Please read the Repair Terms and Conditions carefully. By submitting your items to Bob's Speedometer, you agree that these Repair Terms and Conditions will govern the repair of your items by Bob's Speedometer. If you do not agree to these terms and conditions, do not submit your items to Bob's Speedometer.
1. Repair Service. Bob's Speedometer will repair your items as described and for the estimated charges shown on the Job Invoice (unless such estimated charges are subsequently revised with your written or oral consent).
2. Subcontractors. Bob's Speedometer may subcontract with other service providers for the repair of your items.
3. Payment. Unless your items are repaired under warranty without any charge, you will promptly pay Bob's Speedometer the estimated charges identified on the Job Invoice plus any additional charges subsequently agreed to by you. Your payment is due when the item repairs are completed and ready to be returned to you by Bob's Speedometer. Unless specified otherwise, the estimated amount includes all parts, labor, any transportation required for the repair of the product, applicable taxes, and any return shipping expenses.
4. Non-Repaired Items. You may, in Bob's Speedometer sole discretion, be responsible for a diagnostic fee, plus any applicable taxes and return shipping expenses, if Bob's Speedometer inspects your items, provides an estimate for you, and you do not authorize Bob's Speedometer to undertake the repairs for the estimated charges. If Bob's Speedometer determines, while inspecting your items, that repairs are not possible due to circumstances beyond Bob's Speedometer's control, Bob's Speedometer reserves the right to return the items to you without repairing them, and may hold you responsible for any diagnostic fees, taxes, and any applicable return shipping expenses.
5. Unanticipated Labor/Parts. If the requested repairs require labor and/or parts not specified on the Job Invoice Bob's Speedometer may seek your approval to revise the estimate. If you do not agree that Bob's Speedometer may revise the charges, Bob's Speedometer may return your items and hold you responsible for any diagnostic fees, labor and parts charges for work already completed or partially completed, any applicable taxes, plus any return shipping expenses.
6. Parts. In repairing your items, Bob's Speedometer may use new, used or reconditioned parts. Bob's Speedometer will retain any replaced part as its property, and the replacement part will be your property. Replaced parts may be repairable and are exchanged or repaired by Bob's Speedometer for value. To the extent permitted by applicable law, you hereby waive any right you may have to receive any replaced parts. If applicable law requires Bob's Speedometer to return a replaced part to you, you agree to pay Bob's Speedometer the additional cost of the replacement item.
7. Disclaimer of Warranty. If Bob's Speedometer repairs your product under warranty, the repairs will be covered solely by the terms of the warranty and any applicable provisions of law. If your product is repaired outside of warranty, Bob's Speedometer warrants (1) that repairs will be performed in a competent and workmanlike manner and (2) that all parts used to repair your product will be free form defects in materials and workmanship for a period of one year (365 days), unless otherwise specified by Bob's Speedometer. If a defect exists in a replacement part during the partís warranty period as identified in the preceding sentence, in its sole discretion, Bob's Speedometer will (1) repair the part, using new, used or reconditioned parts, (2) replace the part with a new, used or reconditioned equivalent part.
8. Limitation of Liability. BOB'S SPEEDOMETER 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, BOB'S SPEEDOMETER AND THEIR OFFICERS, AGENTS, AND 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; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, OR CORRUPTION OF DATA; OR ANY COSTS OF RECOVERING, PROGRAMMING, OR RESTORING ANY PROGRAM OR DATA STORED ON YOUR ITEMS OR ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON YOUR ITEMS. BOB"S SPEEDOMETER SPECIFICALLY DOES NOT WARRANT THAT IT WILL BE ABLE TO (1) REPAIR OR REPLACE YOUR ITEMS WITHOUT RISK TO OR LOSS OF PROGRAMS OR DATA, OR (2) MAINTAIN THE CONFIDENTIALITY OF DATA. IF ANY ITEMS SHOULD BE DAMAGED OR LOST WHILE IN BOB"S SPEEDOMETER CUSTODY, BOB"S SPEEDOMETER'S LIABILITY WILL BE LIMITED TO THE COST OF REPAIR OR REPLACEMENT OF THE AFFECTED ITEMS. OTHERWISE BOB"S SPEEDOMETERíS LIABILITY FOR ANY AND ALL DAMAGE SHALL IN NO EVENT EXCEED THE PAYMENTS RECEIVED BY BOB'S SPEEDOMETER FOR SERVICES PROVIDED PURSUANT TO THESE TERMS. THE REMEDIES SET FORTH HEREIN SHALL BE YOUR SOLE AND EXCLUSIVE REMEDIES FOR ANY BREACH BY BOB'S SPEEDOMETER UNDER THESE TERMS AND CONDITIONS.
9. Abandoned Items. If you have not claimed your items and paid all charges due within ninety (90) days after being notified by Bob's Speedometer that your items are available to be returned to you, Bob's Speedometer will consider your items abandoned. Bob's Speedometer will provide such notice to you at the mailing address you furnished when you authorized the repairs. Bob's Speedometer may dispose of your items in accordance with applicable provisions of law, and specifically may sell your items without liability to you. Bob's Speedometer reserves its statutory and any other lawful liens for unpaid charges.
10. Complete Agreement. These Terms and Conditions are the only ones that govern Bob's Speedometerís repair of your items. No other oral or written terms or conditions apply, including any terms or conditions contained in any purchase order that you provide to Bob's Speedometer. No one has authority from Bob's Speedometer to vary any of these Terms and Conditions.
11. Personal Information. You agree and understand that it is necessary for Bob's Speedometer to collect, process and use your personal data in order to perform the service and support obligations under these Terms and Conditions.
12. Governing Law. The laws of the State of Michigan will govern this Agreement.