Repair Terms & Conditions
1. AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY AND COMPLY WITH THIS AGREEMENT BY: (I) INDICATING YOUR ACCEPTANCE VERBALLY TO GRUMPY JOES LTD; (II) PROVIDING GRUMPY JOES LTD WITH AN EMAIL REQUEST; OR (III) RETURNING YOUR PRODUCT TO GRUMPY JOES LTD FOR REPAIR. IF YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE DO NOT RETURN YOUR PRODUCT TO GRUMPY JOES LTD TO OBTAIN REPAIR SERVICES. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THE TERMS OF THIS AGREEMENT, PLEASE EMAIL email@example.com.
3. DEFINITIONS. Unless otherwise indicated “Beyond Repair” shall mean a product with extensive damage that may not be repaired or if repaired, may not operate as designed. “All OK”, “OK” or “No Fault Found” shall mean a product that is returned for repair/replacement/refurbishment that Grumpy Joes Ltd determines to be in good working order with no discernible fault or problem requiring repair, replacement or refurbishment at the time of undergoing repair services.
4. REPAIR SERVICES. Grumpy Joes Ltd, will provide You with Repair Services using new parts. Any Repair Services under this Agreement are conditioned upon the return of product to Grumpy Joes Ltd. In the event Grumpy Joes Ltd provides You with a replacement product or when the exchange of the product (or parts thereof) are provided under this Agreement, Your Repair Service invoice will indicate the replacement part and shall be subject to the conditions of sale provided by Grumpy Joes Ltd Terms and Conditions.
5. REPAIR SERVICES AND PROCESSING FEES. In the event Your product is determined by Grumpy Joes Ltd not to be covered by the Grumpy Joes Limited Warranty, You agree to pay to Grumpy Joes Ltd fees with respect to the Repair Services provided to You by Grumpy Joes Ltd. The Repair Services fee(s) payable by You to Grumpy Joes Ltd are set at £25.00 per hour and does not include replacement part costs. In connection with Your payment or preauthorisation of the fees for Repair Services, You may be asked to supply certain information relevant to such payment, including without limitation Your name, credit card number, the expiration date of Your credit card, Your credit card “security code,” and Your billing address (collectively, “Payment Information”). YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILISED IN CONNECTION WITH YOUR PAYMENT OR PREAUTHORISATION OF FEES HEREUNDER. You agree to pay all charges that may be incurred by You or on Your behalf using Your credit card, at the price(s) communicated to You by Grumpy Joes Ltd. Verification of Payment Information may be required prior to the acknowledgement or completion of Your payment or preauthorisation. By submitting or providing Your Payment Information, You grant to Grumpy Joes Ltd the right to provide such Payment Information to third parties for purposes of facilitating the processing of Your payment.
FOR CLARITY, IF YOUR PRODUCT IS RETURNED DURING THE WARRANTY PERIOD, BUT YOUR PRODUCT OR PARTS IS/ARE NOT COVERED UNDER THE TERMS AND CONDITIONS OF THE PRODUCT LIMITED WARRANTY, CHARGES MAY APPLY. FEES MAY APPLY IF, AS DETERMINED BY GRUMPY JOES LTD YOUR PRODUCT IS: (I) TO BE BEYOND REPAIR AND YOU ELECT TO HAVE A REPLACEMENT PRODUCT; OR (II) NOT TO BE COVERED UNDER THE PRODUCT(S) LIMITED WARRANTY.
6. TAXES. All Repair Service fees exclude sales and all other taxes and duties. You are responsible for sales and all other taxes and duties associated with the Repair Service. If applicable, a separate charge for taxes and duties will be shown on the invoice for Repair Services provided to You by Grumpy Joes Ltd.
7. WARRANTY. Repair Services provided for Your product will be free from defects (including any hidden defects) in materials and workmanship for a period that concludes ninety (90) days from the date the Repair Services were performed by Grumpy Joes Ltd. If non-conforming Repair Services were provided by Grumpy Joes Ltd or the replacement product is defective, Grumpy Joes Ltd may at its option: (i) service and repair Your product with new or refurbished parts; (ii) replace the defective product with a comparable new or refurbished product; or (iii) in the event it is impossible or disproportionate to repair or replace the product as provided under (i) and/or (ii), provide a proportionate refund to You of the purchase price You paid for the Repair Services if You timely and promptly notify Grumpy Joes Ltd of such defects.
8. EXCLUSIVE REMEDIES. THE WARRANTY (AS DESCRIBED IN SECTION 7) AND THE REMEDIES EXPRESSLY SET FORTH ABOVE FOR THE REPAIR SERVICES ARE YOUR EXCLUSIVE REMEDIES AND ARE IN LIEU OF ANY OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER EXPRESSED OR IMPLIED.
9. LIMITATION OF LIABILITY. ON BEHALF OF ITSELF GRUMPY JOES LTD HEREBY DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.
10. EXCLUSION OF CERTAIN DAMAGES. IN NO EVENT SHALL GRUMPY JOES LTD BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHATSOEVER, OR DAMAGE TO REPUTATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, LOSS OF ANTICIPATED SAVINGS, LOSS OF WASTED EXPENDITURE, OR OTHER PECUNIARY LOSS ARISING OUT OF THE REPAIR SERVICES, EVEN IF GRUMPY JOES LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION IS INTENDED TO APPLY AND DOES APPLY WITHOUT REGARD TO WHETHER SUCH DAMAGES ARE CLAIMED, ASSERTED OR BROUGHT IN AN ACTION OR CLAIM IN TORT OR CONTRACT, OR ON THE WARRANTY, OR UNDER ANY OTHER LAW OR FORM OF ACTION EXCEPT IN RELATION TO LIABILITY FOR DEATH OR BODILY INJURY OR STATUTORY LIABILITY FOR INTENTIONAL MISCONDUCT, FRAUD, NEGLIGENT ACTS OR OMISSIONS OR NEGLIGENT BREACHES OF MATERIAL OBLIGATIONS, FOR WHICH NO LIMIT APPLIES, THE LIABILITY OF GRUMPY JOES LTD TO YOU FOR LOSS OR DAMAGE ARISING UNDER THIS AGREEMENT SHALL NOT EXCEED THE PURCHASE PRICE YOU PAID FOR THE REPAIR SERVICES. Nothing in this Agreement shall be taken as excluding or attempting to exclude or in any way restrict any liability: (i) to the extent it would be illegal or unenforceable at law for Grumpy Joes Ltd to exclude or to attempt to exclude its liability; (ii) for negligence, fraud or fraudulent misrepresentation; or (iii) for death or bodily injury to the extent arising directly from the negligence of Grumpy Joes Ltd or that of its employees or agents. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or certain types of implied conditions or warranties, so the above exclusions and limitations may not apply to You. If any provision of this Agreement is determined to be invalid or unenforceable the remaining provisions of this Agreement shall remain in full force and effect.
11. GOVERNING LAW. This Agreement (including all non-contractual obligations) is to be construed under the laws of England and Wales or, if such is prohibited by mandatory law, in accordance with the laws applicable in your country of domicile, excluding (unless prohibited by mandatory law) any body of law governing conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its entirety from application to this Agreement.
12. DISPUTE RESOLUTION. Any disagreement or dispute arising out of, in connection with or in any way or relating to this Agreement, including the Repair Service Terms and Conditions
formation or validity thereof, shall be settled by final and binding arbitration under the exclusive jurisdiction of the courts of England and Wales for the purposes of any disagreement or dispute arising out of, or in connection with, or in any way relating to, this Agreement, including the formation or validity thereof. The Parties specifically agree that, in the event that there is a dispute under this Agreement and such dispute is to be resolved in a court of law, such dispute shall not be resolved by jury trial. The Parties hereby waive all rights to a trial by jury in any matter related to or arising from this Agreement.
13. TERM, TERMINATION, CANCELLATION. The Parties agree that the term of this Agreement shall commence upon Your acceptance of this Agreement in accordance with Section 1 and shall terminate upon: i) completion of the Repair Services by Grumpy Joes Ltd and Grumpy Joes Ltd receiving the full payment from You for any Repair Services related fees, as applicable; or (ii) Your cancellation of the Repair Services. In addition to any mandatory statutory rights applicable in Your jurisdiction, You may cancel the Repair Services for any reason. IF PRIOR TO RETURNING YOUR PRODUCTS FROM THE REPAIR SERVICE, YOU DECIDE YOU ARE UNWILLING TO AGREE TO THIS AGREEMENT, THEN CONTACT GRUMPY JOES LTD IMMEDIATELY TO ADVISE GRUMPY JOES LTD OF YOUR WISH TO NOT BE A PARTY TO THIS AGREEMENT. IN THIS INSTANCE, FAILURE BY YOU TO PAY FOR ANY COST ASSOCIATED WITH ANY REPAIR SERVICE WORK SHALL RENDER THE PRODUCT THE PROPERTY OF GRUMPY JOES LTD UNTIL SUCH TIME ALL PAYMENTS ARE SETTLED.
14. MODIFICATION. Grumpy Joes Ltd reserves the right to update or revise this Agreement from time-to-time at its own discretion, and may inform You of such updates and revisions by any reasonable means, including without limitation by posting any updates and/or revisions to Grumpy Joes Ltd website at www.grumpyjoe.co.uk or by email to the email address You provided to Grumpy Joes Ltd. You agree that You will inform Grumpy Joes Ltd of Your e-mail address or any changes to Your e-mail address for communication purposes. You agree that You will review this Agreement upon notification of the update and/or revision to ensure that You are continually aware of the Repair Services provided to You in accordance with this Agreement. Your continued use of the Repair Services following notification of such updates and/or revisions to this Agreement will constitute Your acceptance of those changes.
15. FORCE MAJEURE. Notwithstanding any other provision of this Agreement, neither Party shall be deemed in default of this Agreement for failure to fulfil its obligations when due to causes beyond its reasonable control. This provision shall not be construed as excusing non-performance of any obligation by either Party to make payment to the other Party under this Agreement.
16. MISCELLANEOUS. Waiver by Grumpy Joes Ltd of any default will not be deemed a continuing waiver of such default or a waiver of any other default. If there is any conflict between this Agreement and any documentation regarding Repair Services for Your product, the provisions of this Agreement shall be applied by Grumpy Joes Ltd to the extent of such conflict. If any term, provision or sub-section of this Agreement is held to be void, illegal or unenforceable, the validity or enforceability of the remainder of such term, provision or subsection and this Agreement will not be affected. The provisions of this Agreement that under a commercially reasonable interpretation reveals that You and Grumpy Joes Ltd likely would have such provisions survive termination or expiration of this Agreement, shall survive to the extent necessary to fulfil the purpose of such provision. Without limitation, You agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. This Agreement covers You alone and is limited to Your product. You may not transfer or assign Your rights or obligations under this Agreement. Notwithstanding the foregoing, Grumpy Joes Ltd may assign the performance of it obligations under this Agreement to third parties