equipment except to employees, agents or affiliates of Teqrepair subject to confidentiality agreements or as required by law, without the consent of the client. Teqrepair will use any information contained in the data, media and/or equipment provided to Teqrepair by Customer (“Customer Information”) only for the purpose of fulfilling the Engagement and in accordance with the Data Protection Act, and will otherwise hold such Customer Information in the strictest confidence.
4.2 Teqrepair agrees to only use authorised data recovery engineers, and that all media supplied to Teqrepair will be stored in a secure manner at one of its, or it’s affilaites premises. The client understands that the location of storage may not be the same as the location to which the media was originally shipped.
4.3 All data recovered from a client’s media is stored on secure severs in accordance with the Data Protection Act 1998. Any Confidential Information disclosed by Customer under this agreement will remain the owner’s sole property, and Teqrepair shall employ reasonable measures to prevent the unauthorised use of Customer Information, which measures shall not be less than those measures employed by Teqrepair in protecting its own confidential information.
4.4 Teqrepair will not disclose Confidential Information except to employees or consultants reasonably requiring such information (and who have secrecy obligations to Teqrepair) and not to any other party except as required by law. Teqrepair will employ appropriate technical and organisational measures to safeguard any Customer Information, including personal data, and will act only on the instruction of the Customer with respect to such information.
4.5 All data will be securely destroyed by Teqrepair or their affiliates on successful project completion. Destruction includes multi-pass degaussing to eliminate a remnant magnetic field followed by granulation and/or puncturing of platters of any unwanted media in accordance with European Standard EN 15713:2009 relating to the management and control of collecting, transporting and destroying confidential material. Media will be stored in a vault that meets EN 1047-1 / NT FIRE 017 standards when not being read, analysed, or processed.
4.6 All third parties or Group entities (parent co and affiliates), will adhere to the confidentiality duty included in this agreement.
5. Diagnostics and Recovery Processes
5.1 All diagnostic reports are provided to the client via telephone or electronic mail, unless otherwise agreed by a representative of Teqrepair.
5.2 Due to the nature of data recovery and conversion, our technicians may be required to carry out physical work on the media/data/equipment made available to Teqrepair. Therefore, the client acknowledges that;
(a) the media/data/equipment may already be damaged or corrupted.
(b) data recovery efforts may result in further damage to the media/data/equipment
(c) the media/data/equipment warranties may become void.
(d) Teqrepair is not responsible for this or any other type of damage.
5.3 The client is aware that on occasions, Teqrepair may be required to use additional media to continue with the diagnostic phase and/or carry out its recovery efforts. Examples of this include, but are not limited to, spare parts for disk drives and specific adaptors or connectors. Teqrepair reserves the right to charge the client for such additional media at a prior agreed cost.
If after payment has been made, data is subsequently deemed unrecoverable by Teqrepair engineers and another data recovery company provides a different assessment, we will refund this prior agreed cost in full.
5.4 On rare occasions, Teqrepair may require the client to cover some of the cost of attempting the recovery or conversion. This request will only apply when the recovery or conversion is complex or when severe damage has occurred and only as a no-obligation, fixed price quotation, and is not offered as part of Teqrepair’s “no recovery, no fee” service.
Please note that this charge, as with all charges made by Teqrepair, is not obligatory and the client is under no way obliged to proceed. Where the client has paid to cover some of the cost of attempting the recovery upfront and the data is subsequently deemed unrecoverable by our engineers, we will refund the cost should another data recovery company provide a different assessment to ours.
5.5 The client understands that due to the complex nature of data recovery, it is not always possible to recover or convert all the information from the client’s media.
Teqrepair makes no provisions for the completeness, relevance or importance of the data recovered for the client unless otherwise agreed in writing by Teqrepair and the client.
6. Performance, Delivery & Carriage
6.1 Teqrepair agrees to return all recovered data on suitable media. Examples of this include, but are not limited to, CD-ROM, DVD-r, flash memory, FTP or a replacement hard drive.
6.2 The client must pay an agreed amount for any replacement media and this amount is in addition to the costs agreed for the data recovery service unless otherwise agreed in writing by a representative of Teqrepair.
6.3 Teqrepair holds no responsibility for delays caused as a result of the postal network. In these circumstances no compensation will be given for loss of profits, inconvenience etc., unless previously agreed by Teqrepair.
6.4 The client agrees to inspect or to procure to inspect the goods delivered at the earliest opportunity after delivery or attempted delivery and in any event within five calendar days of delivery or attempted delivery.
Any claims for shortfall in delivery of goods, or claims that the goods do not comply with the order agreed with Teqrepair, must be notified in writing within seven calendar days of delivery. Claims made outside of this time period may only be resolved at the discretion of Teqrepair.
6.5 Teqrepair will retain a copy of your recovered data for a period of seven days from the date of dispatch. During this period Teqrepair will answer any queries concerning the recovered data and, if required, provide further copies.
On occasions, with the client’s consent, Teqrepair may retain a copy of your recovered data and/or digital image beyond this point. In circumstances such as these, Teqrepair reserves the right to charge a fee for duplicate copies of data, data storage, management and security.
6.6 The client and Teqrepair agree that the sole and exclusive remedy for any unsatisfactory work shall be at Teqrepair’s discretion. Teqrepair reserves the right to either (a) try additional attempts by Teqrepair’s engineer to remedy any unsatisfactory work, or (b) to refund the amount paid by the client in full or part.
6.7 The client understands that Teqrepair does not offer any guarantees or warranties of any kind and that the extent of any Teqrepair’s liability to the client is strictly limited to the fees you pay Teqrepair for its data recovery service.
6.8 Whilst we will use our best endeavours to recover the client’s data , the client understands that any prior agreed insurance offered by Teqrepair will only cover the cost of replacement media and not data thereon, or subsequent consequential losses.
7. Data Integrity
7.1 The client accepts that Teqrepair will not examine the contents of any file contained on the media supplied to them.
7.2 Teqrepair gives an integrity percentage of any data recovered. This is an estimate only and is derived using specialist software that performs a file signature verification process. This is where the recovered files signatures are matched against their extension. This process does not guarantee the level of integrity and may vary depending on various factors including, but not limited to, the file type and whether or not it is encrypted. The percentage given is a estimate only.
7.3 Teqrepair accepts no responsibility or liability whatsoever for the contents, integrity, functionality, corruption or usefulness of the data recovered.
7.4 Whilst every effort is made to recover as much data as possible from any media received and any specific files requested by the client the recovery process is such that it is not specific and the sale of data is generic and based purely on the amount of data recovered and the labour in recovering that data.
Therefore, should the client wish to know what files have been recovered they should request a file list from their account manager in writing or by email. This is the client’s responsibility and a file list will not be provided unless requested from Teqrepair in writing or by email by the client. The file list shows the files recovered. Teqrepair gives no guarantee as to the integrity of the data shown on the file list or any other data recovered.
8. Legality
8.1 The client agrees that all media and its content provided to Teqrepair is legal and the lawful possession of the client and that the client has the legal right to request data recovery services, as described under the Laws of England and Wales.
Promotion Code
Codes may apply to specific time frames/products/order values, please refer to issuer’s paperwork/website for full details
Promotion codes are subject to withdrawal without notice
Only one promotion code can be used in any one transaction, the highest value will be applied
Promotion Codes do not apply to Grade 1/Brand new products unless specifically stated
Clearance products are not subject to any further discounts
Corporate and returning customer promotion codes only apply to orders over £100 INC VAT
Right to Cancel/Returns
All cancellations in writing/email to customer@teqrepair.com
When to cancel: We reserve the right to cancel any order for any reason; in this event you will be contacted via email and where funds have been taken they will be refunded immediately
Consumer customers: you have the right to cancel your order – this period ends on the expiry of the period of fourteen working days beginning with the day after the day on which you received the goods, you are respsonsible for the cost of returning any items
Business customers: once you have accepted/signed for your delivery you are no longer able to cancel your order
Goods purchased for personal use: Refunds will only be made back to the card/payment method originally used
You have the right to change your mind within fourteen working days of receipt of your order as in accordance with the Consumer Rights Act providing you notify us in writing. If you wish to change your mind and return your goods you are responsible for the cost of returning the goods.
Refunds will be completed within fourteen calendar days, however all refunds are completed as quickly as possible
The customer must return all items, accessories, cables and/or manuals that were providedTeqrepair Store reserve the right at any stage during the order process to cancel and refund an order in full, without explanation
All products and accessories must be returned as sent
Software can not be returned once any seal is broken/marked in anyway
Images
Many of the photographs used are library images and we are therefore not responsible for any colour variances or style updates
Retail product images do not guarantee brand new/retail products
Products
The specifications as advertised in product descriptions are as accurate as possible and every effort is made to ensure that information is correct; we will make every effort to ensure that any mistakes are rectified
You are wholly responsible for deciding on the suitability of the goods offered and by placing your order and/or bid you are acknowledging the goods as being suitable
When purchasing non-new equipment it is important that you read and understand the grading system and the factors affecting the price of your purchased goods, details can be found here
Warranty, Returns & Technical Support
If upon receipt of your item(s) you believe there is a fault, in the first instance please refer to your confirmation of despatch e-mail which indicates what you should do for each of the manufacturers products we supply
For Technical Support issues please also follow instructions as above
If you have an item covered by a Teqrepair Store warranty then we are unable to accept the return of goods without prior authorisation. Upon authorisation, we will e-mail you with instructions for the return of goods.
Item(s) returned without prior authorisation may be refused upon delivery
It is the buyer’s responsibility to ensure any item(s) authorised for return are sufficiently packaged. Where delivery back to Teqrepair Store is the responsibility of the buyer, we strongly recommend adequate insurance is in place.
Our warranty page with further details can be found: Teqrepair Store Warranty
