IMPORTANT: THESE REPAIR TERMS AND CONDITIONS (“AGREEMENT”) CONSTITUTE YOUR AGREEMENT WITH CELL PHONE GENIUS LLC (“CPG”) AND WILL APPLY TO YOUR ORDER IF THE SERVICE IS INSIDE THE TERMS OF CPG LIMITED WARRANTY. 

 

• About Services. For service orders, Cell Phone Genius LLC (“CPG”) will service your device as described to you for the estimated charges stated, unless such charges are revised with your prior oral or written consent. Unless otherwise stated, CPG 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.

 

• About Parts and Labor. CPG may provide both parts and labor, but may direct that you replace certain readily installable parts yourself, as described below. In servicing your product, CPG may use parts or products that are new or refurbished and equivalent to new in performance and reliability. CPG 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 us for value. If applicable law requires CPG to return a replaced item to you, you agree to pay CPG the retail cost of the replacement item and shipping.

 

• About Changes to Service Options. CPG reserves the right to change at any time the service options available to you.

 

• About No Sale to Minors. Purchase under these terms is available only to those who have reached the age of majority or with a verbal or written consent from a legal parent or guardian. 

 

• About Service Exclusions and Diagnostic Fee. CPG may charge you a diagnostic fee. If CPG 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 incompatible, (iii) 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 store’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 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”). CPG will return your product to you without servicing it and may charge you the Diagnostic Fee. 

 

• About Delivery. CPG may provide an estimate on when a repair will be ready. Once your order has been repaired, CPG is unable to go back with your device or cancel the repair order. 

 

• About 90-Day Limited Warranty. CPG warrants all repairs and parts free of defects in materials and workmanship for a period of 90 days from the date of purchase. If the unit should malfunction, it must be returned to CPG store or our service center for evaluation and all costs of shipping shall be borne solely by the customer. CPG will diagnose the repair immediately upon receipt. Upon examination by CPG, if the unit is found to be defective it will be repaired or replaced at no charge. CPG’s warranty, however, does not apply to defects or damages resulting from any action of the customer, including but not limited to mishandling, physical damage, water damage, improper interfacing, operation outside of design limits, repair by someone other than CPG, use of any other product other than CPG products, or unauthorized modification. This warranty is VOID if the unit shows evidence of any misuse or mishandling, including but not limited to being tampered with (broken seal), being damaged as a result of excessive corrosion; or current, heat, moisture or vibration; improper specification; misapplication; abuse or other operating conditions outside of CPG's control. Software warranty applies to factory restores performed by CPG, and applies only in computers, laptops, cellular phones, etc.  Warranty is VOID, however, if customer performs any software modifications not limited to restore, updating software on the device, downloading unauthorized or unapproved software, viruses, malware, spyware, or attempts to modify any software that has been installed by CPG. CPG reserves the right to VOID any warranty if any improper software installations or modifications have been made after customer has left the store location. This warranty is non-transferable (for example this warranty does not apply to any purchaser who bought the product from a customer of CPG, or a reseller or distributor not authorized by CPG, including but not limited to purchases from internet auction sites like Amazon, eBay).

 

• About Limitation of Liability. REPAIR OR REPLACEMENT OF THIS PRODUCT, AS PROVIDED HEREIN, IS YOUR EXCLUSIVE REMEDY. CPG SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST DATA, LOST REVENUES, LOST PROFITS, RENTAL OF REPLACEMENT EQUIPMENT, DOWNTIME, DAMAGE TO PROPERTY, AND THIRD-PARTY CLAIMS, ARISING OUT OF ANY THEORY OF RECOVERY, INCLUDING WARRANTY, CONTRACT, STATUTORY OR TORT. NOTWITHSTANDING THE TERM OF ANY WARRANTY OR ANY WARRANTY IMPLIED BY LAW, OR IN THE EVENT THAT ANY WARRANTY FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL CPG'S TOTAL CUMULATIVE LIABILITY EXCEED THE PURCHASE PRICE OF THE DEVICE OR SERVICE. USE OF THE DEVICE IS AT YOUR OWN RISK.  

 

• About Repair Time and Delivery. CPG will make reasonable efforts to deliver repaired equipment within the estimated time of delivery, but does not guarantee that a repair will be completed within a specific period of time. CPG shall not be liable for any failures or delay in service due to any causes beyond control. CPG reserves the right to refrain from providing the repairs or services ordered and instead refund customer’s payment at its sole discretion. 

• About Manufacturer Warranties. You recognize that CPG is an independent, third party repair company not affiliated with any original manufacturer or insurance company and that having your device repaired or worked on by CPG may void any manufacturer warranty or ability to utilize insurance providers. CPG is not responsible for any warranty that is considered void after repair services by CPG have been rendered.

 

• About Replacement Parts. You recognize that CPG is an independent, third party repair company not affiliated with any original manufacturer. Like any repair provider outside the original manufacturer, CPG does not always have access to original equipment manufacturer (OEM) parts. You recognize that after any service is performed, the damaged parts that are replaced during service become property of CPG. Upon payment for any repair or service, you forfeit any claim on the damaged parts that were replaced during the repair or their value. 

 

• About Responsibility to Pick Up Devices. Due to space limitations, CPG requests that you pick up your equipment promptly. If equipment is left with CPG and is not picked up within 30 days after being notified by CPG that your product has been serviced, CPG will consider your equipment abandoned and may recycle your equipment in a responsible manner in accordance with applicable law. You agree to hold CPG harmless for any damage or claim for the abandoned property (as stated in the signed work order every customer receives before the repair process is initiated), which we may discard or recycle at our sole discretion 30 days from customer being notified that your product has been serviced.

 

• About Cell Phone Sales. All sales are final, no refunds. We offer a limited 30-day warranty on our devices, this does not include physical abuse, liquid, or software modifications done after the device leaves our store. If we determine that the device you purchased from CPG has any defect or malfunction we may attempt to fix it at no additional charge or exchange it for a similar device of comparable value. You also understand that most of our devices are not new but Certified CPG Refurbished devices, which may include some after market parts. You also understand that CPG is an independent repair store and is not affiliated with any OEM or manufacturer, which means this will likely VOID any warranty remaining on such device. Some of our devices are purchased from third-party or through trade-in programs from customers, some components may be damaged due to use or abuse from previous owner, we cannot guarantee the life span of the device or any arising issues after purchase. We may void this warranty at any point at CPG discretion. 

 

• About Software. If service involves transferring information or installing software, customer represents that customer has the legal right to copy the information and agree to the terms of the software license, and customer authorizes CPG to transfer the information and accept such terms on your behalf in performing the service at your instruction. You acknowledge and agree that You are solely responsible for all Content that You make available through the Device. Accordingly, You represent and warrant that: (i) You either are the sole and exclusive owner of all Content that You make available through the Device or You have all rights, licenses, or permissions, consents, and releases that are necessary to grant to [] the rights in such Content, as contemplated under this Agreement; and (ii) neither the Content nor Your posting, uploading, publication, submission, or transmittal of the Content or []’s use of the Content (or any portion thereof) on, through, or by means of the Device or otherwise will infringe, misappropriate or violate any third party’s patent, copyright, trademark, trade secret, or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

 

• About Payment for Service. Payment in full for repairs and services must be rendered prior to picking up a device. A non-refundable repair deposit will be due upfront for parts that require a special order that takes 2 (two) days or longer to ship. 

 

• About Liquid Damage Diagnostic and Board Cleaning Service. You understand that due to the nature of liquid damage, a device that may arrive in “working” or "partially working" condition, may not work after the diagnostic is performed. Liquid causes corrosion and rust on many components which can result in instability after disassembly and re-assembly. You understand that if a device is operable upon arrival it is recommended that you back up the device before leaving it to be diagnosed. CPG is not responsible for any data loss/ non-working devices after a diagnostic or repair is performed in the presence of liquid damage. You understand that the goal of a liquid cleaning service is to get the motherboard of the device in an operable condition. This service does not include non-integrated parts such as physical buttons, batteries, Wi-Fi cards/cables, or any other components that are not built into the motherboard itself. You understand that if the liquid damage motherboard cleaning service resolves all device issues, then customer will be responsible for the liquid damage motherboard cleaning fee stated on the work order. You understand that if additional non-integrated components are needed to fix the device, you will be contacted with a detailed price quote. If you elects to proceed with the replacement of non-integrated components, the liquid damage cleaning fee will be waved. You understand that we cannot give you Warranty or Guarantee any liquid damage repair done by CPG due to the unpredictable nature of the repair. CPG will still charge the basic Liquid Treatment Fee, weather device works or not. 

 

• About Computer Virus Removal, Operating System Reinstall, and Data Backup. You understand that during a virus repair or removal CPG uses a multitude of software tools to remove any malware present in the device. You understand that due to the nature of many viruses (which infect not only the Operating System, but also user files) CPG CANNOT guarantee that 100% of your files will remain intact. There exists the possibility of having to delete documents, music, pictures, applications, and any other data that have become infected. You understand that CPG CANNOT guarantee malware removal through software alone. If it is the case that CPG cannot safely remove the virus entirely, you will not be charged for the virus removal service, and CPG will contact you about performing a reinstall of the operating system from a clean installation. You understand that CPG will not back up any user created file unless a "Computer back up service" is included. You understand that if an Operating System Reinstall service is performed CPG provides a factory installation with no additional software installed except for primary hardware drivers. Any Software, including Anti-Malware (free or paid-subscription), is subject to a software installation fee. You understand that CPG CANNOT install a different operating system than what is provided by the computer’s manufacturer, or provided by the Customer. “Customer“ represents that the customer has the legal right to use the operating system, and has agreed to the terms of the software license.

• About Collection and Use of Personal Information. Information such as name and email address is collected for internal record keeping, service updates, requesting feedback, and provide you product information, promotional information, and updates to CPG’s Terms of Service and Privacy Policy.

 

• About In-Store Cameras. In-store cameras are used to assist in loss prevention and to protect the valuable internal and customer belongings while you are in the store. By walking in to CPG store you give the consent to record you for your security and safety. 

 

• About Accessing Data on Customer Devices. As part of our required diagnostic testing, certain applications containing customer data (such as camera, dial pad and messaging applications), may need to be accessed to thoroughly test the device’s functionality. This process is essential to ensuring we have done our due diligence in repairing your device to the best of our ability. This information is never intentionally exposed in any way and will not be mishandled or sold to third party companies for any purpose. CPG will never transfer or copy data on a customer's device to any other equipment without customers express consent or unless the operation is required to complete the services requested by the customer. 

 

• About Data Backup and Recovery Services. In the event of a repair, or any similar circumstances,  that requires a device be restored to original settings CPG will backup data to the best of our ability. If data becomes lost or corrupted during the repair process, though not responsible for the loss of data, CPG employees will direct affected customers to a reputable data recovery company.

 

• About Data Loss. Customer agrees that prior to CPG servicing of any customer equipment, it is customer’s responsibility to: (1) backup all data, software, information, or other files stored on customer’s computer disk drives, peripherals, MP3 player, DVD player, camcorder, digital camera or on any other electronic storage device; and (2) remove all videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film, or other media from customer’s product, as applicable. Except as expressly provided for herein, CPG shall be liable under any circumstances for any loss, disclosure, alteration, or corruption of any data, software, information, files, videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film, or other media.

 

• When the repair process has begun after the signing of the work order associated with repair, the customer has consented to this policy and all its attributes.