Business Service Terms & Conditions

1.0 Payments

1.1 For new accounts a credit check will be completed before any credit will be extended. Upon approval of the credit check a statement shall be issued on the 1st of every month with a 30-day payment terms. An invoice pro-former is issued aft er each repair.

1.2 Detail of a creditor with whom you have done business for more than 12 months is required for companies with less than 5 years trading history.

1.3 Companies with fewer than 12 months trading history will be required to make payment upon completi on of each individual transaction

1.4 Credit is extended purely for repair services.

1.5 For other services and products including accessories, refurbished devices and accessories. Approval must be sought on a case-by-case basis from the Corporate Account Manager.

1.6 The credit agreement can be ended at anytime by iSmash by giving reasonable notice to you.

2. Corporate rates

2.1 Corporate rates are based on; company size, number of business devices, number of employees and number of years in business.

2.2 Discounts are given off our listed prices which can be found on our website.

2.3 Where any courier or postage service is needed this will be added to your invoice unless otherwise agreed.

1. Agreement for repair

1.1 The terms set out in these Conditions of Repair (“Agreement”) shall apply to the service we provide to repair your touch screen device listed overleaf (“Device”) on the service check-in form.

1.2 Reference to “us”, “we” and “our” refer to iSmash and references to “you” and “your” are references to the person addressed on this form.

2. All repairs (unless otherwise stated)

2.1 We shall make all reasonable efforts to repair your Device 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 utmost care and skill.

2.2 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.

2.3 We shall notify you when the Device has been repaired and is available for collection. If you do not collect the Device within 90 days, we may dispose of the Device. 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 sent to you or will remain payable by you accordingly.

2.4 If we are unable to complete the Service for any reason, or the Service will incur further costs payable by you, we will noti fy you immediately.

2.5 Our out of warranty/chargeable repairs are guaranteed for 12 months from the date the Device is ready for collection.

If the Device 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).

2.6 All charges will be subject to VAT and any other government taxes or duti es as applicable.

2.7 The cost of repair will be calculated where possible in accordance with our standard charges as published from ti me to time.

2.8 We may keep your Device until all charges payable have been paid. [We may also charge an additional fee for storage of your Device.]

2.9 All choices made in relation to repairs are final and any change of mind may result in additional costs.

2.10 Completion of our repair services will void your 1 year Apple or any other manufacturer warranty. If you would like to avoid this then please bring your device to the manufacturer.

3.1 Our entire liability in respect of any single cause of action arising out of or in connecti on with this Agreement or its subject matt er (whether for breach of contract, tort, including negligence, statute or otherwise at all) shall be limited, to the extent that the cause of acti on related to our supply of the Services, at our opti on to: (a) supplying the Services again; (b) payment of the cost of having the Services supplied again; or (c) repaying to you any amount that you have paid in respect of the Services.

3.2 If, through our negligence or wilful misconduct, we damage the Device 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 Device.

3.3 Any data or informati on that you may have stored on the Device shall remain your sole responsibility and we accept no liability for loss or corrupti on of such data, except in the case of gross negligence, wilful misconduct or fraud and we therefore highly recommend that you back up your Devices on your personal computer prior to your repair. It is your responsibility to keep a record of any such data. Saying this we can with permission backup your devices informati on onto a secure disk if requested which may help in the restorati on of personal data if needed.

3.4 Nothing in this clause 5 shall apply so as to limit or exclude our liability for: (a) death or personal injury resulting from our negligence; (b) breach of any terms implied by statute; (c) any claim arising under the Consumer Protection Act 1987; or (d) fraudulent misrepresentation.

3.5 In no circumstance shall we be liable to you for any indirect, special or consequenti al loss arising out of or in connection with this Agreement, including any loss of business, revenue, profi ts, anti cipated savings, goodwill or any other indirect or consequenti al loss or damage howsoever arising.

3.6 We shall not be liable for any claim arising under this Agreement unless you give us writt en noti ce of the claim within three (3) months of becoming aware of the circumstances giving rise to the claim or, if earlier, three (3) months from the ti me you ought reasonably to have become aware of such circumstances

4.1 We will communicate all diagnostics and repair outcomes with the specified account contact for the business.

Should you wish to have an update per device, please arrange this at the ti me the device is picked up/ delivered into store.

This contact person will be the sole person/s contacted following the repair to ensure data protection.

5.1 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.

5.2 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.

5.3 This Agreement sets out the entire agreement and understanding between you and us in connection with its subject matter. Nothing in this Agreement shall effect our liability in respect of any misrepresentati on, warranty or condition that is made fraudulently.

5.4 This Agreement may not be amended, modified, varied or supplemented except in writing signed by or on behalf of you and us.

5.5 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 effect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.

5.6 Nothing in this Agreement shall confer on any third party any benefits under the provisions of the Contracts (Rights of Third Parti es) Act 1999. 5.7 This Agreement shall be governed by the laws of England and Wales and shall be subject to the exclusive jurisdicti on of the English Court.