As part of the repair services provided to the Customer (“You”), the “iTech” or the iCracked Mail In Repair Department is providing replacement parts (“Parts”) and accessories (“Accessories”) supplied by iCracked Inc. (“Company”). Company is a third party obligor of iTech’s service obligations to you under your agreement with iTech, regarding your use of, and rights related to, the Parts and Accessories.
- Company warrants to you that from the date the Parts or Accessories are provided to you and for the lifetime of your device so long as you remain the owner (“Warranty Period”), each Part and Accessory provided to you under this Agreement will be materially free of manufacturing defects. Company’s sole obligation, and your sole remedy, under this warranty is limited to, at Company’s sole discretion, repair or replacement of the defective Part or Accessory. This warranty is non-transferable.
- Company’s obligations under this warranty are conditioned on your prompt notification to both iTech and Company of any warranty claim and complying with Company’s then-current warranty procedures provided to you. This warranty specifically excludes (i) any Part or Accessory that was altered, repaired, or modified by a party other than Company without Company’s prior written consent; (ii) any defects, damage or errors that (1) occurred after shipping by Company, (2) were the result of improper testing, installation, storage, mishandling, abuse, misuse, accident or causes other than ordinary use of the Part or Accessory, or (3) use of the Part or Accessory in conjunction with another product which is incompatible, or of an inferior quality; (iii) warranty claims by any individual other than you, or warranty claims after the Warranty Period; and (iv) any warranty claim for which Company determines that there is no defect in the returned Part or Accessory.
- For repair-related warranty claims, Company will issue a Return Materials Authorization (“RMA”) shipping label to you through the Site. You must return the device using proper packaging, with the RMA label on the outside of the box. You must comply with the additional warranty and return procedures provided to you by Company. You assume risk of loss or damage to any Part or Accessory returned to Company for repair or replacement until delivery to Company.
- EXCEPT AS EXPRESSLY SET FORTH HEREIN, NEITHER ITECH, COMPANY, NOR THEIR SUPPLIERS OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE PARTS OR ACCESSORIES. ALL PARTS AND ACCESSORIES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED. No advice or information, whether oral or written, obtained by you from iTech or otherwise will create any warranty, representation or guarantee by Company not expressly stated herein.
Limitation of Liability
NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, COMPANY WILL NOT BE RESPONSIBLE OR LIABLE TO YOU UNDER ANY CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY FOR ANY DAMAGES RELATED TO YOUR USE OF THE PARTS OR SERVICES, INCLUDING WITHOUT LIMITATION (A) FOR ERROR OR INTERRUPTION OF USE, LOSS OR CORRUPTION OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES OR FOR LOSS OF PROFITS; OR (C) FOR ANY AMOUNTS THAT ARE IN EXCESS OF THE TOTAL AMOUNTS PAID BY YOU FOR THE PART OR ACCESSORY FROM WHICH SUCH DAMAGE AROSE. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, AND Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.