Repair Terms & Conditions
These repair terms and conditions (“Agreement”) constitute Customer’s agreement with mac- fusion.
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Services and Products.
Services. For service orders, Mac-Fusion will service Customer’s Device (“Apple laptops, desktops, and cellular telephones”). Customer agrees to pay a deposit of $99.00 on the service order for all out-of-warranty Devices. Customer will be contacted after the diagnosis is complete and before the repair is performed with an estimate of the actual charge for the repair. Upon receiving Customer’s full deposit for the repair, Mac-Fusion will repair the Device. Estimates are not guaranteed. In the event that there is an unforeseen deviation beyond the estimated amount, every effort will be made to contact Customer and inform Customer of the revised charge and receive authorization to continue or stop work. In the event that Customer cannot be reached, work will cease until contact is established. All services/repairs are subject to California State Sales Tax.
Data Transfer Services. If Customer’s device is capable of storing software programs, data or other information (“Data”), Mac-Fusion may attempt to transfer said Data to a replacement device. During service, it is possible that Data may be lost. In such an event, Mac-Fusion will not be responsible for any loss of Data.
As part of any Data transfer service, whether or not Mac-Fusion is able to successfully transfer Data from the original device to another device, Mac-Fusion will delete any Data on the original device. Customer should maintain a separate backup copy of the contents of the device’s Data, remove all personal information that Customer wants to protect and disable all security passwords. During service, it is possible that the Data will be lost, replaced or reformatted. In such an event mac-fusion and its agents are not responsible for any loss of software programs, Data or other information contained on the device.
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Customer’s Responsibility.
It is Customer’s responsibility to backup all existing data, software, and programs, and to erase all existing Data before receiving services. Mac-fusion is not responsible for loss, recovery, or compromise of Data, programs or loss of use of equipment arising out of the services provided by mac-fusion. Customer represents that Customer’s product does not contain illegal files or data.
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3. Parts and Labor. In servicing Customer’s product, mac-fusion only uses new, Apple parts. Mac-Fusion will retain the replaced part or product that is exchanged during service as its property, and the replacement part or product will become Customer’s property.
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Abandoned Property. All Devices must be scheduled for drop off within 30 days of the service order date. Should Device(s) remain over 30 days from the service order, Device(s) will be considered abandoned and will become property of Mac-Fusion.
In the event that Customer’s product is abandoned, Mac-Fusion may dispose of Customer’s product in accordance with applicable provisions of law, and, specifically, may sell Customer’s product at a private or public sale to pay for any outstanding service performed. Mac-Fusion reserves its statutory and any other lawful liens for unpaid charges. If Customer does not move forward with Customer’s repair, or pick up Customer’s repaired device within sixty (60) days after Customer’s check-in date, Mac- Fusion will notify Customer that it considers Customer’s product to be abandoned. Mac- Fusion will send notice to the mailing address Customer furnished when Customer authorized service. Mac-Fusion reserves its statutory and any other lawful liens for unpaid charges.
Disclosure of Unauthorized Modifications. During the service ordering process, Customer must notify Mac-Fusion of any unauthorized modifications, or any repairs or replacements not performed by Apple, mac-fusion, or an Apple Authorized Service Provider (“AASP”), that have been made to Customer’s product. Mac-fusion will not work on any cellular telephones that have been modified. Mac-Fusion will not be responsible for any damage to the Device that occurs during the repair process that is a result of any unauthorized modifications or repairs or replacements not performed by mac-fusion. If damage results, mac-fusion will seek Customer’s authorization for any additional costs for completing service even if the product is covered by warranty or an AppleCare service plan. If Customer declines authorization, Mac-Fusion may return Customer’s product unrepaired in the damaged condition without any responsibility.
Warranty and Limitation of Liability
Service Warranty. Apple offers a 90-Day Service Warranty on the parts mac-fusion installs. The warranty is for 90 days from the date the part is installed in the Customer’s system, based on the information provided in Apple’s Global Service Exchange. The repair must be for the same serialized product, and the same part number(s) as the original service repair.
Extended Service Agreements. Apple offers customers repair coverage options that extend beyond the term of the Apple Limited Warranty. Consult the specific coverage information directly from Apple for more information about these options. More information can be found here: https://support.apple.com/en-us/HT202696
Disclaimer of Warranty. TO THE EXTENT PERMITTED BY LAW, THE EXPRESS WARRANTIES, CONDITIONS AND REMEDIES SET OUT IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS, OBLIGATIONS AND REPRESENTATIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. TO THE
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D.
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EXTENT PERMITTED BY LAW, MAC-FUSION SPECIFICALLY DISCLAIMS AND EXCLUDES ANY AND ALL STATUTORY AND IMPLIED WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS, OBLIGATIONS AND REPRESENTATIONS RELATED TO OR ARISING IN ANY WAY OUT OF THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTIBILITY, SATISFACTORY QUALITY, CARE, SKILL OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability. IF YOU ARE A CONSUMER, YOU MAY HAVE CERTAIN ADDITIONAL RIGHTS WITH REGARD TO SERVICES AND PRODUCTS PROVIDED UNDER THIS AGREEMENT. PLEASE REFER TO CUSTOMER’S LOCAL CONSUMER AUTHORITY FOR MORE INFORMATION ABOUT CUSTOMER’S RIGHTS. MAC-FUSION DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST, CORRUPTED, OR COMPROMISED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES. EXCEPT AS EXPRESSLY PROVIDED HEREIN, MAC- FUSION WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, MAC-FUSION IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT OF CUSTOMER’S ORDER.
General.
Change Terms. Mac-fusion reserves the right to change this Agreement at any time.
Cancellation. Upon acceptance of a service order, mac-fusion will begin service. Once the service has begun, a service order may not be cancelled and Customer cannot withdraw from the contract.
Governing Law. To the extent permitted by law, all service orders received will be governed by California law without giving effect to its conflict of law provisions.
No Changes to the Agreement. No mac-fusion employee or agent has the authority to vary any of the terms and conditions governing any transaction.
Unenforceable Terms. If any of the aforementioned terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such term shall be limited
4. In the case of accidental damage to Customer’s system, including data loss caused by already existing problems in Customer’s system such as a virus, poorly configured software, hardware problems or hardware failures; Customer agree to not hold mac- fusion responsible to any of these pre-existing problems.
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or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the term, so that the terms shall remain in full force and effect.
- Waivers. Mac-fusion’s failure to insist on or enforce strict performance of this Agreement shall not be construed as a waiver by mac-fusion of any provision or any right it has to enforce these policies, nor shall any course of conduct between mac-fusion and Customer or any other party be deemed to modify any provision of these terms.
- Complete Agreement; Force Majeure. This Agreement governs service transactions accepted by mac-fusion. No other oral or written terms or conditions apply. Mac-fusion does not authorize any variance or modification of this Agreement. Mac-fusion is not responsible for any failures or delays in performing service or a replacement product that are due to events outside mac-fusion’s reasonable control.
- Indemnification.
Customer agrees to indemnify and hold mac-fusion harmless from all claims, losses, expenses, and/or fees including attorney fees, costs, and judgments that may be asserted against mac-fusion for any reason.
NOTICES TO CALIFORNIA CONSUMERS ONLY
An estimate for repairs, as required (section 9844 of the California Business and Professions Code), shall be given to the customer by the service dealer in writing. The service dealer may not charge for work done or parts supplied in excess of the estimate without the prior consent of the customer. Where provided in writing the service dealer may charge a reasonable fee for services provided in determining the nature of the malfunction in preparation of a written estimate for repair. For information, contact the Bureau of Electronic and Appliance Repair, Department of Consumer Affairs, Sacramento, CA 95814, U.S.
A buyer of this product in California has the right to have this product serviced and repaired during the warranty period. The warranty period will be extended for the number of whole days that the product has been out of the buyer’s hands for warranty repairs. If a defect exists during the warranty period, the warranty will not expire until the defect has been fixed. The warranty period also will be extended if the warranty repairs have not been performed due to delays caused by circumstances beyond the control of the buyer, or if the warranty repairs did not remedy the defect and the buyer notifies the manufacturer or seller of the failure of the repairs within 60 days after they were completed. If, after a reasonable number of attempts, the defect has not been fixed, the buyer may return this product for a replacement or a refund subject, in either case, to deduction of a reasonable charge for usage. The time extension does not affect the protection or remedies the buyer has under other laws.