Repair Terms of Service
These Terms & Conditions (“T&Cs”) govern the service of your product by GekkoTech Computer Services. (”GekkoTech”).
1. GekkoTech will service your product as described and for the charges shown on the Work Authorization plus any applicable tax. GekkoTech may restrict service to one (1) product per customer during your visit to GekkoTech. When the service is covered by Apple’s warranty, extended service contract or consumer warranty law, those terms or applicable law will apply. Residents of Quebec are governed by that province’s consumer protection legislation.
GekkoTech understands that your data may be valuable to you. Data loss during service is always a possibility, and in some cases, data may be unrecoverable, erased, or reformatted during service. For this reason, it is your sole responsibility to back up all existing data, software, and/or programs from your product, and to decide whether to erase any such data from your product, prior to receiving service. GekkoTech is not responsible for loss, recovery, or compromise of data, software or programs, or loss of use of your product or other equipment arising out of the services provided by GekkoTech. You represent that your product does not contain any illegal files or data.
You acknowledge that your device may be sent out by common carrier to be serviced by an external service provider. For this reason, it's recommended that you back up your device and wipe it, prior to submission for service.
2. If service is needed due to failure of parts that are not original to the product or due to damage caused by abuse, misuse or any external cause, GekkoTech reserves the right to return the product to you without servicing it, and may hold you responsible for any indicated diagnostic fee. GekkoTech 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, GekkoTech 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, GekkoTech may return your product unrepaired in the damaged condition without any responsibility.
3. As part of service, GekkoTech may install system software updates that will prevent your Apple product from reverting to an earlier version of the system software. Third party applications installed on your Apple product may not be compatible or work with your Apple product as a result of the system software update.
4. If service requires labour and/or parts not specified on the Work Authorization, GekkoTech may seek your approval of a revised estimate. If you do not agree that GekkoTech may revise the charges, GekkoTech may return your product and hold you responsible for any indicated diagnostic fee.
5. GekkoTech may use parts or products that are new or previously used Apple genuine parts that have been tested and passed Apple functional requirements. Apple will retain the replaced part or product that is exchanged as its property, and the replacement part will become your property. Replaced parts are generally repairable and are exchanged or repaired by Apple for value. Apple may use Apple Products or replacement parts for service that are sourced from a country that is different from the country from which the Apple Product or original parts were sourced. If applicable law requires Apple to return a replaced part to you, you agree to pay Apple the additional cost of the replacement item.
6. Apple warrants for a period of ninety (90) days from the date of service: (1) that service will be performed in a competent and workmanlike manner; and (2) that all parts used to service your product will be free from defects in materials and workmanship, unless otherwise specified by Apple. Apple further warrants to the extent permitted by law, that 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 (1) year from the date of service. The foregoing warranty is an express limited warranty and in the event of breach, Apple will either: (i) re-perform the service; (ii) repair or replace the part; or (iii) refund the cost of the service provided. In order to claim under the warranty, you must return your product to the location where service was performed, at your expense. THIS WARRANTY AND ASSOCIATED REMEDIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. APPLE SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF APPLE CANNOT LAWFULLY DISCLAIM IMPLIED WARRANTIES, THEN ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO THE EXPRESS LIMITED WARRANTY. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY (OR CONDITION) MAY LAST, SO THE LIMITATION DESCRIBED ABOVE MAY NOT APPLY TO YOU.
7. (The following not applicable to customers in Quebec) TO THE MAXIMUM EXTENT PERMITTED BY LAW, GEKKOTECH AND ITS AFFILIATES, WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM SERVICES PROVIDED OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, OR CORRUPTION OF DATA; OR ANY COSTS OF RECOVERING, PROGRAMMING, OR RESTORING ANY PROGRAM OR DATA STORED OR USED WITH YOUR PRODUCT AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON YOUR PRODUCT. THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS. GEKKOTECH SPECIFICALLY DOES NOT WARRANT THAT IT WILL BE ABLE TO: (i) REPAIR OR REPLACE YOUR PRODUCT WITHOUT RISK TO OR LOSS OF PROGRAMS OR DATA; AND (ii) MAINTAIN THE CONFIDENTIALITY OF DATA. IF ANY PRODUCT SHOULD BE DAMAGED OR LOST WHILE IN GEKKOTECH’S CUSTODY, GEKKOTECH’S LIABILITY WILL BE LIMITED TO THE COST OF REPAIR OR REPLACEMENT OF THE AFFECTED PRODUCT. OTHERWISE, GEKKOTECH’S LIABILITY FOR ANY AND ALL DAMAGE SHALL IN NO EVENT EXCEED THE PAYMENTS RECEIVED BY GEKKOTECH FOR SERVICES PROVIDED PURSUANT TO THESE TERMS. THE REMEDIES SET FORTH HEREIN SHALL BE YOUR SOLE AND EXCLUSIVE REMEDIES FOR ANY BREACH BY GEKKOTECH UNDER THESE TERMS AND CONDITIONS. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
8. If you have not claimed your product and paid all charges due within sixty (60) days after being notified by GekkoTech that your product has been serviced, GekkoTech will consider your product abandoned and may dispose or refurbish for sale of your product in accordance with applicable law.
9. If 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 GekkoTech to transfer the information and accept such terms on your behalf in performing the service.
10. These T&Cs are governed by the laws of the jurisdiction in which you receive the repair service (without giving effect to its conflict of law provisions).
11. (The following not applicable to customers in Quebec) These T&Cs are the only ones that govern GekkoTech’s service of your product.