AGREEMENT FOR REPAIR
The terms set out in these Conditions of Repair (“Agreement”) shall apply to the service we provide to repair your device(s), and/or any accessories listed (“Equipment”) on the collection receipt. Reference to “us”, “we” and “our” refer to Ask Magic Mike and references to “you” and “your” are references to you, the person addressed on this form.
ALL REPAIRS (UNLESS OTHERWISE STATED)
This Agreement shall commence from the date you pass the device to an Ask Magic Mike representative and shall continue until we have repaired or otherwise returned your Equipment (“Services”), whichever is sooner, and received any payment due from you.
We shall make all reasonable efforts to repair your Equipment subject to the availability of any parts required and/or the terms of any relevant guarantee or warranty. We shall perform the Services using our reasonable care and skill.
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.
We shall notify you when the device has been repaired by phone or email and is available to return or collection. If you do not collect the Equipment within 30 days, we may dispose of the Equipment. Any sum obtained on disposal will be used to meet any unpaid estimate or repair charges you are liable to pay and any remaining balance will be payable by you accordingly.
If we are unable to complete the Service for any reason, or the Service will incur further costs payable by you, we will notify you immediately.
Our out of warranty/chargeable repairs are guaranteed for three (3) months from the date the device is returned to you from our offices or repair done on site. For liquid damaged devices, the warranty is only valid for 30 days and only relates to any parts that were fitted during the repair. If the Equipment develops an additional fault unrelated to the original repair, the repair warranty contained in this paragraph will not apply. The warranty includes the repaired part(s) only and does not include further damage to the repaired part(s). We are not liable for the postage costs of getting the device to us, but we do cover return postage for warranty repairs only.
For devices that have dents to the metal rear covers or frame surrounds (particularly iPhone front glass repairs), our technicians may need to straighten or file away small areas to ensure the correct positioning of replacement front glass/screens and to prevent any sharp edges causing injury. We make every effort to minimise the cosmetic appearance of such repairs. Generally, it is not necessary to replace the rear covers for minor dents, but if you prefer to have a cosmetically ‘perfect’ repair, we are able to fit brand new replacement rear covers for an additional charge if required.
We conduct testing both before and after repair to identify any additional faults with your device. For devices that have been given to us following accidental damage e.g. the device has been dropped or has experienced water damage, some internal components can be weakened but still appear to function normally. Whilst these weaknesses may not be evident on pre-testing, the repair process itself (by opening up the device) can sometimes cause these weakened components to develop a fault. Our technicians take great care when repairing your devices, but prevention of further damage to an already weakened component cannot be guaranteed. We will notify you of any additional repairs that may be required and will request your approval before proceeding. We are not liable if additional faults are identified as a result of the repair process itself. Whilst we make every effort to warn customers if there is potential for additional faults/complications, this cannot always be known in advance.
Mobile devices that are sold as being waterproof are originally sealed in the manufacturers’ factory with special machines and special liquid proof gaskets. When we carry out a repair on a waterproof device that involves opening and closing the device, we cannot guarantee that your device will be waterproof after the repair process has been completed. We replace all gaskets required but only the manufacturers of the device have access to the specialised equipment required. However, we always use the best possible techniques.
ADDITIONAL TERMS FOR WARRANTY REPAIRS
The three (3) month Warranty does not apply if the device has been subject to further accidental damage. For clarification, the definition for accidental damage includes (but is not limited to) cracked screens, dented frame’s or bend and any other form of drop or impact as below
- any mishandling that causes subsequent damage to the relevant device(s);
- water or other liquid damage;
- damage or faults resulting from attempted customer or third-party repairs at any time;
- software issues unrelated to the repair and/or any damage resulting from viruses or other malicious pieces of software that may have been transmitted during servicing or escaped detection; (e) any jail broken or “rooted” device;
- water proof devices, as Ask Magic Mike cannot guarantee the device(s) will remain water proof following the Repair Services;
- new damages unrelated to the original Repair Services; and/or
- any loss of data occurring as a result of the repair – customers is advised to back up all data on the device(s) to be repaired prior to the repair. Ask Magic Mike will not accept any liability for data or software which is lost, corrupted, deleted or altered during repair. You accept full responsibility for all software and data on your device(s) and Ask Magic Mike is not required to advise or remind customers of appropriate backup and other procedures.
Where repair is to be carried out under a relevant warranty, we may ask you to provide sufficient proof of any warranty, so please keep receipts supplied at the time of repair.
If the nature of the repair falls outside the terms of your warranty, then you may incur a charge for the repair. However, we will endeavour to notify you of any such charge prior to undertaking any work.
ADDITIONAL TERMS FOR CHARGEABLE REPAIRS
If the repair to your device is not covered by a warranty or the nature of the repair is beyond any terms of your warranty, we will charge you for the repair in accordance with the terms of this Agreement.
The cost of repair will be calculated where possible in accordance with our standard charges as published from time to time on our website.
The cost of repair may not fall within our standard charges where the device is not generally supported by us, device repairs are sub-contracted or the nature of repair is not within our standard rates of repair. If this is the case, we will provide you with an estimate of the cost of repair and we will not repair the Equipment until we have received your acceptance of new estimate.
If we are unable to find fault on your device or decide not to go ahead with any repairs, we will return your device to you un-repaired. Devices which are beyond economic repair we will not charge any fees and will let you know of this decision as soon as possible. We may on occasion keep your device until all charges payable have been paid.
Our entire liability in respect of any single cause of action arising out of or in connection with this Agreement or its subject matter (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 option to:
- supplying the Services again
- payment of the cost of having the Services supplied again
- repaying to you any amount that you have paid in respect of the Services.
If, through our negligence or willful misconduct, we damage the Equipment beyond economical repair, our liability will be limited to the cost of providing a replacement with a product that is the same as or similar to the Equipment.
Any data or information that you may have stored on the Equipment shall remain your sole responsibility and we accept no liability for loss or corruption of such data howsoever caused. It is your responsibility to keep a record of any such data.
Nothing in this clause shall apply so as to limit or exclude our liability for
- death or personal injury resulting from our negligence
- breach of any terms implied by statute
- any claim arising under the Consumer Guarantees Act
- 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 savings, goodwill or any other indirect or consequential loss or damage arising.
Except as expressly provided in this Agreement, all representations, conditions and warranties, whether express or implied (by statute or otherwise) are excluded to the fullest extent permitted by law.
We shall not be liable for any claim arising under this Agreement unless you give us written notice of the claim within seven (7) days of becoming aware of the circumstances giving rise to the claim or, if earlier, seven (7) days from the time you ought reasonably to have become aware of such circumstances.
We ask for your name and address and telephone number/email address, (“Personal Information”) so that we can notify you when your Equipment has been repaired and so we can give you an efficient after-sales service. We may also send you emails from time to time to alert you to new services that we provide. By signing the order form and using these Services you consent to our use of your Personal Information as described. If you do not wish to receive promotional emails at any time you should write to us at to Ask Magic Mike, 6 Church Street, Timaru Central, Timaru 7910 or email us using the contact us form here: https://askmagic.co.nz/contact-us/
If you wish to make a complaint, you may do so in the following way:
By calling on (03) 929-2837
In writing addressed to Ask Magic Mike, 6 Church Street, Timaru Central, Timaru 7910
By email – using the contact us form here: https://askmagic.co.nz/contact-us/
Proof of sending does not guarantee our receipt of your notice. You must ensure that you have received an acknowledgement from us which should be retained by you.
We shall not be liable to you for any delay in or 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. Nothing in this Agreement shall affect our liability in respect of any misrepresentation, warranty or condition that is made fraudulently.
This Agreement may not be amended, modified, varied or supplemented except in writing signed by or on behalf of you and us.
If any part of this Agreement is found to be void or unenforceable it will be severed from the rest of this Agreement so that it is effective to the extent that shall not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
Nothing in this Agreement shall confer on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999.
This Agreement shall be governed by the laws of New Zealand and shall be subject to the exclusive jurisdiction of the New Zealand Court
For customers visiting our kiosks repairs will be started immediately unless you specifically ask us to delay the repair.
If you decide to cancel your repair, it is your responsibility to pick up said phone from relevant kiosk. We will not be liable to pay for any costs you incur, i.e. travelling expenses.
If you decide to cancel repair – YOU MUST call us before we start the repair. If you do not received confirmation by a Ask Magic Mike representative that your repair has been cancelled, then these repair terms & conditions remain in effect.
Liquid Damage Service. This service is not a repair, but a thorough cleaning and inspection service. It does not guarantee that your device will be repaired, but simply that it is cleaned and fully tested. Should repairs be required e.g. replacement components, then these will be additionally charged. Once the cleaning and inspection service has been completed, the fee is non-refundable regardless of whether the device is repaired or not.
All payment has to be made prior to any repair.
A few of our repairs are non-refundable, this includes liquid damage repairs and/or liquid damage related repairs and diagnostics if you decide not to proceed with the repair.
WHAT WE DO NOT COVER
- Any subsequent damage caused to the device after the repair
- Damage resulting from misuse
- Any kind of Liquid Damage – proof of three (3) month warranty required
- Software related issues
- Faults not relating to the original repair done
- Loss of data (please backup your device before getting repaired)
- Our warranty is void if a Customer device is opened or a repair is done on the device by a different company after our repair
Please do not give any accessories unless we have requested them. We cannot be held responsible for any loss or damage to accessories whilst in our possession (SIM cards, memory cards, chargers, boxes, cases, etc).
REFUND AND RETURNS POLICY
IN ADDITION TO YOUR LEGAL RIGHTS, WE ALLOW YOU TO RETURN GOODS IF YOU SIMPLY CHANGE YOUR MIND. PLEASE RETURN THE GOODS UNUSED, UNDAMAGED AND IN UNOPENED PACKAGING, IN A SALEABLE CONDITION TO US WITH THE ORIGINAL TILL RECEIPT WITHIN 14 DAYS OF PURCHASE AND WE WILL OFFER YOU:
- A FULL REFUND TO THE VALUE OF THE ORIGINAL RECEIPT
- AN EXCHANGE OF GOODS TO THE VALUE OF THE ORIGINAL RECEIPT
- A CREDIT NOTE TO THE VALUE OF THE ORIGINAL RECEIPT
IF YOU REQUIRE FURTHER INFORMATION:
PLEASE DO NOT HESITATE TO CALL US ON (03) 929-2837 AND SPEAK TO ONE OF OUR CUSTOMER SERVICE AGENTS.
FOR FURTHER ASSISTANCE