TELEPLAN CAMERA REPAIR SERVICES TERMS AND CONDITIONS (the “T&C;”)
1. DEFINITIONS
Customer – shall mean any person or entity that is seeking Services for Product from Teleplan.
Note: Customer may also be referred to as “you” or “your” throughout these T&C.;
Product(s) – shall mean your broken camera or other electronic equipment (if applicable) as stated by you in the Quotation request on Website.
Quotation – shall mean a quotation for Services which can be requested on Website. Such Quotation includes a fee for labor and Services. The Quotation for all Products is free of charge.
Service(s) – shall mean services performed in relation to Product which include: diagnosis, handling, repair, provision of spare parts, testing and return shipment.
Teleplan – shall mean Teleplan Services Logistics Inc. or any affiliated companies.
Website – shall mean the official website of Teleplan for the purpose of Services of Products: www.teleplancamerarepair.com.
2. GENERAL PROVISIONS
Services provided by Teleplan are subject to these T&C.; Teleplan reserves the right at any time to change or modify the T&C; or any part thereof without notice to Customer. The most current version of the T&C; can be reviewed on Website. These T&C; are the only terms and conditions by which Teleplan shall be bound. They supersede all other agreements between the Customer and Teleplan, written or oral, implied by trade custom or course of dealing.
Products have to be sent to Teleplan at the address stated on Website. Camera accessories should only be sent with Product when they pertain to the problem you are having with Product. Teleplan ships to addresses in USA only.
3. ACCEPTANCE
Services requested via Website will only be provided after payment has been received by Teleplan. Such payment is at the same time your acceptance of these T&C;, to which each transaction is subject.
Teleplan reserves the right to refuse any order for whatever reason. In such a case, Teleplan shall refund your money, excluding the return shipment of Product.
4. PRICES
The price of Service depends on the make and model of your camera and the problem you are having with it. As long as the Product and the fault description given to Teleplan with Quotation request is truthful, all Quotes are final. If more faults or other faults than stated by Customer will be found by Teleplan at the receipt of Product, Teleplan reserves the right to vary the price. Customer will be notified of such variation and Customer’s consent will be requested prior to performance of Services. Should Customer reject such new Quotation, Customer will be charged a standard fee for handling, diagnosis and return shipment of Product. The same applies if Product is irreparable due to Customer’s misuse (e.g. due to water damage).
5. PAYMENT
All sums payable in respect of the Services shall be paid by Customer in advance of the Services being performed. All payments to Teleplan must be made by credit card or other means specified by Teleplan on Website and in the currency specified in Quotation. Teleplan requires Customer to make payment of all fees listed in Quotation. The transaction for Services will appear on your credit card invoice as rendered by Teleplan Services Logistics Inc. or Teleplan Camera Repair. All such undisputed payments are hereby accepted by Customer as rightfully charged and Customer carries the burden of proof to the contrary towards the credit card provider.
In the event that legal action is taken by Teleplan against Customer for breach of any payment obligations hereunder or otherwise, Customer shall be responsible for all costs and disbursements incurred by Teleplan (including, but not limited to, legal and/or attorney’s fees) on an indemnity basis.
6. DELIVERY
Teleplan strives to provide you the fastest Service available. Teleplan’s goal is to complete the repair within 14 days. However, parts delays can considerably delay Services. Therefore, no firm repair completion dates can be guaranteed.
At all times you may track the status of your repair under the URL link provided to you in the automated alert message sent to you by Teleplan at the receipt of Product.
7. TITLE AND RISK
Title to Product shall be retained by Customer at all times, but risk of loss or damage to Product shall pass to Teleplan whilst in its premises. All such risk will pass to Customer upon handover by Teleplan to a carrier at its premises. Under no circumstances shall any carrier be deemed to be an agent of Teleplan.
8. WARRANTY
Teleplan warrants that Products, with the exception of software, shall be free from defects in Teleplan’s workmanship and on parts provided by Teleplan for a period of 90 days from the date of receipt of the repaired Product by Customer. Teleplan will at its option either repair, replace or refund the price Customer has paid for Service which has failed within the warranty period by reason of Teleplan’s faulty workmanship provided that:
- Customer notifies Teleplan immediately of the failure and obtains authorization from Teleplan for prompt return of Product, carriage paid by Customer, with a full written report on the failure unless Teleplan agrees to inspect in situ;
- Product has been properly stored, installed, maintained and used having regard in particular to the applicable manufacturer specifications and instructions relating to Product;
- Product has not been repaired or modified by a third party other than Teleplan;
- All warranty seals (if any) on the Product are intact.
This warranty does not apply to:
- periodic maintenance and repair or replacement of parts due to normal wear and tear;
- any consumable supplied with the Product, such as batteries;
- physical damage to liquid crystal displays;
- damage to or loss of any software programs, data or removable storage media.
Further, this warranty does not cover damage due to misuse; connection to incorrect voltage supply; use of Product in conjunction with third party accessories, products or ancillary or peripheral equipment not authorized or recommended by original supplier; attempted repair by any party other than by Teleplan; and/ or accidents, lightning, water, fire or any other such cause beyond the reasonable control of Teleplan.
If, upon inspection, it is found that the returned Products are not defective within the terms of Teleplan’s Warranty, a new Quotation will be issued to the Customer for acceptance prior to the performance of Service.
9. TELEPLAN'S LIABILITY
- Except to the extent that such liability may not legally be excluded under the laws applicable to these T&C;, Teleplan shall not be liable to you for any loss or damage arising directly or indirectly in connection with these T&C;, Products and/or Services.
- Notwithstanding the generality of section (a) of this clause, Teleplan expressly excludes liability for indirect, special or consequential loss or damage, including but not limited to loss or damage to data or to other equipment or property (whether or not the same may be in Teleplan’s care, custody or control) or for loss of profit, business, revenue, goodwill or anticipated savings.
- In the event that any exclusion of liability contained in these T&C; shall be held to be invalid for any reason and Teleplan becomes liable for loss or damage that may be limited or capable of being limited in law, such liability shall be limited to the price of Services provided to Customer.
- Teleplan does not exclude liability for death or personal injury to the extent that the same arises directly from negligence or wrongful misconduct of Teleplan.
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Unless otherwise agreed in writing, Teleplan shall not be liable for any loss of and/or damage to any consigned material supplied to us by you or any third party. You shall retain title to, and be solely responsible for any and all risk in such material.
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Prior to dispatching Product to Teleplan, you must make a back–up copy of all contents on Product’s hard drive or other local drives or data storage media, including any data stored or any installed software. Teleplan will not be responsible for any damage to or loss of any programs, data or other information stored on any media or any part of any Product.
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Accessories like straps, batteries, cases, etc. should only be sent with Product when they pertain to the problem you are having with Product. Upon receipt of Product at Teleplan, the Customer will receive an automated alert message listing a.o. all accessories received with Product. Should there be any accessories missing, you must immediately notify Teleplan thereof. Teleplan will not be responsible for any damage to or loss of any accessories not listed in the automatic alert message, when such message has not been disputed by Customer within 7 days from its receipt.
10. FORCE MAJEURE
Teleplan shall not be in default of, or liable for any delay or failure of compliance with these T&C; due to acts of nature and/or acts of God (including but not limited to fire, flood or epidemics), wars, riots, public enemy, acts of civil or military authority, freight embargo, strike, acts or omissions of Customer, shortage of supplies or materials, or any other cause which is beyond Teleplan’s control, during such happening or event.
11. APPLICABLE LAW
Any controversy or claim of whatever nature arising out of or in relation to these T&C; shall be governed by the laws of the state of Texas, whose courts shall be the exclusive courts of competent jurisdiction.
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