Warranty Terms for Services Provided by iTechs™ for Customers As part of the repair services provided to you (“Customer”), the “iTech” is providing replacement parts (“Parts”) and accessories (“Accessories”) supplied by iCracked Inc. (“Company”). Company is a third party beneficiary of iTech’s rights under your agreement with iTech respect to your use of, and rights related to, the Parts and Accessories.
We are not affiliated with Apple Inc. in any way, and iCracked and the iTech’s make no representation of any relationship, formal or informal, with Apple Inc. iPhone, iPod, and iPad are trademarks of Apple Inc. Servicing your device may void your warranty. iCracked Inc. is an Independent Service Company and is no way affiliated with Apple Inc. But, we love them.
Company warrants to you that for a period of ninety-nine (99) years from the date the Parts or Accessories are provided to you (“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 you promptly notifying 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 Parts or Accessories returns under warranty, Company will issue a Return Materials Authorization (“RMA”) number to you. You must return Parts or Accessories using proper packaging, with the RMA number clearly indicated on the outside of the box. Please contact Company at www.iCracked.com to obtain an RMA number and to initiate a return of Parts or Accessories under warranty. 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 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.
*Applicable Sales Tax may apply to parts and labor
I authorize a Certified iCracked iTechTM to perform repair work on my iOS® Device. I understand that iTechs have been trained to perform iOS® device repairs, but iCracked, its iTechs, and its affiliates are not an Authorized Service Provider (ASP) of Apple Inc., and are in no way affiliated with Apple Inc. Further, I agree to release, indemnify, and hold iCracked Inc. and the iTechs from liability for any claims or damages of any kind or description that may arise from any iOS device repair work performed on my iPhoneTM, iPadTM, or iPodTM, unless it is caused by severe negligence of the iTech, or its agent.
I understand that iCracked Inc. and/or the iTech has no liability for any data loss, which may occur as a result of work done on my iOS device. Your only remedy under this Service Waiver is to seek recovery of damages against iCracked and its affiliates in an amount not to exceed what you have paid for the repair services. I also understand that I have the option to, and I am responsible for backing up the device before allowing an iCracked iTech to work on my device in the event of any data loss and hardware or software failure.
I understand that repairs or technical support rendered by iCracked and its iTechs may void manufacturer warranties for this iOS device. iCracked and its affiliates do not assume any liability or warranty in the event that the manufacturer warranties are voided but may, at its sole discretion, offer its own warranty on the parts and/or services performed.
If any device should be lost or damaged further than the condition it was released to iCracked or the iTech in, iCracked’s liability will be limited to the cost of repair or replacement with a similar device of the affected product. iCracked’s liability for damages from any cause when it comes to repairing your product, whether it is iCracked’s or its iTech’s negligence, is limited to the cost of the repair service or a comparable replacement device. iCracked and its affiliates have no liability whatsoever for indirect or consequential damages resulting from a repair or repair attempt, including any lost or damaged data, software, or lost profits or revenue of the customer.