Please read the Repair Terms and Conditions carefully. By submitting the online Repair Form (herein referred to as “the Form”) and subsequently shipping the tool described in the Form to TapeTech ProService (herein referred to as “TapeTech”) you agree that these Repair Terms and Conditions will govern the repair of your product by TapeTech. If you do not agree to these terms and conditions, do not submit the Repair Form and do not ship the tool to TapeTech.
1. Repair Service. TapeTech will repair your product as described by the Repair Package or in the estimate and for the charges shown on the Form (unless such charges are subsequently revised with your written or oral consent) plus any applicable tax. When the product is covered by warranty or an extended service contract such as ProMaintenance, TapeTech will perform repairs under the terms of such warranty or extended service, provided that you have presented satisfactory proof of the tool’s eligibility for such repairs. You will be responsible for any additional charges applicable under or beyond your tool’s warranty or extended service contract, including any applicable tax.
2. Payment. Unless the tool is repaired under warranty or extended service contract without any charge, you will pay TapeTech for the repair prior to the tool being returned to you (in the case of the tool owner) or according to TapeTech’s General Terms & Conditions (in the case of an Authorized Repair Partner). Payment includes the charges listed on the Form plus any additional charges subsequently agreed to by you or the tool owner. Unless specified otherwise, the estimated amount includes all parts, labor, any transportation required for the repair of the tool, and any applicable tax. You will be responsible for a $50.00 diagnostic fee, shipping charges to and from our facility, plus any applicable tax, if TapeTech inspects your tool, provides an estimate for you, and you do not authorize TapeTech to undertake the repairs for the estimated charges. If TapeTech determines, while inspecting your tool, that repairs are needed due to failures of parts that are not supplied by TapeTech or are needed due to damage caused by abuse, misuse or misapplications, TapeTech reserves the right to return the tool to you without repairing it, and may hold you responsible for the $50.00 diagnostic fee, shipping charges to and from our facility, plus any applicable tax.
3. Unanticipated Labor/Parts. If the requested repairs require labor and/or parts not specified as part of a published ProService Repair Package TapeTech may seek your approval to revise the estimate. If you do not agree that TapeTech may revise the charges, TapeTech may return your tool and hold you responsible for the $50.00 diagnostic fee, shipping charges to and from our facility, plus any applicable tax.
4. Disclaimer of Warranty. If TapeTech repairs your tool under warranty or extended service contract, the repairs will be covered solely by the terms of the warranty or extended service contract and any applicable provisions of law. If your tool is repaired outside of warranty, TapeTech warrants (1) that repairs will be performed in a competent and workmanlike manner and (2) that all parts used to repair your tool will be free from defects in materials and workmanship for a period of one (1) year, unless otherwise specified by TapeTech. If a defect exists in a replacement part during the part’s warranty period as identified in the preceding sentence, in its sole discretion, TapeTech will (1) repair the part, using new, used or reconditioned parts or (2) replace the part with a new, used or reconditioned equivalent part. THIS WARRANTY AND REMEDY ARE EXCLUSIVE IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESSED OR IMPLIED, WITH RESPECT TO THE REPAIR PARTS. TAPETECH SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE REPAIR PARTS, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. IF TAPETECH CANNOT LAWFULLY DISCLAIM IMPLIED WARRANTIES UNDER THIS LIMITED WARRANTY, ALL SUCH WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THE EXPRESS LIMITED WARRANTY.
5. Limitation of Liability. TAPETECH IS NOT RESPONSIBLE FOR ANY FAILURES OR DELAYS IN PERFORMING UNDER THIS AGREEMENT THAT ARE DUE TO EVENTS OUTSIDE OF ITS REASONABLE CONTROL. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW, TAPETECH AND ITS EMPLOYEES WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE PERFORMANCE OR OMISSION OF ANY REPAIR SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFIT (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF REPUTATION; LOSS OF OPPORTUNITY; LOSS OF USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL OR LOSS OF REPUTATION. IF ANY TOOL SHOULD BE DAMAGED OR LOST WHILE IN TAPETECH’S CUSTODY, TAPETECH’S LIABILITY WILL BE LIMITED TO THE COST OF REPAIR OR REPLACEMENT OF THE AFFECTED TOOL. TAPETECH’S LIABILITY FOR ANY AND ALL DAMAGE SHALL IN NO EVENT EXCEED THE PAYMENTS RECEIVED BY TAPETECH FOR SERVICES PROVIDED PURSUANT TO THESE TERMS. THE REMEDIES SET FORTH HEREIN SHALL BE YOUR SOLE AND EXCLUSIVE REMEDIES FOR ANY BREACH BY TAPETECH UNDER THESE TERMS AND CONDITIONS.
6. Abandoned Product. If TapeTech is unable to return the tool to you due to lack of payment (in the case of the tool owner) or lack of credit worthiness (in the case of an Authorized Repair Partner) within sixty (60) days after being notified by TapeTech that your tool is available to be returned to you, TapeTech will consider your tool abandoned. TapeTech will provide such notice to you at the mailing address you furnished when you authorized the repairs. TapeTech may dispose of your product in accordance with applicable provisions of law, and specifically may sell your product without liability to you. TapeTech reserves its statutory and any other lawful liens for unpaid charges.
7. Complete Agreement. These Terms and Conditions are the only ones that govern TapeTech’s repair of your tool. No other oral or written terms or conditions apply, including any terms or conditions contained in any purchase order that you provide to TapeTech. No one has authority from TapeTech to vary any of these Terms and Conditions.
8. Personal Information. You agree and understand that it is necessary for TapeTech to collect, process and use your personal data in order to perform the service and support obligations under these Terms and Conditions.
9. Governing Law. The laws of the State of Georgia will govern this Agreement.
©2014 Axia Acquisition Corporation. All Rights Reserved. Revised 05/13/2014.
