Terms and Conditions
You authorize City Repair to perform the work described in the Service Estimate (“Service”) on the device identified on the front of this Service Authorization/Receipt (“Your Device”), subject to these Terms and Conditions. If Your Device is under any applicable manufacturer’s warranty, then the terms of City Repair’s Limited Warranty (see below) also apply and will control if there is any conflict with these terms. In particular, if the Warranty Status of Your Device shown on the front of this Service Authorization is “In Warranty” and City Repair determines on further inspection that the issue with Your Device is not covered by the Limited Warranty (for example, there is damage due to exposure to liquid), then additional charges not shown in the Service Estimate may apply. In that case, City Repair will notify you of the additional charges before starting work on your device. Service on Your Device will not begin unless and until you authorize the additional charges. If you receive a loaner device to use while Your Device is being serviced, and you lose or damage that Loaner Device, you will be charged and liable for the retail price of the Loaner Device.
Data on Device:
You are solely responsible for backing up any data on Your Device and deleting, encrypting, or otherwise protecting your data from unauthorized use. City Repair will not back up or restore your data and is not responsible for any data that is lost or corrupted. City Repair will treat data on your device as confidential to the best of its capacity and disclaims any agreement with you or other obligations to do so.
City Repair Responsibilities & Limited Warranty:
City Repair may use rebuilt, reconditioned, or new parts or components when repairing Your Device. Repaired/replaced cases, pouches, and holsters will be warranted for ninety (90) days. All other repaired/replaced devices will be warranted for a period equal to the remainder of the applicable manufacturer’s original Limited Warranty on the original device if any, or for ninety (90) days (or one year for all applicable “premium” and “premium plus” repairs), whichever is longer. If Your Device should malfunction, it must be returned to the City Repair store or service center for evaluation, and all costs of shipping will be borne solely by the purchaser. City Repair’s customer service department will diagnose the repair upon receipt. Upon examination by City Repair, if Your Device is found to be defective it will be repaired based on the warranty coverage applicable to the device. This warranty does not apply to defects resulting from any action by you, including but not limited to mishandling, physical damage, water damage, improper interfacing, operation outside of design limits, improper repair by someone other than City Repair, use of any other product other than City Repair products, or unauthorized modification. This warranty is VOID if Your Device shows evidence of having been tampered with (broken seal) or shows evidence of being damaged as a result of excessive corrosion; or current, heat, moisture or vibration; improper specification; misapplication; misuse; abuse or other operating conditions outside of City Repair’s control. Software warranty applies to factory restores, backups, jailbreaks, unlocks, and applies to computers, laptops, cellular phones, etc. The warranty is VOID if the 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 City Repair. City Repair employees reserve the right to VOID its warranty if any improper software installations or modifications have been made after the customer has left the store location. Unless otherwise required by law, all replaced devices, parts, components, boards, and equipment will become the property of City Repair, and you waive all rights you may have under state or other laws to the replaced device or repaired or replaced parts. Subject to paragraph 2 above regarding data, City Repair will be responsible to the extent provided under applicable law for the physical safekeeping of Your Device while in City Repair’s possession for Service. If Your Device is lost or damaged while it is in City Repair’s possession for Service, City Repair will repair Your Device or replace it with an equivalent device, which at City Repair’s option may be new or refurbished. If you fail to pick up your device or otherwise arrange for its return after repeated efforts to contact you, after thirty (30) days following the completion of repairs City Repair will treat the device as abandoned and may dispose of the property in its sole discretion under applicable provisions of law, including sale to recoup administrative and repair costs.
LIMITATION OF LIABILITY/INDEMNITY:
THE LIMITED WARRANTY STATED ABOVE SETS OUT THE FULL EXTENT OF CITY REPAIR’S RESPONSIBILITIES, AND THE EXCLUSIVE REMEDY REGARDING WORK PERFORMED OR PARTS SUPPLIED BY CITY REPAIR IN CONNECTION WITH THE SERVICE ON YOUR DEVICE. ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THE LIMITED WARRANTY. IN NO EVENT WILL CITY REPAIR BE LIABLE FOR DAMAGES OVER THE TOTAL AMOUNT DUE FOR THE SERVICE, INCLUDING WITHOUT LIMITATION, COMMERCIAL LOSS OF ANY SORT; LOSS OF USE, TIME, DATA, REPUTATION, OPPORTUNITY, GOODWILL, PROFITS OR SAVINGS; INCONVENIENCE; INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES; OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE PRODUCT. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE DISCLAIMER OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. CITY REPAIR IS NOT LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE TO THE EXTENT CAUSE BY CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL. YOU AGREE TO INDEMNIFY CITY REPAIR FROM AND AGAINST ANY CLAIMS BROUGHT AGAINST IT ARISING FROM YOUR BREACH OF APPLICABLE LAW OR THESE TERMS AND CONDITIONS.
No agent, employee, dealer, representative or reseller is authorized to modify these Terms and Conditions, to extend the Limited Warranty above or to make binding representations or claims, whether in advertising, presentations or otherwise, on behalf of City Repair regarding the Service.
You and City Repair agree that we intend that these Terms and Conditions be enforceable under their terms to the fullest extent permitted by law. You and City Repair agree that if any portion of these Terms and Conditions are adjudged by a court or arbitrator to be invalid or unenforceable, that adjudication will not invalidate the remainder of these Terms and Conditions and they will be fully enforceable.
To the extent permitted by applicable law, these Terms and Conditions state all terms agreed by the parties and supersede all other agreements by the parties relating to its subject matter.
Meta – Data
You understand and agree City Repair will collect Meta – Data logs during diagnostic evaluation to improve the overall future functionality of the diagnostic tool and symptom evaluation in the repair process. The data collected will be used solely by City Repair to enhance and improve this process, may be shared with City Repair affiliates, and will not be distributed further without your consent. Data types that may be collected from your device include the device phone number, device model number, device IMEI, device serial number, downloaded applications & their respective settings and host applications & their respective settings.
Applicable Law & Dispute Resolution:
The formation, existence, construction, performance, validity and all aspects whatsoever of these Terms and Conditions will be governed by the laws of the State of Queensland, Australia without reference to its choice of laws principle; ALL DISPUTES WITH CITY REPAIR ARISING IN ANY WAY FROM THE SERVICE, INCLUDING THE ISSUE OF ARBITRABILITY, WILL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, AND NOT BY A COURT OR JURY. Any such dispute will not be combined or consolidated with a dispute involving service provided to any other person or entity, and specifically, without limitation of the foregoing, will not under any circumstances proceed as part of a class action or class arbitration. The arbitration will be conducted before a single arbitrator, whose award may not exceed, in form or amount, the relief allowed by the applicable law. The venue for all arbitrations will be in Brisbane, Queensland, Australia. The arbitration will be conducted according to the Australian Consumer Law will apply to consumer disputes and is entered according to the Australian Consumer Law. The arbitrator will decide all issues of interpretation and application of this arbitration provision and the Terms and Conditions. Judgment may be entered on the arbitrator’s award in any court of competent jurisdiction. This arbitration provision also applies to claims against City Repair’s employees, representatives, and affiliates if any such claim arises from the Service.
You may opt-out of this dispute resolution procedure by providing notice to City Repair no later than 30 calendar days from the date of this Service Authorization. To opt-out, you must send notice by email to firstname.lastname@example.org, with the subject line: “Arbitration Opt Out.” You must include in the opt-out e-mail (a) your name and address; (b) the date of this Service Authorization; (c) the model name or model number of Your Device; and (d) the IMEI or MEID or Serial Number, as applicable, if you have it (the IMEI or MEID or Serial Number can be found (i) on the Product box; (ii) on the Product information screen, which can be found under “Settings;” (iii) on a label on the back of the Product beneath the battery, if the battery is removable; and (iv) on the outside of the Product if the battery is not removable). Alternatively, you may opt-out by calling us no later than thirty (30) calendar days from the date of this Service Authorization and providing the same information. These are the only two forms of notice that will be effective to opt-out of this dispute resolution procedure. Opting out of this dispute resolution procedure will not affect the Service or the Limited Warranty above for parts and labor, and you will continue to enjoy the benefits of the Limited Warranty.
The personal information you provide on this form (such as an e-mail or mailing address) will be used only to fulfill the service you have requested; City Repair will not sell, rent, or otherwise disclose such information (except as needed to City Repair service vendors) without your prior approval.
The Use of this Website is subject to the following Terms of Service:
CITY REPAIR offers this website (www.CityRepair.com), including all information, software, products, and services available from this website or offered as part of or in conjunction with this website, to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies, and notices stated on this website.
Your continued use of the website constitutes your agreement to all such terms, conditions, and notices, and any changes to this Terms of Service made by CITY REPAIR.
The term” CITY REPAIR” or “us”, “we”, or “our” refers to the owner of this website. The term “you” refers to the user or viewer of this website.
Use the website at your own risk. This website is provided to you “as is” without warranty of any kind either express or implied. Neither CITY REPAIR nor its employees, agents, third-party information providers, merchants, licensors, or the like warrant that the website or its operation will be accurate, reliable, uninterrupted, or error-free. No agent or representative has the authority to create any warranty regarding the website on behalf of CITY REPAIR. CITY REPAIR reserves the right to change or discontinue at any time any aspect or feature of the website.
LIMITATION OF LIABILITY:
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we will not be liable. It will be your responsibility to ensure that any products, services, or information available through this website meet your specific requirements. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, and graphics. Reproduction is prohibited other than under the copyright notice, which forms part of this Terms of Service.
All trademarks reproduced in this website which is not the property of, or licensed to, the operator is acknowledged on the website.
Unauthorized use of this website may give rise to a claim for damages, be a criminal offense, or both.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the linked website(s). We have no responsibility for the content of the linked website(s).
Except for material in the public domain under Australian copyright law, all material contained on the website (including all software, HTML code, Java applets, Active X controls, and other code) is protected by Australian and foreign copyright laws. Except as otherwise expressly provided in this Terms of Service, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the website without the prior consent of CITY REPAIR.
None of the material contained on the website may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold, or redistributed without the prior written consent of CITY REPAIR. Violation of this provision may result in severe civil and criminal penalties.
Changes to Terms of Service
CITY REPAIR reserves the right, at any time, to modify the terms this Terms of Service, by making those modifications available on this website or by providing notice to you. Any modification will be effective immediately upon posting on this website or other such notice. You are deemed to have agreed to such modification through your continued use of the products or services.
Waiver and Severability
CITY REPAIR’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the invalidity of such provision will not affect the remaining provisions of these Terms of Service, and all provisions not affected willfully remain in full effect possible consistent with the intent of the parties.
TERMS AND CONDITIONS FOR GOODS SOLD BY CITY REPAIR FROM CITYREPAIR.COM.AU
These Terms and Conditions constitute a legally binding contract between the customer (“you”) and City Repair (“City Repair”) and apply to the ordering purchase, fulfillment, and delivery of goods (“Goods”) from city repair.com.au/. By placing an order for Goods from City Repair you agree to these Terms and Conditions.
Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about the ordering, processing, fulfillment, and delivery of Goods.
In these Terms and Conditions:
“Account” means a personal account created by you on the Website;
“Additional Delivery Charge” has the meaning given in Section 3.4;
“Delivery Charge” has the meaning given in Section 3.3;
“Delivery Options” means the delivery options available for an Order which is listed on the Website, as updated from time to time. The delivery options available for an Order will vary depending on factors such as the nature of the Goods you are purchasing and your delivery address. Delivery options may include standard delivery, express delivery, or same-day delivery. Delivery Charges and estimated delivery times may vary for each Delivery Option; “International Delivery Charges” has the meaning given in Section 3.5;
“Order” means an order for Goods, placed on the Website;
“Password” means the password needed to access your Account;
“Pre-Orders” means an Order placed for a product (e.g. Phone Accessory, Computer, Mobile Phone) before the official release date of that product;
“Restricted Goods” means Goods which are only intended to be viewed, played, listened to or otherwise utilized by a person of at least a certain age;
“Selected Delivery Option” has the meaning given in Section 9.7; and
“Website” means city repair.com.au/.
Your purchase of Goods will be subject to certain laws including, without limitation, the Australian Consumer Law. The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the Goods must be of acceptable quality, reasonably fit for the purpose that City Repair represents they will be fit for and that the Goods will correspond with any relevant description. Nothing in these Terms and Conditions shall be read or applied to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.
3.1 Prices for Goods are as shown on the Website.
3.2 City Repair reserves the right to change the prices of Goods at any time without notice to you. The price displayed at the time that you place your Order will continue to apply to you even if the price changes before your order is accepted by City Repair.
3.3 In addition to the price for the Goods, you will also need to pay the listed delivery charge (if any) (“Delivery Charge”) for your Selected Delivery Option. Any Delivery Charge will appear in your shopping cart.
3.4 In addition to the price for the Goods and the Delivery Charge (if any) you may also need to pay any additional delivery charges which are not shown in your shopping cart but which we incur because you live in an area where light aircraft or barge transport is required, or to which our national courier company does not provide door-to-door service (“Additional Delivery Charge”). If you live in an area to which an Additional Delivery Charge will apply City Repair will contact, you before accepting your Order and provide you with a quote for the Additional Delivery Charge. If within the timescale specified, you do not agree to accept the Additional Delivery Charge, City Repair will cancel your Order. City Repair will not take payment for your Order until you have confirmed your acceptance of the Additional Delivery Charge.
3.5 If City Repair agrees to deliver Goods outside of Australia, international delivery charges will apply (“International Delivery Charges”). International Delivery Charges, applicable to your relevant country, will appear in your shopping cart.
3.6 By placing an Order you agree to pay the price for the Goods, any Delivery Charge, any Additional Delivery Charge, and any International Delivery Charge.
3.7 All prices and Delivery Charges, Additional Delivery Charges, and International Delivery Charges quoted are in Australian dollars and are inclusive of GST.
4.1 If you do not already have an account you will need to create one before placing an Order.
4.2 You may not set up an Account for someone else.
4.3 Please ensure that you enter all information carefully when creating an Account. You warrant to City Repair that all information provided by you about your Account is complete, true and accurate
4.4 You must notify City Repair immediately if you become aware of any actual or potential unauthorized use of your Password or Account.
4.5 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), City Repair will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of: (i) your Account information being incomplete or inaccurate; or (ii) any unauthorized use of your Password or Account, which takes place before you notify City Repair, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
4.6 If City Repair suffers any loss, damage, cost, or expense as a result of any unauthorized use of your Password or Account, which takes place before you notify City Repair then you must pay City Repair the amount of that loss, damage, cost or expense if City Repair asks you to.
5.1 You can place an Order by following the instructions on the relevant City Repair website.
5.2 An Order submitted by you is an offer by you to purchase the Goods for the price plus the Delivery Charge as shown at the time of submission of your Order and any applicable Additional Delivery Charge or International Delivery Charge. City Repair may accept or reject your offer in its absolute discretion. In particular, but without limitation, City Repair may reject Orders for commercial quantities of Goods. If you wish to order commercial quantities of Goods, please contact City Repair.
5.3 Each Order that you place will, if accepted by City Repair, be a separate and binding agreement between you and City Repair concerning the supply of the relevant Goods, under these Terms and Conditions.
5.4 If you place an Order for someone else to receive the Goods you must obtain their consent before providing City Repair with their personal information and, by placing an Order, you confirm to City Repair that you have done this.
5.5 Sale of Restricted Goods is subject to various Commonwealth, State, and Territory laws. By placing an Order for any Restricted Goods, you warrant to City Repair that you are:
(a) 18 years of age or older, where you Order products that are classified R18+;
(b) 15 years of age or older, where you Order products that are classified MA15+.
When placing an Order for Restricted Goods you warrant that you are not obtaining the Restricted Goods on behalf of a person that is not eligible to purchase the Restricted Goods themselves.
5.6 For “Factory Scoop” Goods, a limit of one per customer applies.
5.7 Please ensure that you enter all information carefully when placing an Order. You warrant to City Repair that all information provided by you about each Order is complete, true, and accurate.
5.8 Please check your Order and Selected Delivery Option carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or canceled once the Order has been accepted by City Repair. City Repair will use reasonable endeavors to cancel or change the Order if it has not already been shipped but makes no representation that it will be able to do this.
5.9 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), City Repair will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by City Repair, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
5.10 Where you place separate Orders the Goods will be delivered separately and a separate Delivery Charge (and Additional Delivery Charge/ International Delivery Charge if applicable) will apply to each Order. City Repair cannot consolidate separate Orders into one delivery.
5.11 Where you order more than one item in one Order, all Goods for which your Order is accepted at the same time will be dispatched together where practicable. However, in some cases Goods may be dispatched separately, for example: where the goods are being dispatched from different locations; where the Goods are of different types (e.g a mixture of hardware and software); or where the Goods have different availability statuses. Please note that a Delivery Charge is calculated based on several factors including the Good’s weight, dimensions, packaging, the number of delivery shipments required, and the Selected Delivery Option.
5.12 You acknowledge that all Goods that you Order are intended for personal, domestic, non-commercial use only.
5.13 The internet can be an unstable, and sometimes insecure, marketplace. At times the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed.
5.14 You must take your precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system, and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference.
5.15 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), City Repair will not be liable to you, or any other person, for any loss, damage, cost or expense arising out of or in connection with of any of the events set out in Section 5.13 or arising out of or in connection with you accessing the Website, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
6.1 When you submit an Order you will receive an Order reference number via e-mail.
6.2 City Repair will process payment for your Order when, or shortly after, you place your Order (except to the extent set out in clause 3.4). Your Order is deemed to be accepted by City Repair when City Repair does this, however, City Repair may, in certain circumstances, cancel your Order after acceptance as set out in these Terms & Conditions. If City Repair cancels your Order having already processed the payment, it will refund payment under Section 13.1. Section 6.2 does not apply for Pre-Orders which you are paying for by credit card.
6.3 If you are paying for a Pre-Order by credit card, City Repair will take a $1 pre-authorization from your card when, or shortly after, you place your Order. However, actual payment is not taken at this time and is made under clause 6.4 below
6.4 If you are paying for a Pre-Order by credit card, City Repair will take payment for your Order immediately before dispatch of the Goods to you. Your Order is deemed to be accepted by City Repair when City Repair does this.
6.5 If the price of a Pre-Order is permanently reduced between the time that payment is taken according to Section 6.2 above and the time of the dispatch of the Pre-Order, the amount of the price reduction will be refunded to you. For PayPal account payment the time that it takes for the refund to take effect is likely to be between 1 and 10 days and will depend upon how quickly PayPal processes the cancellation. For City Repair Gift Card payment, the time that it takes for the refund to take effect is likely to be between 5-10 days.
6.6 When City Repair accepts an Order it represents an agreement by City Repair to supply the Goods to you under your Order subject to receiving payment from you and subject to these Terms and Conditions.
6.7 You must pay for Goods by credit card (Visa or Mastercard), certain prepaid payment cards, PayPal account, or by City Repair Gift Card. If the name on the credit card/payment card/account does not match the name on the Order, City Repair may refuse to accept your order or ask you to provide additional information (for example, proof of identity documents) under its fraud detection processes. By providing your credit card/payment card/gift card you authorize City Repair to deduct the price and the applicable delivery charge(s) from such card.
6.8 City Repair reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion.
6.9 City Repair may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation: (a) where our fraud detection systems detect possible irregularities; (b) because your financial institution has declined payment; or (c) because your payment card has expired. Where this is the case, City Repair reserves the right to cancel your Order and/or place your Order on hold and request you to provide additional information (for example, proof of identity documents) or arrange payment by another method.
6.10 Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you by email.
7.1 City Repair reserves the right to cancel, at any time before delivery, and for whatever reason, an Order that it has previously accepted. City Repair may do this for example, but without limitation, where:
(a) City Repair’ suppliers are unable to supply Goods that they have previously promised to supply;
(b) an event beyond City Repair’ control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that City Repair is unable to supply the Goods within a reasonable time;
(c) Goods ordered were subject to an error on the Website, for example, about description, price or image, which was not discovered before the Order being accepted;
(d) you ask City Repair to cancel your Order under section 5.8; or
(e) in the circumstances set out in Sections 3.4 or 6.9.
7.2 You may cancel your Order where City Repair:
(a) has breached a material term of this Agreement;
(b) is not able to deliver your order within a reasonable time of the estimated delivery time listed on the Website for the applicable Selected Delivery Option, other than a result of any delay: (i) for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods; or (ii) which was outside City Repair’ control including the situations set out in Sections 7.1(a) and (b) above.
7.3 Where City Repair cancels your Order after acceptance it will send you an e-mail notifying you of cancellation.
7.4 In the event of City Repair or you are canceling your Order after payment has been processed, City Repair will refund any money paid in respect of that Order. Section 13 of these Terms and Conditions set out further information about refunds.
7.5 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, City Repair will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the cancellation of your order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
8.1 As City Repair is dependent upon its Suppliers to provide stock, City Repair cannot always guarantee availability. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. City Repair reserves the right to withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), City Repair will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Goods at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
8.2 Goods that are shown on the Website as “Refurbished Stock” are Goods which have a cosmetic blemish or imperfection such as a scratch, dent, or rub mark, have had a fault that has now been repaired by the manufacturer, or are ex-display models. All Refurbished Stock is in perfect working order and comes with the standard manufacturer’s warranty in addition to any statutory rights which apply.
9.1 Risk and title in Goods passes to you on the date and time of delivery of the Goods to the delivery address provided in your Order.
9.2 Goods will generally only be delivered to addresses within Australia. City Repair is unable to deliver to certain parts of Australia and where this is the case you will not be able to process your order through the website. City Repair may, in its absolute discretion, agree to accept Orders for software products for delivery outside Australia but is under no obligation to do so.
9.3 Where requested, City Repair will deliver to PO Boxes or Postal Lockers in Australia where possible based on the size of the Goods. Where it is not possible to deliver the Goods to a PO Box or Postal Locker and you have input a PO Box or Postal Locker as the delivery address when placing your Order, City Repair will call you to arrange an alternative delivery address.
9.4 Following dispatch of your Goods, City Repair will email you with confirmation of dispatch and an invoice for your Order.
9.5 On delivery you may be required to sign a proof of delivery document. If you are not available to take delivery, we will, at our discretion, either:
(a) take your Goods to our delivery service provider’s local depots;
(b) take your Goods to a City Repair nominated alternate delivery point that is close to your delivery address (e.g. pharmacy, petrol station, post office or newsagent); or
(c) re-deliver your Goods to your delivery address at a later date.
You will receive a text message and/or a calling card at your delivery address containing details of the local depot, alternate delivery point, or contact details for you to arrange for re-delivery of your Goods. Please note that if you do not pick up your Goods from the nominated alternate delivery point within the period specified in the text message and/or calling card, your Goods will be taken to one of our delivery service provider’s local depots for you to pick up at your convenience.
9.6 If you require Goods that you have ordered to be re-directed to an address which is not the original Order address, and such Goods have already been dispatched, City Repair will use reasonable endeavors to re-direct the Goods to your requested address and may charge you a reasonable fee for doing this.
9.7 When you place an Order for Goods to be delivered, you will be required to select one of the available Delivery Options for your Order. Estimated delivery time will be listed for the Delivery Option that you select (“Selected Delivery Option”) for your Order. City Repair will use reasonable endeavors to deliver the Goods in your Order by the estimated delivery time for the Selected Delivery Option. If certain Goods in your Order are out of stock, the Selected Delivery Option will list different estimated delivery times for those out of stock Goods. Please note that the estimated delivery time for your Selected Delivery Option is approximate only and is not a guaranteed delivery time for your Order.
9.8 City Repair’ arrangements with its suppliers mean that City Repair is only permitted to dispatch online Pre-Orders no earlier than one day before the official release date of the Goods offered for Pre-Order. Goods ordered up to 7 days before the official release date are (unless otherwise advised) guaranteed to be despatched from our warehouse no later than one day before the official release date, and will be delivered to your designated delivery address within Australia following your Selected Delivery Option for those Goods. Goods ordered within 7 days before the official release date may not be despatched until after the official release date.
10.1 Many Goods can be picked up from a City Repair store rather than being dispatched to you. Where you wish to do this you will need to nominate this option when you place your order. Please note that some Goods are not available for pick up from the store.
10.2 Only the relevant City Repair Account holder may pick-up in-store Goods ordered on that Account.
10.3 If you choose to pick up your order in store, your Order should be available for pick up in-store:
10.4 When picking up Goods in store:
(a) you must provide photo identification (current driver’s license, passport, or Key-pass) to store staff to verify that you are the purchaser. If requested, you must allow City Repair to take a copy of this identification for fraud prevention purposes. The copy will not be used by City Repair for any other purpose or disclosed to any person outside of City Repair;
(b) store staff will also check your signature against the signature on any credit/debit/payment card used to purchase the Goods. You must, therefore, ensure that you bring this card when picking up the Goods;
(c) you will also need to bring the email that City Repair has sent to you confirming that the stock is available for pick-up, and
(d) store staff have the right to refuse collection of Goods if you cannot or will not satisfy the requirements set out above. In this event, City Repair will contact the person who placed the Order using the contact details provided.
10.5 In respect of the estimated time for collection, references to “same day” or “next day” on the Website exclude public holidays where City Repair does not trade in the State or Territory of your nominated collection store.
11.1 You agree and acknowledge that:
(a) City Repair does not guarantee the dispatch or delivery or availability of Goods within the time frames set out in Sections 9.7 – 9.8 or 10.3 above, estimated delivery times listed for the Delivery Options or the Selected Delivery Option for your Order or any other time frames otherwise specified by City Repair or any of its staff;
(b) stock availability and events outside City Repair’ control may cause delays, or in some circumstances, prevent your Goods from being delivered or available for pick-up in-store;
(c) delays are particularly likely to occur during busy sale periods such as those around Christmas, Easter and public holidays; and
(d) except to the extent expressly set out in these Terms and Conditions or otherwise required by law (including, without limitation, the Australian Consumer Law), neither City Repair nor any of its agents will be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to you or delay in the availability of Goods for pick up in-store, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
12.1 The terms and conditions for City Repair gift cards can be found on the City Repair website.
13.1 Where City Repair is obliged to refund your payment under these Terms and Conditions, City Repair aims to initiate your refund within 3 to 7 business days (Monday – Friday 9 a.m. to 5 p.m. AEST). The additional time that it takes for you to receive your refund will depend upon how quickly your financial institution processes the refund. Please note that if City Repair is obliged to provide you a partial refund of your payment for specific Goods in your Order, we will only refund the component of the Delivery Charge relating to the Goods which are subject to the refund.
13.2 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), City Repair will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
14.1 You should check your Goods as soon as they are delivered to you to ensure that: (i) they are what you ordered; and (ii) they are not damaged or faulty. If this is not the case you should contact City Repair as soon as possible.
14.2 If you have a problem with any Goods or otherwise wish to return them please refer to City Repair’s return policy which forms part of these Terms and Conditions. Please note that, in addition to contacting the manufacturer or any City Repair store, you can also contact us on cityrepair.com.au/.
14.3 When returning Goods:?
(a) please provide City Repair with your proof of purchase;
(b) it is a requirement for the fulfillment of refunds, exchanges, and warranties that Customers use their best endeavors to return all out-of-the-box accessories (such as power cords and batteries) supplied at the time of original purchase.
Customers are also encouraged to use the original packaging where possible to avoid damage in transit.
14.4 You may not be entitled to any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Goods themselves.
15.1 To the full extent permitted at law, City Repair is not liable for any loss of profit, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss of goodwill, loss of reputation, the cost of obtaining replacement or alternative goods or the cost of other remedial measures, or for any indirect, special, economic or consequential loss, arising in connection with any Order or Account.
18.1 City Repair reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the Website. The Terms and Conditions which apply at the time that you place your Order are the Terms and Conditions which will apply to your Order.
18.2 Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for that jurisdiction, if possible, to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.
18.3 These Terms and Conditions are governed by the laws of Queensland, Australia.
These terms and conditions govern the relationship between City Repair and the Customer in the provision of the Services. The Customer agrees to be bound by all terms and conditions to continue the booking for Services.
2. Customer means the person engaging between City Repair to provide the Services and any third party whom the Customer has expressly or impliedly authorized to act on their behalf.
3. The faulty part means a part that is deemed to be faulty and/or working incorrectly as determined by City Repair, the manufacturer, and its authorized service providers.
4. Personal Information means all information provided by the User to City Repair in connection with these Terms where such information is identified as confidential at the time of its disclosure or ought to be reasonably considered confidential based on its content, nature or the manner of its disclosure, but excluding:
(a) information that enters the public domain or is disclosed to a party by a third party, other than through a breach of these Terms; and
(b) information developed independently by a party.
5. Services mean the booking for repair services, check repair status services provided by City Repair through the Site. This includes Services currently offered by City Repair and any Services or products that City Repair may choose to offer in the future.
6. TAT means Turnaround Time.
SERVICE FEES AND QUOTES
2. A nominal service and inspection fee of $20 for mobiles, $30 for tablets, and $50 for laptops will be charged for a rejected quote.
3. City Repair will charge an inspection fee of $20 for mobiles, $30 for tablets, and $50 for laptops that we’re unable to repair successfully, or the Customer may waive the payment of this service fee instead of handing the title of the Customer’s device to City Repair.
4. You may reject quotes if there is a mistake or error on the promotions and specials listed on the City Repair website. We will waive the service fee at this event.
2. The Customer acknowledges and agrees that a repair by City Repair (a third-party repairer, i.e. not accredited by the Customer’s device’s manufacturer):
3. May void the Customer’s device’s manufacturer’s warranty; or
4. May void out of warranty service or support by the Customer’s device’s manufacturer: or
5. May void waterproof warranties provided by the manufacturer.
6. The Customer acknowledges and agrees that City Repair may need to use the Customer’s device and sim card to make test calls at the Customer’s expense.
7. If City Repair, the manufacturer or its authorized representative, or an appointed repair center by City Repair, in their sole discretion finds that City Repair is responsible for damage, or further damage to the Customer’s device which causes the device to have other issues or become irreparable, then City Repair will either repair the damage, or issue the Customer a replacement device, or pay an amount equivalent to the market value of the device when it was brought in for repair, at its election. However, the Customer acknowledges and agrees that:
(i). If the device is opened or in any way tampered with after the repair has been completed (which City Repair shall decide);
(ii). If the device suffered impact damage, liquid damage, or any other fundamental problems at the time it was brought in to City Repair for repair;
(a) if City Repair is unable to repair the fault on the device and a further fault related to the original fault surfaces;
(b) if the device was disassembled at the time it was brought in to City Repair for repair; or
(c) if the Customer provided the parts to be used for the device at the time it was brought in to City Repair for repair,
then City Repair will not be liable for any damage to or malfunctioning of the device.
(iii). The Customer acknowledges and agrees that the Customer’s device may have other additional faults than those first diagnosed. We are not responsible for a device that, upon examination has further faults and/or damage which results in the device subsequently not operating at all or not operating in the manner in which it did before City Repair examining it.
8. TAT provided is an estimate only. City Repair will not be liable for any loss or damage for any reasonable delays in the TAT. Any changes to the TAT will be relayed to the Customer. The TAT may be longer than expected depending on various factors, including but not exclusive to the complexity of the faults, availability of parts, or damage during the repair process. TAT for any rework or warranty claims may take longer than standard repair TAT.
9. Parts may be faulty, incorrect, or out of stock. If City Repair needs to order in new parts for the Customer’s repair, City Repair will advise the Customer and provide the Customer with a new TAT for the completion of the repair. The Customer is not automatically entitled to a discount when this occurs.
10. Parts for devices presented for repair may be replaced with new or refurbished parts of the same type rather than being repaired. All cosmetic or visible parts used in the repair are new when purchased from the manufacturer or its authorized representatives. From time to time, depending on availability, refurbished parts may be used to repair the Customer’s device. For all cosmetic or visible parts that require replacement, City Repair will not seek the Customer’s approval before using the refurbished parts unless the refurbished parts look visibly refurbished.
11. City Repair may give discounts on orders on a case by case basis.
2. City Repair makes no guarantees that any loan equipment is identical to or similar to the Customer’s device or that they are available at any time.
3. If the Customer loses and not return or damage or in any way materially alter the loan equipment while it is in the Customer’s possession, City Repair will charge the Customer a surcharge for its replacement.
2. City Repair will not back up the Customer’s device unless specifically requested by the Customer and this is recorded on the prima facie City Repair receipt before the start of the repair process.
3. City Repair will attempt to back up the Customer’s data during the repair process if we believe there is a higher risk for loss of data during the repair process.
4. If the Customer requests City Repair to back up their data or another aspect of their device, the Customer acknowledges and agrees that City Repair does not and cannot guarantee that the data, etc. will be backed up accurately or at all. The customer is responsible for all data before and after the repair of the device whether or not it has instructed City Repair to back up the device.
2. During the repair process, we may require access to the Customer’s information/application to complete the repair.
3. By submitting the Customer’s device for repair, the Customer acknowledges and consents to the Customer’s email address being included in the City Repair mailing list. City Repair sends out commercial electronic messages to its mailing list for promotional purposes or to update the Customer on any changes in its services and policies. The Customer can unsubscribe to the City Repair mailing list at any time.
4. City Repair may divulge the Customer’s personal information if criminal activity is involved or if requested by law enforcement.
2. The following warranties apply for:
(a) devices with a liquid damage history, City Repair only provides a 30-day warranty on labor and parts used to repair the device;
(b) devices that were previously repaired by another repairer, third parties, or the manufacturer, City Repair only provides a 6 months warranty on labor and parts;
(c) devices that are repaired using parts provided by the Customer, City Repair provides no warranty on labor and parts;
(d) devices that, in City Repair’s sole discretion, are in bad condition, then City Repair has the option to provide no warranty on labor and parts. In this case, the Customer will be notified by City Repair first before going ahead with the repair.
3. Both the warranties contained in 7.1 and 7.2 do not include any warranties or guarantees that the Customer’s device will continue to function for an indefinite period. City Repair can only provide warranties for the services it has provided the Customer. There may be other issues that contribute to the functioning of the Customer’s device, including but not exclusive to fair wear and tear, age, and environmental factors.
4. City Repair will only repair or replace the parts used in the repair of the device. City Repair sources parts from manufacturers, their authorized representatives, or third-party wholesalers. City Repair can only guarantee that parts sourced from the manufacturers and their authorized representatives as genuine. However, City Repair cannot and does not provide any guarantee regarding the genuineness of parts sourced from third party wholesalers or original parts assembled and sold by third-party wholesalers, and as such, City Repair will not be liable for any loss or damage arising thereof. The Customer is responsible for querying City Repair in person for the types of parts to be used in the repair of the Customer’s device before booking.
If the Customer requires rework of the device due to faulty parts or the Customer is not happy with the result of the repair, City Repair may rework on the Customer’s phone as soon as possible.
City Repair cannot place the rework as a priority due to the queue of orders, availability of parts, or the complexity of rework.
The Customer acknowledges and agrees that the warranty will be void if:
(a) the device is subject to physical damage or liquid damage after repair; or
(b) the device is opened by any third party (excluding any City Repair authorized repair centers or the manufacturer) or the Customer after repair; or
(c) there is physical damage to the parts after repair; or
(d) the parts are damaged by any third party or the Customer after repair not related to the original fault and or the parts replaced.
A replacement part supplied by City Repair during the warranty period shall be covered by the warranty for the unexpired portion of the warranty period which covered the labor and genuine or non-genuine parts used to repair the device.
NON-STANDARD REPAIR WARRANTY
2. Liquid damage repair
(a) The Customer acknowledges and agrees that City Repair and the Customer’s device manufacturer do not recommend repairs on liquid damaged devices.
(b) If the Customer requests City Repair to undertake liquid damage repairs on a device, the Customer acknowledges and agrees that City Repair is not responsible for any damage or problems, whether or not connected to the liquid damage, that may present during or after the liquid damage repairs.
(c) The Customer acknowledges and agrees that the device’s manufacturer warranty has been voided either by liquid damage and or repair by City Repair.
(d) City Repair will charge an inspection fee of $49 for devices City Repair was unable to repair successfully.
(e) City Repair offers a 30-day warranty on liquid damage repairs. If the Customer returns the device within this period, City Repair may assess the device and offer:
(i) a refund of the repair price paid to City Repair less a $49 liquid damage service fee; or
(ii) a full refund subject to the Customer forfeiting the device to City Repair.
3. Glass only repairs
(a) The Customer acknowledges and agrees that City Repair and your device manufacturer do not recommend glass only repairs on screens with glass, digitizer, and LCD attached with clear adhesives (fused screens).
(b) If the Customer requests City Repair to undertake glass only repairs on a device with a fused screen, the Customer acknowledges and agrees that City Repair is not responsible for any damage or problems, whether or not connected to the fused screen, that may present after the glass only repairs.
(c) The Customer acknowledges and agrees that by requesting and allowing City Repair to undertake glass only repairs on the device with a fused screen, the Customer void’s the device’s manufacturer warranty.
(d) City Repair cannot guarantee that parts used in the glass only repair will be genuine. The Customer agrees that if glass for the device is not available, City Repair may remove the assembly and replace it with a similar assembly. The mold assembly is forfeited to City Repair and will be used in other repairs.
(e) The Customer further acknowledges and agrees that there may be visible imperfections after the glass only repairs, including but not exclusive to lifting or damage caused by lifting, scratches on the frame, bezel or LCD, small dust particles under the glass, or glue residue.
(f) City Repair does not provide any warranty on lifting or damage caused by lifting.
(g) City Repair offers a 30-day warranty on glass only repairs restricted only to the functioning of LCD, Touch Screen / Digitiser, and the buttons.
If the Customer returns the device within this period, City Repair may assess the device and offer:
(i) a refund of the repair price paid to City Repair less a nominal service fee under clause 2.3; or
(ii) a full refund subject to the Customer forfeiting the device to City Repair.
2. Where a Customer loses a receipt of the device, City Repair may at its discretion establish the Customers’ title to the device in any reasonable manner it deems fit. If in its reasonable opinion, City Repair establishes title to a device in this manner, City Repair shall in no way be liable to the Customer where it is subsequently determined that City Repair has been a party to fraud or other methods of identity theft.
3. Where a Customer wishes to have a third party pick up a device, City Repair may at its discretion establish the third party’s identification to ensure that it may pick up the device on behalf of the Customer in any reasonable manner it deems fit. If in its reasonable opinion, City Repair establishes the identification of the third party who is to pick up the device for a Customer in this manner, City Repair shall in no way be liable to the Customer where it is subsequently determined that City Repair has been a party to fraud or another method of identification theft.
4. The Customer acknowledges and agrees that the Customer forfeit the Customer’s device to City Repair and City Repair has the right to recycle the Customer’s device within 30 days if;
(a) the contact details the Customer provide City Repair are not correct; or
(b) after the completion of the repair and advice of repair cost, no payment or arrangement for the collection of the device and payment of City Repair’s fees has been received; or
(c) after City Repair has provided a quote and no response has been received; or
(d) after City Repair has advised the Customer that the device is BER and no payment or arrangement for the collection of the device and payment of City Repair’s fees has been received.
5. If the Customer fails to contact City Repair after City Repair has attempted to contact the Customer within these 30 days, the Customer’s conduct will constitute consent to forfeit the Customer’s device to City Repair instead of payment.
LIMITATION OF LIABILITY
2. Without limiting the foregoing, in no event will City Repair’s aggregate liability to the Customer exceed, in total, the market value of the device when it is brought in for repair.
3. The Customer acknowledges and agrees that the scope of service City Repair extends only to the repair of devices. City Repair disclaims any liability for any damage of any kind whatsoever suffered as a result of any third-party software or application installation or operation of third party software or application. All claims relating to third-party software must be made under the relevant third party software end-user license agreements.
These Terms and the documents expressly referred to in them, constitute the entire agreement between the Customer and City Repair and supersede all previous discussions, correspondence, negotiations, previous arrangements, understanding, or agreement between the Parties relating to the Services.
The Parties each acknowledge that, in entering into these Terms, neither of the Parties relies on, and subsequently will have any remedies for, any representation or warranty that is not set out in these Terms.
GOVERNING LAW AND JURISDICTION
If you have any questions about this warranty, terms of service, the practices of this site, or your dealings with this site, please contact us at: