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TERMS OF SERVICE AGREEMENT:
(1) APPLICABILITY: These Terms, together with the applicable Device Pitstop (“DP”) Warranty Plan to which they are attached (“Plan”), are the only terms governing the sale of goods and performance of services by DP to purchaser (“Purchaser”). These Terms, together with the Plan, may collectively be referred to as the “Agreement” and constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all prior oral or written understandings.
(2) WHAT IS COVERED: In consideration of Purchaser’s payment of the monthly Plan price, Purchaser shall have the option to purchase repair services (the “Covered Repair Services”) at the reduced repair fee subject to the following conditions; (1) the issuing DP store will furnish labor and replacement parts, or pay for same, necessary to maintain the device(s) specified in the Plan (the “Device”) in operating condition throughout the term of this Agreement, provided such goods or services are necessitated by Device failure during normal usage; (2) each DP store may, in its sole discretion, determine whether parts will be replaced or repaired or whether to issue store credit or do a like-kind exchange for the fair market value of the Device; (3) the limit of liability of DP under this Agreement shall be the actual trade-in value of the Device in operating condition at the time of the repair; (4) there is no limit on the number of repairs that can be performed on the Device under this Agreement for hardware and software issues; (5) all other repairs are limited to two repairs every six months; (6) under most circumstances, service will be provided at the DP location from which the Plan was purchased; (7) the period of liability under this Agreement for DP, excluding all major component(s), will commence upon expiration of the manufacturers’ and/or store’s general parts and labor warranty; (8) if Purchaser purchases software coverage in addition to a general hardware repair plan, then the operating system software will be covered, in addition to the hardware coverage. In order to obtain service under this Agreement, all warranty stickers must be sealed, with no warranty stickers broken or peeled. DP warrants that it will perform any services under this Agreement in a professional and workmanlike manner, consistent with generally recognized industry standards for similar services.
THE FOREGOING OBLIGATIONS ARE IN LIEU OF ALL OTHER WARRANTIES, LIABILITIES AND OBLIGATIONS, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, OF FITNESS FORA PARTICULAR PURPOSE OR OTHERWISE, EXPRESSED OR IMPLIED IN FACT OR BY LAW, AND STATE DP’S ENTIRE AND EXCLUSIVE LIABILITY AND PURCHASER’S EXCLUSIVE REMEDY FOR ANY REPAIR IN CONNECTION WITH THE FURNISHING OF SERVICES, GOODS OR PARTS, THEIR DESIGN, SUITABILITY FOR USE, INSTALLATION OR OPERATIONS. (3) WHAT IS NOT COVERED: Damage, warping or rusting of any kind to the housing, case or frame of the Device or to any non-operating part, including any or all plastic, wood or decorative parts or any cosmetics; repair or replacement of parts normally designed to be replaced periodically by Purchaser during the life of the Device, including but not limited to charging cables; loss or damage resulting from external causes such as but not limited to, damage resulting from a collision with any object or from fire, flooding, sand, dirt, windstorm, hail, earthquake, an act of God, or damage from exposure to weather conditions, or battery leakage, theft, misuse, abuse, damage resulting from failure of, or improper use of any electrical source, or connection to other products not recommended for interconnection by the manufacturer of the Device, provided, however, that if Purchaser purchases software coverage in addition to a general hardware repair plan, then the operating system software will be covered, in addition to the hardware coverage; loss or damage resulting from the failure to provide manufacturers’ recommended maintenance, or as a result of any repairs or replacement performed outside of this Agreement; items which remain subject to the manufacturer’s warranty; delay in rendering service under this Agreement or inconvenience or loss of use during the period that the Device is at DP or otherwise awaiting parts; loss of data, files or programs; add-on items, accessories, attachments, external wiring and cabling; structural items such as chassis, buttons, knobs, handles, clips, appearance items, antennas, or jacks; and damages to computer hardware from software due to but not limited to computer viruses, malware, spyware and defective software. Products manufactured by a third party (the “Third Party Products”) may constitute, contain, be contained in, incorporated into, attached to or packaged together with the services provided under this Agreement.
DP MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY PRODUCTS, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. IN NO EVENT WILL DP BE LIABLE TO PURCHASER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES. (4) WHAT TO DO IF DEVICE(S) REQUIRES SERVICE: Contact the DP store from which the Plan was originally purchased. You will be given instructions regarding having the Device serviced. NOTE: Unauthorized repairs by third parties may void this Agreement. DP reserves the right to inspect the Device from time to time. (5)
RENEWAL, CANCELLATION, and TRANSFER: This Agreement will automatically renew on a monthly basis; provided, however, that either party may cancel, upgrade or downgrade the Plan for any reason upon 30 days’ prior written notice to the other party. To arrange for cancellation of the Plan, a change in Plan, or a transfer of a Plan, contact the DP store from which the Plan was originally purchased. (6)
MISCELLANEOUS: DP reserves the right, in its sole discretion, to change the pricing of the Plan at any time, without notice to Purchaser. No person, including any representative, employee or agent of DP, is authorized to assume on behalf of DP any liability or responsibility in addition to or different from that described in the above provisions. Any and all representations, promises, warranties, or statements that are in addition to or different from those contained in the Agreement are of no force or effect unless delivered in writing, signed by a duly-authorized representative of DP. The Agreement may not be amended or supplemented except by a written instrument executed by both parties. This Agreement will be governed by the laws of the State of Kentucky , without giving effect to any choice or conflicts of law doctrine which might otherwise be applicable.