GatorTech Repair Terms and Conditions
These are the Terms and Conditions governing the repair of your product by GatorTech.
1. GatorTech will repair your product as described and for the charges shown on the reverse side (unless such charges are revised with your oral or written consent). When the product is covered by a service contract, such as the GatorWatch, GatorTech will perform repairs under the terms of the service contract, provided that you have presented satisfactory proof of the product’s eligibility for such repairs. You will be responsible for any additional charges applicable under your service contract, including any applicable tax. GatorTech may subcontract with other service providers for the repair of your product.
2. Unless your product is repaired under a service contract without charge, you will pay GatorTech the amount owed for the repair. Your payment is due when the product is returned to you. Unless specified otherwise, the estimated amount includes all parts, labor, and certain transportation required for the repair of the product plus any applicable tax. GatorTech may hold you responsible for the diagnostic fee, plus any applicable tax, if GatorTech inspects your product, provides an estimate for you, and you do not authorize GatorTech to undertake the repairs for the estimated charges.
3. If the requested repairs require labor and/or parts not specified on the work proposal, GatorTech may seek your approval of a revised estimate. If you do not agree that GatorTech may revise the charges, GatorTech may return your product and hold you responsible for the diagnostic fee, plus any applicable tax.
4. If repairing your product under your service contract, GatorTech may use new, used or reconditioned parts, if permitted by the terms. If repairing parts outside of warranty or service contract, GatorTech may use new, used or reconditioned parts. GatorTech will retain the replaced part that is exchanged under repair service as its property, and the replacement part will become your property.
5. If GatorTech repairs your product under service contract, the repairs will be covered solely by the terms of the service contract and applicable provisions of law. If your product is repaired outside of warranty, GatorTech warrants (1) that the repairs will be performed in a competent and workmanlike manner and (2) that all parts used to repair your product will be free from defects in materials and workmanship for a period of thirty (30) days, unless otherwise specified by GatorTech. If a defect exists in a replacement part during the part’s warranty period, at its option, GatorTech will (1) repair the part, using new, used or reconditioned replacement parts, (2) replace the part with a new, used or reconditioned equivalent part, or (3) refund the fair market value of the part, as determined by GatorTech. THIS WARRANTY AND REMEDY ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, WITH RESPECT TO THE REPAIR PARTS. GATORTECH SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES WITH RESPECT TO SUCH PARTS, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF GATORTECH CANNOT LAWFULLY DISCLAIM IMPLIED WARRANTIES UNDER THIS LIMITED WARRANTY, ALL SUCH WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THE DURATION OF THE EXPRESS LIMITED WARRANTY. Some states and provinces 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 on repair parts gives you specific legal rights, and you may also have other rights that vary by state or province.
6. IF ANY PRODUCT SHOULD BE DAMAGED OR LOST WHILE IN GATORTECH’S CUSTODY, GATORTECH’S LIABILITY WILL BE LIMITED TO THE COST OF REPAIR OR REPLACEMENT OF THE AFFECTED PRODUCT. SUBJECT TO THE PREVIOUS SENTENCE, GATORTECH’S ENTIRE LIABILITY FOR YOUR DAMAGES FROM ANY CAUSE WHATSOEVER WITH RESPECT TO THE REPAIR OF YOUR PRODUCT, WHETHER DUE TO GATORTECH’S NEGLIGENCE OR TO ANY OTHER REASON, IS LIMITED TO THE AMOUNTS THAT YOU PAY FOR REPAIR SERVICES. GATORTECH HAS NO LIABILITY WHATSOEVER FOR INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, SUCH AS LOST PROFITS OR REVENUE. GATORTECH ALSO HAS NO LIABILITY FOR LOSS OF OR DAMAGE TO DATA OR SOFTWARE APPLICATIONS. YOUR ONLY REMEDY UNDER THIS REPAIR AGREEMENT IS TO SEEK RECOVERY OF DAMAGES AGAINST GATORTECH IN AN AMOUNT NOT TO EXCEED WHAT YOU HAVE PAID FOR REPAIR SERVICES.
7. If you have not claimed your product and paid all charges due within thirty (30) days after being notified by GatorTech that your product has been repaired, Gatortech will consider your product abandoned. GatorTech will provide such notice to you at the mailing address you furnished when you authorized the repairs. GatorTech may dispose of your product in accordance with applicable provisions of law, and, specifically, may sell your product at a private or public sale without liability to you. GatorTech reserves its statutory and any other lawful liens for unpaid charges.
8. If repair service involves transferring information or installing software, you represent that you have the legal right to copy the information and agree to the terms of the software license, and you authorize GatorTech to transfer the information and accept such terms on your behalf in performing the service.
9. These Terms and Conditions are governed by the laws of the State of Florida (without giving effect to its conflict of law provisions). If any provision of these Terms and Conditions is held to be illegal or unenforceable, that provision will no longer be part of the Terms and Conditions, and the Terms and Conditions will be enforceable as though that provision never was a part of them.
10. These Terms and Conditions are the only ones that govern GatorTech’s repair of your product. No other oral or written terms or conditions apply, including ones in any purchase order that you provide to GatorTech. No one has the authority from GatorTech to vary any of these Terms and Conditions.
11. You agree and understand that it is necessary for GatorTech to collect, process and use your data in order to perform the service and support obligations under these Terms and Conditions. GatorTech will protect your information in accordance with GatorTech Customer Privacy Policy available at URL (Link to Privacy Policy). If you wish to have access to the information that GatorTech holds concerning you or if you want to make changes, access URL (Link to User Account Profile) to update your personal contact preferences.