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portatronics, Inc. Conditions of Use and Repair Agreement

Customer acknowledges agreement with these Terms of Sale by the placement of an order or purchase of a Product or Service from portatronics, Inc.. All sales are subject to the following terms and conditions.

1.)Loss of Data

BY DELIVERING YOUR PRODUCT FOR ANY SERVICE, YOU CERTIFY THAT YOU MADE A BACKUP COPY OF ALL YOUR DATA AND REMOVED FROM YOUR PRODUCT ANY CONFIDENTIAL, PROPRIETARY, IRREPLACEABLE OR PERSONAL INFORMATION AND ALL REMOVABLE MEDIA SUCH AS FLASH MEMORY, FLOPPY DISKS, CDS, OR PC CARDS. By leaving any of your products at our store or by sending us a product you agree and acknowledge that: prior to delivering your product to portatronics, Inc. for repairs or servicing it is your responsibility: (1) to back up the data, software, creative work, information, or other files stored on the disk drives, peripherals, mp3 player, dvd player, camcorder, digital camera, and/or on any other electronic storage device; and (2) to remove all videotapes, compact disks, floppy disks, laser disks, cassettes, dvds, film, or other media from your product. You agree that you will never make portatronics, Inc. and/or its third party service providers responsible under any circumstances for any loss, alteration, or corruption of any data, software, information, files, videotapes, compact disks, floppy disks, laser disks, cassettes, dvds, film, or other media. Since you certify that you have a backup of all your data, you acknowledge and agree that you will never demand portatronics, Inc. to reimburse you for, or replace, any lost data, even if the loss occurred through negligent act of a portatronics, Inc. technician or through any other kind of circumstance.


2.)Liability

The maximum liability for all direct damages, if any, shall be limited to an amount not to exceed the purchase price or used value of the product, whichever applies. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PORTATRONICS, INC. BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF PORTATRONICS, INC. WITH ANY DELAY OR INABILITY TO USE PORTATRONICS, INC., OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH PORTATRONICS, INC, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of portatronics, Inc.


3.)Discovery of further problems during a repair

It is your obligation to report every problem of your product at delivery time. In the event further problems are discovered after the repair is started, you authorize portatronics, Inc. to interrupt the repair and return the product to you without repair, even if you perceive it to be or claim it to be in a worse defective condition than at delivery time. By delivering a product to portatronics, Inc., you agree and acknowledge that portatronics, Inc. will only repair the defects that were discovered by portatronics, Inc. at delivery time. If further defects appear after portatronics, Inc. started the repair, you acknowledge and agree that these defects will be treated as if they existed before portatronics, Inc. started the repair.


4.)Cancellation of Repairs

portatronics, Inc. reserves the right to deem a device unrepairable and to return the device to the customer without repair. You understand that all statements about the possibility of repairs are estimates. You agree that you will never demand portatronics, Inc. to complete the repair, if portatronics, Inc. considers a device unrepairable. By delivering a product to portatronics, Inc., you certify that the product has severe damages and flaws that render it unusable. You understand that portatronics, Inc. can not record all information about all damages prior to attempting a repair. You agree that you will never demand portatronics, Inc. to restore the product to the condition it was in previous to delivering it to portatronics, Inc.. You agree that you will never make portatronics, Inc. responsible for repair induced cosmetic damage to a device.


By leaving a deposit with us for orders of replacement parts, you authorize us to order a part on your behalf. If you cancel the repair and opt against purchasing the replacement part that was ordered specifically for you, you agree that THE DEPOSIT WILL NOT BE REFUNDED.


5.) Service Limitations

portatronics, Inc. reserves the right to refrain from providing any or all services ordered and refund the customer's payment, wholly or in part, if minimum system requirements are not met or if technical conditions or customer requirements are unusual, extensive, or beyond the scope of this service agreement as reasonably determined by portatronics, Inc.


6.)Warranties

portatronics, Inc. offers a one year warranty on new replacement parts. This warranty applies ONLY THE EXACT PART THAT WAS REPLACED (as listed on the repair receipt) and specifically EXCLUDES any parts that surround the replaced part or are attached to the replaced part.


The warranty for all repairs that did not require purchase of a replacement part (labor repairs such as solder work, software repairs, adjustments) is 90 days.


7.)Exemption from Warranties and Conditions that VOID the Warranty

ANY ALTERATIONS OF PRODUCTS SOLD OR REPAIRED BY PORTATRONICS, INC. WILL VOID WARRANTY COVERAGE. Software alterations such as installation of new firmwares or unlocking will void portatronics, Inc's warranty. Self-Service or service by a non-approved technician voids portatronics, Inc.'s warranty. I understand that portatronics, Inc. is under no obligation to return an original defective part, unless the customer requests so the same day the device is first picked up.

YOU AGREE THAT PARTS PURCHASED WITHOUT INSTALLATION SERVICE (purchase intent self installation or installation through third parties) ARE NOT COVERED UNDER ANY WARRANTY AND CAN NOT BE RETURNED.

There are certain items that cannot be returned due to federal and state regulations. These items include Software and any item that is considered for personal use; such as an earphones, instrument mouthpieces, or other items that you wouldn't want to purchase if someone else had previously used them.

portatronics, Inc. disclaims all express or implied warranties regarding the merchantability and fitness of the products you have purchased for any particular purpose. portatronics, Inc. makes no warranties that the products you have purchased are compatible with any particular software or non-portatronics, Inc. equipment.

8.)Refunds and Returns

YOU AUTHORIZE PORTATRONICS, INC. TO DISPOSE OF YOUR DEFECTIVE PARTS UNLESS YOU REQUEST THEM TO BE RETURNED TO YOU THE SAME DAY THE PRODUCT IS CLAIMED.


YOU AGREE THAT YOUR PRODUCT MAY BE RETURNED TO YOU IN A DEFECTIVE CONDITION DIFFERENT FROM HOW IT WAS DELIVERED PREVIOUS TO THE REPAIR. A refund in the amount of the purchase price of the installed part (EXCLUDING the charge for labor) will be given within 90 days of the purchase date of the component for which the refund is requested, if the following conditions are met:

1.) An error that renders that product unusable can be demonstrated to occur at a portatronics service location.

2.) The undersigned provided portatronics, Inc. with two consecutive opportunities to perform a free follow up repair.

3.) The undersigned agrees to the installation of a SUBSTITUTE NON-ORIGINAL PART IN ANY DEFECTIVE CONDITION as a replacement for the original defective part.

4.) The undersigned agrees to return the new replacement part to portatronics, Inc.

5.) The undersigned is in possession of and can produce the original portatronics, Inc. repair receipt as proof of purchase. Credit card statements are not sufficient as proof of purchase.


CHARGES FOR LABOR ARE NOT REFUNDABLE. Refunds will only be given using the same form of payment that was used for the purchase.

Non-Defective Returns: You may return an item within 30 days of shipment. Returns are charged with a 10% restocking fee. There are no returns after 30 days. Some items are not eligible for return. Shipping charges are not refundable, and we do not pay for return shipping or international customs/duties.

9.)Replacements of Products

portatronics, Inc. does not accept new products for repairs. By delivering your product to portatronics, Inc., you certify that it is in USED and cosmetically imperfect condition. You agree and acknowledge that any cosmetic damage and signs of use to your product existed before you delivered your product to portatronics, Inc. and agree and acknowledge that you will never demand portatronics, Inc. to remove or repair them. We reserve the right to substitute products delivered to portatronics, Inc. with equivalent USED items in comparable but NOT IDENTICAL condition. Under no circumstances will you demand portatronics, Inc. to substitute a delivered product with a new product.


10.)Storage Fee

If you have not claimed your product and paid all charges due within sixty (60) days after delivering your product to portatronics, Inc., portatronics, Inc. will consider your product abandoned. Portatronics, Inc. reserves the right of disposing of your product in accordance with applicable provisions of law, and, specifically, may sell your product without liability to you. Storage is free for 30 days after the device was delivered. After 30 days of of the delivery date marked on the claim check, portatronics, Inc. charges a storage fee of $1 per day for each device.


If a repair involves transferring information or installing software, in asking portatronics, Inc. to perform the service, you represent that you have the legal right to copy the information and agree to the terms of the software license, and you authorize portatronics, Inc. to transfer the information and accept such terms on your behalf.


11.)Estimated Repair Time

Since complications beyond our control can arise during a repair attempt, you agree to give portatronics, Inc. 21 days to complete the repair, regardless of the estimated repair time. You agree that within this period you will not demand portatronics, Inc. to return the device to you, if the repair has not been completed.


12.) Appropriate Conduct

All persons on our premises are expected to conduct themselves in a professional and businesslike manner at all times. All misconduct of verbal form, such as foul language, sexual comments, threats, raising your voice or aggressive physical gestures and other nonverbal behavior, as well as making or filing a false statement that harassment or discrimination has occurred, will be subject to personal legal and financial liability. portatronics, Inc. reserves the right to refuse service to any customer.


13.)Exclusivity of the these Terms and Conditions

No PORTATRONICS, INC. employee or agent is authorized to make any modification, extension, or addition to this warranty.

ALL WARRANTIES, CONDITIONS, AND REMEDIES CONTAINED IN THESE TERMS AND CONDITIONS ARE IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS, TERMS AND REPRESENTATIONS. EXCEPT AS PROVIDED HEREIN, AS PERMITTED BY APPLICABLE LAW, PORTATRONICS, INC. SPECIFICALLY DISCLAIMS AND EXCLUDES ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, CONDITIONS, TERMS AND REPRESENTATIONS RELATED TO OR ARISING IN ANY WAY OUT OF THESE TERMS AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTIBILITY, SATISFACTORY QUALITY, CARE, SKILL, OR FITNESS FOR A PARTICULAR PURPOSE.

14.)Errors and Omissions

portatronics, Inc. makes every effort to ensure the accuracy of the information published in our advertisements and on our web site. portatronics, Inc. makes no representations about the suitability of the information and graphics presented on this site. All such documents and graphics are provided "as is" without warranty of any kind.

If an error is made and a product is listed at an incorrect price, portatronics, Inc. shall maintain the right to refuse or cancel any orders placed at the incorrect price. Products and packaging depicted may differ from stock available time of shipment. We reserve the right to substitute equivalent items.

15.) All Sales Made In New York

All sales shall be deemed made in the State of New York, regardless of the location of the Customer.

The Customer agrees that any dispute with portatronics, Inc. arising out of the Customer's purchase from portatronics, Inc. shall be brought by the Customer exclusively in the state or federal courts situated in the State of New York; and the Customer hereby agrees that such venue is appropriate and that portatronics, Inc.'s agreement to sell and deliver products to the Customer is dependent on this provision.

16.)Purchase Price
(a) Prices are listed in portatronics, Inc.'s advertisements and web site, and are subject to change without notice. Prices for certain governmental, corporate, and institutional customers may be set forth in a bid or other written agreement between the parties.

(b) Payment is due before shipment.

(c) portatronics, Inc. collects sales and use taxes for sales shipped to New York. portatronics, Inc. shall not be liable for handling or customs charges for shipments outside of the U.S.


17.)Shipping Terms

portatronics, Inc. will arrange payment for shipping with the carrier, but such costs are the responsibility of Customer. For any products sold that are damaged, lost, or stolen by carrier in transit to Customer, an insurance claim must be submitted to the carrier, not to portatronics, Inc.. portatronics, Inc. is not responsible or liable for loss or resulting damage due to carrier's negligence or theft. Delivery times are estimates only and portatronics, Inc. shall not be liable for delays. Orders that are refused will be charged a 10% restocking fee.


18.)International


Products sold by portatronics, Inc., including equipment and software, may be exported from the United States only in accordance with the Export Administration Regulations. Diversion contrary to United States law is prohibited. Customer warrants and represents that it is eligible to receive Products under United States law and agrees to abide by any export or re-export restrictions imposed by the manufacturer or publisher.

19.)Trademarks

portatronics® is a registered trademark of portatronics Inc. All other trademarks Apple®, Mac®, iPod®, iPod Nano®, Blackberry®, Zune, Microsoft®, Acer®, Asus®, IBM®, Sidekick®, T-Mobile® and others remain the property of their respective companies. All trademarks and unregistered trademarks are used to the benefit of the mark holder and without intent to infringe on the mark holder. If you believe that texts or images hosted by us or used in our advertising infringe your copyright or trademarks, please contact us at contact@portatronics.com so that we may remedy the situation.

Copyright Notice

You, the User, acknowledge that all written and other material is intellectual property and copyrighted works of portatronics, Inc.. Reproductions or storage of Content retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code.

If you believe in good faith that materials hosted by us infringe your copyright, please contact us at contact@portatronics.com so that we may remedy the situation.

We want you to be satisfied with using our service. These terms are to protect both the buyer and the seller in the event of a problem with your purchase. If for any reason you are not happy with your purchase from us, please contact us immediately by email at contact@portatronics.com, so that we may remedy the situation.

© 2007-2011 portatronics Inc.


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