Device Repair

Terms

The terms set out in these Conditions of Repair (“Agreement”) shall apply to the service (“Service”) we provide to repair your Mobile phone, iPad, computer and/or any accessories (herein referred to as device) on the service check-in form.

Reference to “us”, “we” and “our” refers to E-MARK Device Repair Centre and references to

“you” and “your” are references to you (“Customer), the person addressed on this form.

This Agreement shall commence from the date you book a repair and shall continue until your device is fully repaired or otherwise returned, whichever is sooner, and received any payment due from you.

E-MARK shall make reasonable efforts to repair your device subject to the availability of any parts required and/or the terms of any relevant guarantee or warranty. We shall perform the service using our utmost care and skill.

We shall use genuine, OEM or High Quality Generic compatible parts for the repairs of all devices. Generic parts refer to parts which in certain instances may have been reversed engineered to a near close to the original specification.

We shall require to your device by means of passcode in order to test the device before and after the service. Should you prefer to keep this information private, we can still proceed with an appointment, but will not be able to perform a full functional check on the device until you return to the store, which can delay the provision of the service, if any adjustments need to be made.

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. At all times we will ensure to deliver on the quoted turn-around time, but in some incidences, for any reasons out of our control, this cannot always be guaranteed. Our quoted repair times start when the technician begins the repair. E-MARK will aim to return your device as soon as reasonably possible, however, any Board Level repairs (i.e. repairs to the logic board of the Device) may take at least 7 working days to be completed.

We shall notify you when the device has been repaired. If necessary, we shall send a reminder and the device will be recycled if not collected within 7 days, to cover our costs. In the unfortunate event that we are unable to fulfill the service for any reason, or the service will incur further costs payable by you beyond the initial estimate by us, we will notify you immediately via telephone and/or email. If no fault is found on your device or you do not accept our revised estimate, we will return your device to you unrepaired and we reserve the right to charge you an assessment fee in accordance with our standard charges.

We shall be entitled to keep your device until all charges payable have been paid. We may also charge an additional fee for storage of your Device.

Use of our service may void your manufacturer’s warranty. If you would like to avoid this, then please take your device directly to the manufacturer.

E-MARK device repair may install warranty seals following the repair. Any tampering of the seals will void our warranty.

Repaired devices are covered by the warranty terms outlined below:

Product Warranty Validity

LCD Screen 1-month.

Battery replacement 1-month.

Liquid Damage 1-month.

Software Repair 1-month.

Logic Board Repair 1-month.

The Warranty is linked to a specific device as identified by its unique IMEI or serial number and to a specific Customer as identified by the records on our system. However, if additional faults arise, they will not be covered under the terms of this Warranty. Furthermore, the Warranty will not cover accidental damage, nor will the cover extend should the device change ownership.

We do not accept responsibility for any progression in damage where your device has been repaired elsewhere prior to your repair at E-MARK or any issues found in your device which were not evident upon initial inspection. Furthermore, should any issues become evident, once the device is opened, we will contact you via telephone/email.

We request that customers monitor their devices post repair, as unknown issues can arise soon after treatment of certain damages, which are beyond our control.

Should your device display any further issues relating to the damage during the warranty period, we will re-assess and re-quote for the work needed.

Following repair, any water proofing resistance or face Identification cannot be guaranteed.

Liability

Our entire liability in respect of any single cause of action arising out of or in connection with this agreement (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 exclusive option to: (a) supplying the services again; (b) payment of the cost of having the services supplied again; or (c) repaying you any amount that you have paid in respect of the services.

If the damage involves work on the logic board, we will be working on a very sensitive part of your device and we can’t guarantee a fix. Due to the nature of the repair, there is always a possibility that the damage may worsen to the stage where the device is BER (beyond economical repair). In these circumstances, we will refund all payments for this repair.

If your device is damaged beyond economical repair as a direct result of a service or repair undertaken by us, you are entitled to a fully functional second device of equal value to your device, based on its model and condition as received and with the original repair issue resolved.

In order to receive a replacement device, full payment must have been received for the repair service and the relevant damaged device must be surrendered to us. In the event that the replacement device is not readily available, E-MARK will have until 15 days working days to provide you with the replacement device.

Any data or information that you may have stored on the device shall remain your sole responsibility and we accept no liability for loss or corruption of such data however caused. We therefore, highly recommend that you back up your Device onto an external drive or cloud storage prior to commissioning our Service. It is your responsibility to keep a record of any such data.

Nothing in this clause 3 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 Acts (d) fraudulent misrepresentation.

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 saving, goodwill or any other indirect or consequential loss or damage of whatsoever nature howsoever arising.

We shall not be liable for any claim arising under this Agreement unless you give us written notice of the claim within 7 days of becoming aware of the circumstances giving rise to the claim.

General

E-MARK shall not be liable to you for any delay in our failure of performance of our obligations under this Agreement arising from any reason beyond our reasonable control.

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.

This Agreement sets out the entire agreement and understanding between you and us in connection with its subject matter.

This Agreement may not be amended, modified, varied or supplemented except in writing signed by or on behalf of you and E-MARK.

If any part of this Agreement is found to be void or unenforceable it will be severed from the rest of the Agreement so that it is effective to the extent that it shall not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.

This Agreement shall be governed by the laws of Zambia and any dispute arising from the breach of this agreement shall be settled through arbitration.

Use of our repair service will void your manufacturer’s warranty.

We do not take responsibility for any progression in damage for devices that have been damaged by liquid. Although unlikely, opening the Device could set off further damage and, in some cases, may be very serious and irreparable.

If the device develops an additional fault unrelated to the original repair, the repair warranty contained will not apply. The warranty includes the repaired/replaced part(s) only and does not include further accidental or any other damages. If your device is repaired by a 3rd party after our service, your warranty will be by default be voided

We do not take responsibility for any progression in damage where your device has been repaired elsewhere prior to your repair at E-MARK. Should any issues become evident, once the device is opened, we will contact you immediately via telephone/email. [Examples of this may include missing or tempered screws.]

Contact

For further details, contact us on 0973209820

or emails us at [email protected]