TERMS OF SERVICE:

LAPTOP LIBERATORS ELECTRONIC REPAIR (LLER)

IMPORTANT: THESE REPAIR TERMS AND CONDITIONS (“AGREEMENT”) CONSTITUTE YOUR AGREEMENT WITH "LLER" (AS IT IS DESCRIBED IN THE COUNTRY VARIATION SECTIONS, SPECIFIED THROUGHOUT THE AGREEMENT) AND WILL APPLY TO YOUR ORDER IF THE SERVICE IS OUTSIDE THE TERMS OF LLER'S LIMITED WARRANTY, AN LLER 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.

  Services and Products.

1.1 Services. For service orders, LLER will service your LLER 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, LLER 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 failure of or incompatibilities with any software or data residing or recorded on your product. LLER may install system software updates as part of service that will prevent your LLER product from reverting to an earlier version of the system software. Third party applications installed on your LLER product may not be compatible or work with your LLER product as a result of the system software update.

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

a. As part of any Data transfer service, whether or not LLER is able to successfully transfer Data from the original device to the replacement device, LLER 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 LLER 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. LLER will not transfer the Data to any LLER owned or 3rd party owned data storage system or device and will not store a copy of the Data as part of any Data transfer service.

1.3 Parts and Labor. LLER may provide both parts and labor, but may direct that you replace certain readily installable parts yourself, as described below. In servicing your product, LLER may use parts or products that are comprised of new and/or previously used LLER genuine parts and have been tested and passed LLER functional requirements, subject to applicable laws. LLER 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 LLER for value. LLER may use LLER Products or replacement parts for service that are sourced from a country that is different from the country from which the LLER Product or original parts were sourced. If applicable law requires LLER to return a replaced item to you if requested by you, you agree to pay LLER the retail cost of the replacement item and shipping.

1.4 Service Options. LLER will provide service through one of the following options and will choose, subject to applicable laws, which method of providing service depending on the circumstances, in particular depending on the type of product: 

A Do-It-Yourself (DIY) Parts Service. DIY Parts Service allows you to service your own product. If LLER determines that DIY Parts Service is available to you, LLER will ship to you a replacement part for your product. The replacement part will be accompanied by instructions on installation and any requirements for the return of the replaced part. For DIY Parts Service requiring the return of the replaced part, you must provide credit card details to secure the return of the replaced part. All replaced parts requiring return, must be returned within ten (10) days from the date LLER ships the replacement part to you (“Return Period”). If (i) you fail to return the replaced part as instructed within the Return Period, or (ii) the replaced part is not eligible for service due to a Service Exclusion, as described below, you will pay the amount agreed by you at the time service was ordered. If LLER does not require the return of a replaced part, LLER will ship to you a replacement part or product accompanied by instructions on installation and any requirements for the disposal of the replaced item. LLER is not responsible for any labor costs relating to DIY Parts Service.

B Direct Mail-In Service. If LLER determines that your product is eligible for Direct Mail-In Service, you will ship your product to LLER's repair service location in accordance with LLER’s instructions. LLER may provide prepaid way bills (and if you no longer have the original packaging, LLER may send you packaging material). If LLER does not provide prepaid way bills or packaging, you must arrange for the shipping and packaging of your product to LLER’s repair service location, as described at the time of ordering, and you may want to consider insuring your package in case of damage or loss during shipment. Once service is complete, the LLER repair service location will return the repaired product or provide a replacement product to you.

C Express Replacement Service (ERS).

i. If LLER determines that your product is eligible for ERS, and you choose to order ERS by providing to LLER your credit card details, LLER will ship to your designated location a replacement product. You will return your product so that LLER receives it within ten (10) days from the date LLER ships the replacement product (the “Return Period”). You must return the original product in the package that contained the replacement product in accordance with LLER’s instructions. LLER will retain the original product and you will retain the replacement product.

ii. For the ERS, LLER will charge your credit card the ERS Charge, described at the Service FAQ web page shown in the table below (“Service FAQ”) at the time the Replacement product ships. At the time the Replacement product ships, LLER will effect an authorization against your credit card equal to the replacement value of a new product (“Replacement Value”), described at the Service FAQ. This authorization will be maintained by LLER and will be applied against any damage to the original product that is not eligible for Out-of-Warranty Service, or loss of the original product or other payments due. Repairs are considered Out-of-Warranty when:

Your product is no longer covered by the warranty, service plan or by consumer law.
The issue you are reporting was caused by accidental damage or unauthorized modifications or if said accidental damage or unauthorized modifications prevent LLER from addressing the issue you are reporting.

iii. If LLER receives the original product within the Return Period in a condition that is not eligible for Out-of-Warranty Service, your credit card will be charged an additional amount representing the difference between the replacement value of a new product (“Replacement Value”) and the Out-of-Warranty Service Fee, as described at the Service FAQ Web Page. An original product that is inoperable due to unauthorized modifications or has failed due to catastrophic damage, such as the product separating into multiple pieces, are examples of a product that is ineligible for Out-of-Warranty Service.

iv. If the original product is returned to LLER within the Return Period, the remainder of the Replacement Value will be credited back to your credit card after confirmation that all other applicable charges have been paid. If LLER does not receive the original product within the Return Period, your credit card will be charged the Replacement Value. All fees and charges described herein exclude all applicable taxes.

1.5 Changes to Service Options. LLER reserves the right to change at any time the service options available to you. A change would not affect services that have already begun.

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

1.7 No Sale to Minors. Purchase under these terms is available only to those who have reached the age of majority.

1.8 Service Exclusions and Diagnostic Fee. LLER is entitled to charge you a diagnostic fee (including shipping charges) as described in the Country Variation table, below (“Diagnostic Fee”), if LLER 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 LLER, (iv) additional labor or parts are required that were not specified in the original estimated charges and you do not agree to authorize service based on LLER’s revised estimated charges, or (v) 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 LLER), 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”). LLER will return your product to you without servicing it and may charge you the Diagnostic Fee. 

1.10 Delivery. LLER 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, LLER 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 LLER to arrange for a delivery without the need for a signature.

1.11 Customer’s Responsibility.

1.11.1 LLER 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.

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

1.11.3 Abandoned Property. Unless you provide alternative instructions, LLER will ship your repaired or replacement product to the mailing address you furnished when you authorized service. If your product is returned to LLER because delivery could not be completed at the address given, LLER will attempt to contact you for an alternative mailing address. If you do not provide an address at which LLER or its agent may deliver your product within ninety (90) days after the original delivery attempt, LLER will 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. LLER reserves its statutory and any other lawful liens for unpaid charges. Any prepaid balance for discontinued or non-reachable parts without communication will also be considered abandoned property ninety (90) consecutive days after LLER's attempt to receive proper guidance or instruction with no response.

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

1.11.5 LLER encourages you to review service order status information. 

1.11.6 Disclosure of Unauthorized Modifications and Non-LLER Service. During the service ordering process, you must notify LLER of any unauthorized modifications, or any repairs or replacements not performed by LLER, that have been made to your product. LLER 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 LLER. If damage results, LLER will seek your authorization for any additional costs for completing service even if the product is covered by warranty or service plan. If you decline authorization, LLER may return your product unrepaired in the damaged condition without any responsibility.

2. Orders and Payment.

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

2.2 Payment Methods. LLER 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 check card 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 LLER has agreed to some other credit terms. When you provide LLER with your card information, LLER 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. LLER will not bill your credit card or process a transaction under your debit or check card until your order is processed. LLER may not be able to accept credit, debit, or check cards associated with a billing address outside of the country where the purchase is made or the order is placed. Debit cards and check cards may have daily spending limits that could delay the processing of your order substantially. LLER requires the credit, debit, or check 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. LLER endeavors to offer you competitive prices on current LLER products and services. Your total order price will include the price of the product or service on the day of order processing. LLER reserves the right to change prices for products or services displayed at any time and particularly to correct pricing errors that appear. A change in pricing would not affect services that have already begun.

2.4 Confirmation. LLER will send you a confirmation of your order via email shortly after receipt. You will receive a confirmation by regular mail or via email when LLER accepts your order.

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

3. Warranty and Limitation of Liability

3.1 Service Warranty. For all service orders, LLER 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, LLER will at its option, or as required by law, either (a) re-perform services to conform to their description (b) repair or replace the part or product, using parts or products that are comprised of new and/or previously used LLER genuine parts and have been tested and passed LLER functional requirements, or (c) refund the sums paid to LLER for service.

If a failure with the service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to cancel the contracts for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the service.

You are also entitled to a repair, replacement or refund for a major failure with our goods and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. If this is not done you are entitled to a refund for the goods or a replacement of the goods. Goods presented for repair may be replaced by previously used genuine goods of the same type that have been tested and passed LLER functional requirements, rather than being repaired. Previously used genuine parts that have been tested and passed LLER functional requirements may be used to repair the goods. The repair of goods may result in loss of the data. Certain legislation including the Competition and Consumer Act 2010, may imply warranties or conditions or impose obligations upon LLER which cannot be excluded, restricted or modified, or cannot be excluded, restricted or modified except to a limited extent. These Terms and Conditions must be read subject to these statutory provisions. If these statutory provisions apply, to the extent to which LLER is entitled to do so, LLER limits its liability in respect of any claim under those provisions to at LLER’s option (1) the supplying of the services again or (2) the payment of the cost of having the services supplied again.

3.2 Disclaimer of Warranty.

TO THE EXTENT PERMITTED BY LAW, 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. TO THE EXTENT PERMITTED BY LAW, APPLE 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, LLER 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, LLER 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, APPLE 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 LLER 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.

4. Export Control. You may not use or otherwise export or re-export the products serviced except as authorized by the laws of the jurisdiction in which the products were obtained. In particular, but without limitation, the products may not be exported or re-exported in violation of export laws, including if applicable export or re-export into any US-embargoed countries or to anyone on the US Treasury Department’s list of Specially Designated Nationals or the US Department of Commerce Denied Person’s List or Entity List. You represent that you are not located in any country or on any list where the provision of product to you would violate applicable law. You also agree that you will not use products for any purposes prohibited by applicable law.

5. General.

5.1 Typographical Errors. LLER is not responsible for typographical errors. LLER 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. LLER reserves the right to change this Agreement at any time, subject to law. A change would not affect services that have already begun.

5.3 Cancellation. By accepting the service order, you provide express consent that LLER initiates service and you acknowledge that you may not cancel the service order and may not exercise the right of withdrawal from the contract once the service has been performed.

5.4 Product/Service Changes. Apple 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 Apple makes no commitment to update the information provided online with respect to such products and services.

 5.5 Access online. Apple 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.

5.7 No Changes to the Agreement. No LLER 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, it will not affect the remaining provisions of this Agreement. 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. LLER's failure to insist on or enforce strict performance of this Agreement shall not be construed as a waiver by LLER of any provision or any right it has to enforce these policies, nor shall any course of conduct between LLER 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.

5.11 International Products/Services. LLER provides access to LLER international data and, therefore, may contain references or cross references to LLER products, programs and services that are not announced in your country. Such reference does not imply that LLER in your country intends to announce such products, programs or services.

5.12 Data Protection. You agree and understand that it is necessary for LLER to collect, process, and use your data in order to process sales, perform service and confirm compliance with applicable laws. LLER will maintain and use your personal data in order to allow you to exercise your rights arising from the service of your product and for quality and service-related purposes. 

5.13 Subcontractors. LLER 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 LLER. No other oral or written terms or conditions apply. LLER does not authorize any variance or modification of this Agreement. LLER 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 LLER’s reasonable control.

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