Repair Terms and Conditions

THESE TERMS AND CONDITIONS GOVERN THE REPAIR OF YOUR PRODUCT AS SHOWN ON THE SERVICE ESTIMATE. BY AUTHORIZING SAMSUNG TO COORDINATE THE SERVICES DESCRIBED IN THE SERVICE ESTIMATE YOU ARE ENTERING INTO A BINDING LEGAL CONTRACT WITH SAMSUNG ELECTRONICS AMERICA, INC. (“SAMSUNG”).

1. Services and Products.
   1. Services and Charges. Samsung will coordinate repair service for your Samsung product for the estimated charges stated in the service estimate (“Service Estimate”), plus any applicable taxes, unless such charges are revised with your prior oral or written consent. You authorize Samsung to coordinate the repair services described in the Service Estimate (“Service”) on the device identified on the Service Estimate (“Your Device”), subject to these Terms and Conditions. Samsung will charge you for the Services based on the description of the symptoms or malfunction that you describe to Samsung. If you cancel the Service by 4pm on the day prior to the scheduled Service date, there is no charge to you. If you decide to cancel or not proceed with the Service once the repair technician arrives on-site there will be a non-refundable $155.00 diagnosis fee (plus applicable sales tax) charged to you. If the service technician determines a different symptom or malfunction from that which you described to Samsung, or if additional/different parts or labor is necessary to service Your Device, you will be provided with a new Service Estimate. The new Service Estimate may be higher than the original Service Estimate.
   2. Sales Tax. In addition to the Service Estimate, Samsung will charge you sales tax on applicable transactions based on applicable state tax law and the sales tax rate in effect at the time the Services are completed. If the sales tax rate changes before the Service is completed, the rate in effect at the time the Service is completed will apply. The Service Estimate will include any applicable sales tax.
   3. Payment. Terms of payment are within Samsung’s sole discretion, and unless otherwise agreed to by Samsung, payment details must be received prior to performance of Services. Samsung allows you to make payment(s) using credit card. When you provide Samsung with your credit card information, Samsung will obtain a pre-approval from the card company for the amount of the Service Estimate, which may result in a corresponding block on your available credit while the pre-approval remains in place. Samsung will not bill your credit card until the Services are completed.
   4. Limited Warranty on Service Provided. Samsung warrants for a period of ninety (90) days from the date of completion of the Service that (1) Service will be performed in a competent and workmanlike manner, and (2) all parts used to service Your Device will be free from defects in materials and workmanship. The foregoing warranty is an express limited warranty and in the event of breach, Samsung will either (i) re-perform the Service, (ii) repair or replace the part, or (iii) refund the cost of the Service provided. Samsung may use rebuilt, reconditioned, or new parts or components when repairing Your Device. This limited 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 Samsung, use of any other product other than Samsung products, or unauthorized modification. This warranty is VOID if Your Device shows evidence of having been tampered with 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 Samsung's control.
2. LIMITATION OF LIABILITY.
   1. THE LIMITED WARRANTY STATED ABOVE SETS OUT THE FULL EXTENT OF SAMSUNG’S RESPONSIBILITIES, AND THE EXCLUSIVE REMEDY REGARDING WORK PERFORMED OR PARTS SUPPLIED BY SAMSUNG 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 OR THE SHORTEST PERIOD ALLOWED BY LAW. IN NO EVENT WILL SAMSUNG BE LIABLE FOR DAMAGES IN EXCESS OF 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. SAMSUNG IS NOT LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE TO THE EXTENT CAUSED BY CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL.
3. No Modification.
   1. 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 Samsung regarding the Service.
4. Severability.
   1. You and Samsung agree that it is our intention that these Terms and Conditions be enforceable in accordance with their terms to the fullest extent permitted by law. You and Samsung 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.
5. Entire Agreement.
   1. 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.
6. Applicable Law.
   1. 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 New York, without reference to its choice of laws principle.
7. Personal information.
   1. Personal information that you provide to Samsung will be used to fulfill the Service you have requested and as otherwise permitted in our Privacy Policy; Samsung will not sell, rent or otherwise disclose such information (except as needed to Samsung service vendors or as permitted in our privacy policy) without your prior approval.
8. Waivers.
   1. Samsung’s failure to insist on or enforce strict performance of this Agreement shall not be construed as a waiver by Samsung of any provision or any right it has to enforce these policies, nor shall any course of conduct between Samsung and you or any other party be deemed to modify any provision of these terms.
9. No Third Party Beneficiaries.
   1. These terms shall not be interpreted or construed to confer any rights or remedies on any third parties.
10. Subcontractors.
    1. Samsung may subcontract with service providers for the service of Your Device.
11. Force Majeure.
    1. Samsung is not liable or responsible to you, nor be deemed to have defaulted under or breached these Term and Conditions, for any failure or delay in fulfilling or performing any term of these Terms and Conditions, when and to the extent such failure or delay is caused by: (a) acts of God; (b) flood, fire or explosion; (c) war, terrorism, invasion, riot or other civil unrest; (d) embargoes or blockades in effect on or after the date of these Terms and Conditions; (e) national or regional emergency; (f) strikes, labor stoppages or slowdowns or other industrial disturbances; (g) any passage of law or governmental order, rule, regulation or direction, or any action taken by a governmental or public authority, including imposing an embargo, export or import restriction, quota or other restriction or prohibition; or (h) national or regional shortage of adequate power or telecommunications or transportation facilities..