Terms and Conditions
By leaving your device with eServe, you agree to all the following terms and conditions of service.
1. Communications Policy: By visiting eServe store (online or physical), chatting online with our agents, sending/receiving SMS, calling us or sending e-mail to us, you are communicating with us electronically. By doing so, you permit to receive communication from us electronically. We will communicate with you by the above mentioned means of communication. You agree that all agreements, notices, disclosures and other documents we provide you electronically satisfy any legal requirement that such communication does.
2. Applicable Law: By visiting eServe, you agree that the laws of New Zealand, without regard to principles of conflict of laws, will govern these Conditions of Use, and any dispute of any sort that might arise between you and eServe or its associates.
3. Consumer Guarantees Act 1993: Nothing in the Sales Terms is intended to have the effect of contracting out of the Consumer Guarantees Act 1993 (“Act”) except to the extent permitted by the Act, and the Sales Terms are to be modified to the extent necessary to give effect to that intention. Where the Act applies to these Sales Terms: If the products are acquired by you for business purposes, you agree that the Act does not apply; and if the products are not acquired by you for business purposes, we reserve the right to replace any Products which fail to comply with any guarantee contained in the Act. You acknowledge that we do not provide any Express Guarantees (as defined in the Consumer Guarantees Act 1993) other than those expressly confirmed by us in writing.
4. Disputes: For any reason, if the client disagrees to pay the amount approved for repairs, then eServe holds the right to sell the device and recover the expenses incurred. Any violation of privacy or human rights or any racist comment from client will lead to a service decision by the staff. Any dispute related in any way to your visit to eServe or to products you purchased through eServe shall be submitted to confidential arbitration in New Zealand, except that, to the extent you have in any manner violated or threatened to violate eServe’s intellectual property rights, eServe may seek injunctive or other appropriate relief in any court in New Zealand, and you consent to exclusive jurisdiction and venue in such courts. The arbitrators’ award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by the applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
5. Free quotes: eServe provides free quotes only if the quote has been approved by the client. Quotes are estimates and depending on the nature of the problem, the cost may differ after attempts of repair. Such cases being rare, a new quote will be provided before any further repairs are undertaken.
6. Free Insurance Claim Report: eServe provides free insurance claim reports only if the quote has been approved by the client or the insurance company. If not approved, then diagnosis fee has to be paid.
7. Payment Policy: Diagnosis fee needs to be paid before the diagnosis starts. The balance payment is due upon completion of the job, prior to release of the device/data. If special provisions are required like shipping etc., the client is responsible for all the costs involved. We do not accept cheques and cash from any client. All credit card payments incur a 3% surcharge. No charges apply on bank transfer and payments made by EFTPOS or Debit Cards.
8. No Fix No Charge: No Fix-No charge policy applies only on repair and service charge, and excludes initial diagnosis fee.
9. Diagnosis Fee: It is the non-refundable fee that is paid up-front. This fee covers the time spent by the technicians/engineers/admin in processing, disassembling and diagnosing the device to find the possible reasons of device failure.
10. Priority Fix: Priority fix repairs take time ranging from 1 hour to 4 hours. This depends on the availability of required parts and the complexity of the job undertaken.
11. Clients Data/Peripherals: eServe is not liable for any loss of data during servicing of a computer or any other device. For data recovery jobs, we guarantee the confidentiality of data. We do not guarantee any confirmation for possibility of recovery or well-being of the device/storage media. We recommend backing up of your personal data and removing all SIM cards, memory cards and any other peripherals before servicing.
12. Customer Satisfaction Guarantee from eServe: eServe provides 90 days’ guarantee on all hardware repairs. If the repaired hardware fails within 90 days of the repair for any non-user caused reason, we will fix the problem again for FREE. Software repairs do not come with any warranty as they can be easily damaged by virus attacks or by other means depending on the exposure of the device to the internet. Physical, software, liquid or power surge damages are not covered under any guarantee/warranty from eServe. Although we will use all reasonable endeavours to provide you the desired service outcome, a number of potential issues relating to your device (including make, type, any prior damage, software installed, any viruses etc) will not permit us to guarantee that we will be able to provide any particular service outcome.
Parts Used: eServe uses factory original genuine parts for majority of the repairs. Exceptions include the glass for a few models of iPads and iPhones, where the originals are no longer available. We use OEM parts for replacing iPhone and iPad glass.
13. Guarantee/Warranty Terms: 90 days’ guarantee/ warranty only covers faulty products which have been used for the intended purpose. Please talk to your insurance advisor for any software, physical or surge damage related issues as warranties do not cover these. If the warranty claim has been exercised, then client would need to wait for a reasonable time (approximately two-three weeks) for the complete diagnosis to establish the reason for failure and may incur extra charges depending on the cause of the failure. Product has to be returned to our service centre for diagnosis/repair for coverage under warranty. User will bear the cost of shipping/transport during the warranty cover process. Warranty and other terms and conditions follow and have been extracted from Consumer Guarantees Act.
14. Software Repair Guarantee: Any type of Virus /Malware /Spyware /Adware /Trojans /Software Updates /New Applications added/ Existing Application Changes /Drivers Update variances that can corrupt an Operating System or any other software are not covered under any guarantee/ warranty.
15. Devices Exposed to Liquid: We repair all electronic devices that have been exposed to liquid. We offer only 30 days’ warranty on all repairs related to liquid damage. Electronic devices repaired within 72 hours of the first liquid exposure have the highest probability of getting repaired.
16. Non-stated Issues: Issues not stated by client would not be diagnosed and eServe is not liable for anything other than the stated issues. Client must highlight each and every issue that needs to be diagnosed and repaired. Anything not stated is beyond the scope of the diagnosis process and will not be covered under the guarantee either.
17. Device Storage Policy: If the device has not been collected within 30 days after the quote or repaired acknowledgement from eServe, then eServe holds the right to recycle the device and is not liable to any client or third party.
18. Shipping/Courier Policy: Any loss during shipping is not the liability of eServe. We use GoSweetSpot. Any loss or damage during shipping is to be claimed from GoSweetSpot and is subject to the claim policies of GoSweetSpot. If we receive the device in a damaged state, we will return it to the client for sorting claims with the courier company. Insurance of devices is not a liability of eServe. Note: Any parcel received must be opened and checked in front of the delivery person.
19. Disclosure: eServe is not liable to disclose any information about our suppliers or the type of products supplied to us or any other queries related to parts used/recognition.