Terms and Conditions

Repair Terms and Conditions

IMPORTANT: THESE REPAIR TERMS AND CONDITIONS (“AGREEMENT”) CONSTITUTE YOUR AGREEMENT WITH UTL AND WILL APPLY TO YOUR ORDER IF THE SERVICE IS OUTSIDE THE TERMS OF APPLE’S LIMITED WARRANTY, AN APPLE ADMINISTERED EXTENDED SERVICE CONTRACT OR YOUR STATUTORY CONSUMER RIGHTS. 

CONSUMER LAW: FOR CONSUMERS WHO ARE COVERED BY CONSUMER PROTECTION LAWS OR REGULATIONS IN THEIR COUNTRY OF RESIDENCE, THE BENEFITS CONFERRED BY THIS AGREEMENT ARE IN ADDITION TO ALL RIGHTS AND REMEDIES CONVEYED BY SUCH CONSUMER PROTECTION LAWS AND REGULATIONS AND YOU SHOULD CONSULT THE CITIZENS ADVICE SERVICE IN YOUR COUNTRY OF RESIDENCE FOR FURTHER INFORMATION ON THESE RIGHTS.

1.       Services and Products.

 

1.1       Services.

For service orders, UTL will service your product as described to you for the estimated charges stated, unless such charges are revised with your prior oral or written consent. Unless otherwise stated, Unipart Logistics will provide repair or replacement services to address a defect in the materials or workmanship of a product. Service is not available for issues caused by the failure of or incompatibilities with any software or data residing or recorded on your product.

1.2       Data Transfer Services.

If your Apple Mac product is capable of storing software programs, data or other information (“Data”), UTL may attempt to transfer said Data to a replacement device. During service, it is possible that Data may be lost. In such an event, UTL will not be responsible for any loss of Data.

(a)          As part of any Data transfer service, whether or not UTL is able to successfully transfer Data from the original device to the replacement device, UTL will delete any Data on the original device. You should maintain a separate backup copy of the contents of the device’s Data, remove all personal information that you want 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 UTL and its agents are not responsible for any loss of software programs, Data or other information contained on the device.

(b)          Data transfer service will involve the transfer of Data directly from the original device to the replacement device or to a compatible external data storage device you provide. UTL will not store a copy of the Data as part of any Data transfer service.

1.3       Parts and Labour.

 

UTL may provide both parts and labour, but may direct that you replace certain readily installable parts yourself, as described below. In servicing your product, UTL may use parts or products that are new or refurbished and equivalent to new in performance and reliability. UTL will retain the replaced part or product that is exchanged during service as its property, and the replacement part or product will become your property. Replaced parts and products are generally repairable and are exchanged or repaired by Apple for value. If applicable law requires UTL to return a replaced item to you, you agree to pay UTL the retail cost of the replacement item and shipping.

1.4       End Users Only.

UTL services, sells and ships products to end user customers only. You may not purchase for resale. UTL reserves the right to refuse or cancel your order if UTL suspects you are purchasing for resale.

1.5       No Sale to Minors.

Purchase under these terms is available only to those who have reached the age of majority.

1.6       Service Exclusions and Diagnostic Fee.

UTL may charge you a diagnostic fee (including shipping charges), if UTL inspects your product and determines that (i) your product does not require service, (ii) your product has failed due to or has incompatibilities with software or data residing or recorded on your product (iii) service is required due to the failure of parts that are neither supplied by Apple nor Apple-branded, (iii) additional labour or parts are required that were not specified in the original estimated charges and you do not agree to authorize service based on UTL’s revised estimated charges, or (iv) service cannot be performed because the serial number has been altered, defaced or removed or the product has failed due to accident, abuse, liquid spill or submersion, neglect, misuse (including faulty installation, repair, or maintenance by anyone other than Apple or an Apple Authorized Service Provider), unauthorized modification, extreme environment (including extreme temperature or humidity), extreme physical or electrical stress or interference, fluctuation or surges of electrical power, lightning, static electricity, fire, acts of God or other external causes (“Service Exclusions”). UTL will return your product to you without servicing it and may charge you the Diagnostic Fee.

1.7     Delivery.

UTL may provide an estimate on when a replacement product or shipping box to facilitate service will be shipped to you. Once your order has been prepared for shipment or has shipped, UTL is unable to change the shipping address. Please note that for deliveries that require a signature, if you are willing to assume the risks of your order being delivered without anyone at the delivery address, you may authorize UTL to arrange for a delivery without the need for a signature.

1.8     Customer’s Responsibility

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1.8.1

UTL will provide you with shipping and packing instructions. You will be responsible for products or parts that are lost or damaged as a result of failure to follow them.

1.8.2

It is your responsibility to backup all existing data, software, and programs, and to erase all existing data before receiving services. UTL is not responsible for loss, recovery, or compromise of data, programs or loss of use of equipment arising out of the services provided by UTL. You represent that your product does not contain illegal files or data.

1.8.3

Abandoned Property. Unless you provide alternative instructions, UTL will ship your repaired or replacement product to the mailing address you furnished when you authorized service. If your product is returned to UTL because delivery could not be completed at the address given, UTL will attempt to contact you for an alternative mailing address. If you do not provide an address at which UTL or its agent may deliver your product within sixty (60) days after the original delivery attempt, UTL will notify you that it considers your product to be abandoned. UTL will send notice to the mailing address you furnished when you authorized service. In the event that your product is abandoned, UTL may dispose of your product in accordance with applicable provisions of law, and, specifically, may sell your product at a private or public sale to pay for any outstanding service performed. UTL reserves its statutory and any other lawful liens for unpaid charges.

If you have not claimed your product and paid all charges due within sixty (60) days after being notified by UTL that your product has been repaired, UTL will set you a time period to claim the product. UTL will send such notification to you at the mailing address you furnished when you authorized the repairs. If you continue to fail to pick up your product, UTL may claim any damages from you including any costs or the storage of such product. UTL reserves its statutory and any other lawful liens for unpaid charges.

1.8.4

Information on Service. During the service ordering process you must provide a description of the issue that is affecting your product, so that UTL understands and may replicate the issue.

1.8.5

Disclosure of Unauthorized Modifications. During the service ordering process, you must notify UTL of any unauthorized modifications, or any repairs or replacements not performed by Apple or an Apple Authorized Service Provider (“AASP”), that have been made to your product. UTL will not be responsible for any damage to the product that occurs during the repair process that is a result of any unauthorized modifications or repairs or replacements not performed by Apple or an AASP. If damage results, UTL will seek your authorization for any additional costs for completing service even if the product is covered by warranty or an AppleCare service plan. If you decline authorization, UTL may return your product unrepaired in the damaged condition without any responsibility.

2.         Orders and Payment

2.1       Payment.

Terms of payment are within UTL’s sole discretion, and unless otherwise agreed to by UTL, payment details must be received prior to UTL’s acceptance of an order.

2.2       Payment Methods.

UTL allows you to make purchases or place orders (that require security for the return of the replaced part or product) using credit card, debit card or cash when applicable and acceptable in the Country where the service is provided (except in Hong Kong, Japan and Singapore), or some other prearranged payment method unless UTL has agreed to some other credit terms. When you provide UTL with your card information, UTL will obtain a pre-approval from the card company for the amount of the order, which may result in a corresponding block on your available credit while the pre-approval remains in place. UTL will not bill your credit card or process a transaction under your debit or check card until your order is processed. UTL may not be able to accept credit, or debit cards associated with a billing address outside of the country site. Debit cards may have daily spending limits that could delay the processing of your order substantially. UTL requires the credit or debit card security code for your card to protect against the unauthorized use of your credit card by other persons. The security code is an individual three or four digit number specific to your card that may be printed on the face of your card above the embossed account, or on the back of your card, on the signature panel.

2.3       Prices.

UTL endeavours to offer you competitive prices on current products and services. Your total order price will include the price of the product or service on the day of order processing. UTL reserves the right to change prices for products or services displayed at any time and particularly to correct pricing errors that appear.

2.4       Refunds.

Except as described in the Warranty and Limitation of Liability section below, UTL does not provide refunds for service orders.

3.         Warranty and Limitation of Liability.

3.1       Service Warranty.

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For all service orders, UTL warrants that (1) services performed will conform to their description for ninety (90) days from the date of service, (2) except for batteries described in the subsection below, all parts or products used in service will be free from defects in materials and workmanship for ninety (90) days from the date of service, and (3) batteries installed as part of Apple’s battery replacement service for Apple portable Mac computers will be free from defects in materials and workmanship for one year from the date of service. This warranty is an express limited warranty. If non-conforming service is provided or a defect arises in a replacement part or product during the applicable warranty period, UTL will at its option, either (a) re-perform services to conform to their description (b) repair or replace the part or product, using parts or products that are new or equivalent to new in performance and reliability, or (c) refund the sums paid to UTL for service.

3.2       Disclaimer of Warranty.

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. UTL 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 MERCHANTABILITY, SATISFACTORY QUALITY, CARE, SKILL OR FITNESS FOR A PARTICULAR PURPOSE.

3.3       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 YOUR LOCAL CONSUMER AUTHORITY FOR MORE INFORMATION ABOUT YOUR RIGHTS. IF NOT COVERED BY THESE RIGHTS, UTL 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, UTL 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, UTL IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT OF YOUR ORDER. IN CONSUMER CASES, THE LIABILITY FOR (1) PERSONAL DEATH AND INJURY AND (2) FRAUD MAY BE WIDER THAN NEGLIGENCE CAUSED LOSS AND IN SUCH CASES UTL DOES NOT SEEK TO EXCLUDE THIS LIABILITY.

3.4

Some states, provinces and jurisdictions do not allow the exclusion or limitation of incidental or consequential damages or exclusions or limitations on the duration of implied warranties or conditions, so these limitations or exclusions may not apply to you. The express limited warranty gives you specific legal rights, and you may also have other rights that vary by state, province or jurisdiction.

5.         General.

5.1       Typographical Errors.

UTL is not responsible for typographical errors. UTL reserves the right to cancel any order you have placed if there was a typographical error concerning the pricing or availability of any item you ordered when you placed the order.

5.2       Change Terms.

UTL reserves the right to change this Agreement at any time.

5.3       Cancellation.

If you are a consumer, you agree that because UTL starts service upon acceptance of your order, you may not exercise the right of withdrawal.

5.4        Product/Service Changes.

UTL may make changes to any products or services offered online, or to the applicable prices for any such products or services, at any time, without notice. The information provided online with respect to products and services may be out of date, and UTL makes no commitment to update the information provided online with respect to such products and services.

For residents of Europe: Prior to the conclusion of your contract with UTL, you will be provided with the correct information about the main characteristics of the goods or services, as well as the price and delivery costs of the goods or services including all taxes.

5.5       Access online.

UTL reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to its online pages, or to any portion of its online site, for any reason; (2) to modify or change its online pages, or any portion thereof, and any applicable policies or terms; and (3) to interrupt the operation of its online site, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

5.6       Governing Law.

The laws of the country where you ordered service or product will govern this Agreement, except as otherwise described in the Country Variation table, below.

5.7       No Changes to the Agreement.

No UTL employee or agent has the authority to vary any of the terms and conditions governing any transaction.

5.8       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 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.

5.9       Waivers.

UTL’s failure to insist on or enforce strict performance of this Agreement shall not be construed as a waiver by UTL of any provision or any right it has to enforce these policies, nor shall any course of conduct between UTL and you or any other party be deemed to modify any provision of these terms.

5.10     No Third Party Beneficiaries.

These terms shall not be interpreted or construed to confer any rights or remedies on any third parties.

5.12     Data Protection.

You agree and understand that it is necessary for UTL to collect, process and use your data in order to process sales, perform service and confirm compliance with applicable laws. Apple will maintain and use your personal data in order to allow you to exercise your rights arising from the service of your Apple product and for quality and service-related purposes. Apple will not use your information for direct marketing purposes without obtaining your consent. If you wish to have access to the information that Apple holds concerning you or if you want to make changes, access URL insert URL here to update your personal contact preferences or request details on, removal or amendment of any data UTL holds on you.

5.13     Subcontractors.

UTL may subcontract with other service providers for the service of your product.

5.14      Conflict of Terms; Services in English.

In the event of a conflict between different translations of these terms, the English translation will prevail. Certain support services and related documents may be available in English only.

5.15     Complete Agreement; Force Majeure.

This Agreement governs service transactions accepted by UTL. No other oral or written terms or conditions apply. UTL does not authorize any variance or modification of this Agreement. UTL is not responsible for any failures or delays in performing service or delivering your product or a replacement product that are due to events outside UTL’s reasonable control.

5.16     Entities

For the purposes of this agreement, the UTL entity is:

UNIPART LOGISTICS LIMITED

Unipart House

Cowley

Oxford

Oxfordshire

OX4 2PG

Company number: 04330119