Agreement for repair
1.1 The terms set out in these Conditions of Repair (“Agreement”) shall apply to the service (“Service”) we provide to repair your smartphone, tablet, computer and/or any accessories (“Device”) that you have booked in for repair.
1.2 Reference to “us”, “we” and “our” refer to BrunelTech and references to “you” and “your” are references to you (“Customer”), the person addressed on this form.
2.1 This Agreement shall commence from the date you book the device in and shall continue until we have repaired or otherwise returned your Device, whichever is sooner, and received any payment due from you.
2.2 We shall make reasonable efforts to repair your Device subject to the availability of any parts required and/or the terms of any relevant guarantee or warranty. We shall perform the Service using our utmost care and skill.
2.3 We shall use high-quality compatible parts for the repairs of all Devices.
2.4 We shall require the passcode of your Device in order to test the Device before and after the Service. Should you prefer to keep this information private, we can still proceed with an appointment, but will not be able to perform a full functional check on the Device until you return to the store, which can delay the provision of the Service, if any adjustments need to be made.
2.5 Any time estimate for completion of the service, which may be given to you, is an estimate only and does not form any obligation under the terms of this Agreement. We will aim to return your Device as soon as reasonably possible.
2.6 We shall notify you when the Device has been repaired and is available for collection from our store. If necessary, we shall send a reminder and the device will be recycled if not collected by day 60.
2.7 If we are unable to complete the Service for any reason, or the Service will incur further costs payable by you beyond that initially estimated by us, we will notify you immediately via telephone and/or email. If no fault is found on your Device or you do not accept our revised estimate, we will return your Device to you unrepaired and we reserve the right to charge you a diagnostic fee in accordance with our standard charges.
2.8 The cost of repair will be calculated where possible in accordance with our standard charges as published from time to time.
2.9 We shall be entitled to keep your Device until all charges payable have been paid. We may also charge an additional fee for storage of your Device.
2.10 Use of our service may void your manufacturer’s warranty. If you would like to avoid this, then please take your Device directly to the manufacturer. Please note, your manufacturer’s warranty will not cover any accidental damage.
2.11 BrunelTech may install warranty seals following the repair. Any tampering of the seals will void the BrunelTech warranty.
2.12 The Warranty is linked to a specific device as identified by its unique IMEI or serial number and to a specific Customer as identified by the records on our system. It will cover the Customer for any re-occurrence of the original fault and for the part replaced/repaired only, however, if additional faults arise, they will not be covered under the terms of this Warranty. Furthermore, the Warranty will not cover accidental damage, nor will the cover extend should the device change ownership.
2.13 We do not accept responsibility for any progression in damage where your Device has been repaired elsewhere prior to your repair at BrunelTech or any issues found in your Device (i.e. ‘Touch Disease’, ripped flex) which were not evident upon initial inspection. Should any issues become evident, once the Device is opened, we will contact you via telephone/email.
2.14 We do not accept responsibility for any progression in damage for Devices that have been damaged by liquid. Opening the Device could set off further damage which in some cases may be very serious and irreparable.
2.15 We ask our Customers to monitor their Device post liquid damage repair, as unknown issues can arise soon after treatment for liquid damage, which are beyond our control.
2.16 Should your Device display any further issues relating to the liquid damage during the Warranty period, we will re-assess and re-quote for the work needed. We will also offer a full refund of all monies paid by you with respect to repairs carried out to your Device, excluding any diagnostic fees.
2.17 Following repair, any waterproofing or resistance cannot be guaranteed.
3.1 Our entire liability in respect of any single cause of action arising out of or in connection with this Agreement (whether for breach of contract, tort, including negligence, statute or otherwise at all) shall be limited, to the extent that the cause of action related to our supply of the Services, at our exclusive option to: (a) supplying the Services again; (b) payment of the cost of having the Services supplied again; or (c) repaying you any amount that you have paid in respect of the Services.
3.2 If your Device is damaged beyond economical repair as a direct result of a service or repair undertaken by BrunelTech, you are entitled to a fully functional refurbished device of equal value to your Device, based on its model and condition as received and with the original repair, issue resolved. In order to receive a replacement device, full payment must have been received for the repair service and the relevant damaged device must be surrendered to BrunelTech.
3.3 Any data or information that you may have stored on the Device shall remain your sole responsibility and we accept no liability for loss or corruption of such data however caused and we therefore highly recommend that you back up your Device onto an external drive prior to commissioning our Service. It is your responsibility to keep a record of any such data.
3.4 Nothing in this clause 3 shall apply so as to limit or exclude our liability for: (a) death or personal injury resulting from our negligence; (b) breach of any terms implied by statute; (c) any claim arising under the Consumer Protection Act 1987; or (d) fraudulent misrepresentation.
3.5 In no circumstance shall we be liable to you for any indirect, special or consequential loss arising out of or in connection with this Agreement, including any loss of business, revenue, profits, anticipated saving, goodwill or any other indirect or consequential loss or damage of whatsoever nature howsoever arising.
3.6 We shall not be liable for any claim arising under this Agreement unless you give us written notice of the claim within three months of becoming aware of the circumstances giving rise to the claim or if earlier, three months from the time you ought reasonably to have become aware of such circumstances.
4.1 We ask for your name and address and the other details so that we can notify you when your Device has been repaired and provide you with an efficient after-sales service. We may also send you text messages and/or emails from time to time to alert you to new services and promotions. By signing the T&C and using these Services you consent to our use of your personal information as described. If you do not wish to receive such correspondence, please notify us in writing.
5.1 We shall not be liable to you for any delay in our failure of performance of our obligations under this Agreement arising from any reason beyond our reasonable control.
5.2 Our failure to exercise or enforce our rights or the giving of any forbearance, delay or indulgence, will not be construed as a waiver of such rights under this Agreement or otherwise.
5.3 This Agreement sets out the entire agreement and understanding between you and us in connection with its subject matter.
5.4 This Agreement may not be amended, modified, varied or supplemented except in writing signed by or on behalf of you and us.
5.5 If any part of this Agreement is found to be void or unenforceable it will be severed from the rest of the Agreement so that it is effective to the extent that it shall not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
5.6 Nothing in this Agreement shall confer on any third party and benefits under the provisions of the Contracts (Rights of Thirds Parties) Act 1999.
5.7 This Agreement shall be governed by the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English Courts
Agreement for Data Recovery
- The terms set out in these Conditions of Repair (“Agreement”) shall apply to the service (“Service”) we provide to repair your smartphone, tablet, computer and/or any accessories (“Device”) that you have booked in for repair.
1.2 Reference to “us”, “we” and “our” refer to BrunelTech and references to “you” and “your” are references to you (“Customer), the person addressed on this form.
1.3. The word “Full” or phrase “Full Recovery”, when used in relation to the process of data recovery or the amount of data recovered relates solely to the amount of data that has been able to be recovered from the media and not to the amount of data originally contained on the media.
1.4. As part of its diagnostic process, BrunelTech agrees to use its best commercial knowledge and expertise to determine the probability of and, where possible, the volume of recoverable data from your media.
1.5. As part of its recovery process, BrunelTech will endeavour to retrieve or replicate the maximum amount of data from your media.
1.6. BrunelTech’s days of business are defined as Monday to Saturday, excluding any public holiday. Business hours are defined as 9.30AM to 6.00PM. Data Recovery services may be provided outside of these hours. Any diagnostic and/or recovery services provided outside of these hours shall be carried out at an agreed rate on a case-by-case basis.
1.7. BrunelTech will use all reasonable endeavours to achieve reasonable response times. However, unless otherwise agreed, failure to achieve any response times is not a contractual obligation.
Estimates, Quotations and Payments
2.1 All Fixed Price Quotations offered by BrunelTech are valid for a period of seven days unless otherwise agreed. After this period the quotation may alter without notification.
2.2. All prices quoted by representatives of BrunelTech are inclusive of VAT (currently 20% of the total amount payable).
2.3. Acceptance of a quotation may be given in writing, verbally in person or via telephone, facsimile or electronic mail. BrunelTech reserves the right not to commence any recovery work until approval is given.
2.4. In the event that you decide not to proceed with the recovery of data after approval has been given, BrunelTech reserves the right to charge you for any work and/or parts used to date. This charge is at the discretion of BrunelTech and may be equal to, but not exceed, the total approved amount for the recovery process.
2.5. You understand that payment is due in full upon completion of the data recovery process and prior to the release of data and/or original media (whether shipped, picked up or downloaded), unless otherwise agreed. Payment can be made via Credit/Debit card (VISA, MasterCard, American Express, Switch, Maestro, Electron etc), company or personal cheque or bank transfers. On occasions, BrunelTech may reserve the right to demand that any payment is cleared in full before the data is released to the client.
2.6. BrunelTech reserves the right to charge interest and/or administration fees for any payments outstanding after the specified due date. The current interest rate charged by BrunelTech is 1.5% for each month the payment is outstanding. The current rates charged for administration are as follows: late payment; £75 for each calendar month outstanding, £10 for each telephone communication regarding any outstanding balance, £30 for each letter issued regarding any outstanding balance and £10 for a copy of the original invoice. All amounts listed include VAT.
3.1. As part of its confidentiality policy, BrunelTech agrees not to disclose any/all information or data files supplied with, stored on, or recovered from your equipment except to employees, agents or affiliates of BrunelTech subject to confidentiality agreements or as required by law, without your consent.
3.2. BrunelTech agrees to only use authorised data recovery engineers, and that all media supplied to BrunelTech will be stored in a secure manner at one of its premises or those of its affiliates. You understand that the location of storage may not be the same as the location to which the media was originally shipped.
3.3. All data recovered from your media is stored on secure servers in accordance with the Data Protection Act 1998.
Diagnostics and Recovery Processes
4.1. All diagnostic reports are provided to you via telephone or electronic mail unless otherwise agreed by a representative of BrunelTech.
4.2. Due to the nature of data recovery, our technicians may be required to carry out physical work on the media/data/equipment made available to BrunelTech. Therefore, you acknowledge that
a) the media/data/equipment is already damaged,
b) data recovery efforts may result in further damage to the media/data/equipment,
c) the media/data/equipment warranties may become void, and
d) BrunelTech is not responsible for this or any other type of damage.
4.3. You are aware that on occasions, BrunelTech may be required to use additional media to continue with the diagnostic phase and/or carry out its recovery efforts. Examples of this include, but are not limited to, spare parts for disk drives and specific adaptors or connectors. BrunelTech reserves the right to charge you for such additional media at an agreed cost.
4.4. On rare occasions, BrunelTech may require you to cover some of the cost of attempting the recovery. This request will only apply when the recovery is complex or when severe damage has occurred and only as a no-obligation, fixed price quotation, and is not offered as part of BrunelTech’s “no recovery, no fee” service. Please note that this charge as with all charges made by BrunelTech are not obligatory and you may refuse this, and any other charge, and request the return of their media.
4.5. BrunelTech agrees that any payment for a recovery will only be processed in the event that data is successfully recovered from the client’s media. You understand that due to the complex nature of data recovery, it is not always possible to recover all the information from your media. BrunelTech makes no provisions for the completeness, relevance or importance of the data recovered for you unless otherwise agreed in writing by BrunelTech and the client.
4.6. BrunelTech reserves the right to send or redirect any equipment or media received at any of our premises to the most suitable location for data recovery. This includes making use of affiliate or parent company laboratory facilities. In these instances, BrunelTech will use a courier for the transport of the media or equipment. You agree that,
a) BrunelTech will assume the costs of this transportation and
b) BrunelTech are not responsible for any damage or loss to any items transported as part of the overall aim to recover your lost data.
Performance, Delivery & Carriage
5.1. BrunelTech agrees to return all recovered data on suitable media. Examples of this include, but are not limited to, CD-ROM, DVD-r or a replacement hard drive. As part of its standard data recovery service BrunelTech currently returns a maximum of 3GB of data on CD-ROM and 30GB of data on DVD-r. BrunelTech reserves the right to refuse to return, or charge you an agreed amount for returning, data on these forms of media when the recovered data exceeds these limits. You must pay an agreed amount for any replacement media and this amount is in addition to the costs agreed for the data recovery service unless otherwise agreed in writing by a representative of BrunelTech.
5.2. All data recovered by BrunelTech to be collected from our shop or is returned to you via a next day traceable service. Examples of this include, but not are limited to, UPS, TNT or FedEx. However, other arrangements for the return of your data may be arranged. On occasions, BrunelTech reserves the right to charge you for the postal service provided and any associated administration fees. This charge is in addition to the charge agreed for the data recovery process.
5.3. BrunelTech holds no responsibility for delays caused as a result of the postal network. In these circumstances, no compensation will be given for loss of profits, inconvenience etc., unless previously agreed by BrunelTech.
5.4. You agree to inspect or to procure to inspect the goods delivered at the earliest opportunity after delivery or attempted delivery and in any event within five calendar days of delivery or attempted delivery. Any claims for a shortfall in delivery of goods, or claims that the goods do not comply with the order agreed with BrunelTech, must be notified in writing within seven calendar days of delivery. Claims made outside of this time period may only be resolved at the discretion of BrunelTech.
5.5. BrunelTech will retain a copy of your recovered data for a period of fourteen days from the date of collection. During this period BrunelTech will answer any queries concerning the recovered data and, if required, provide further copies. On occasions, with your consent, BrunelTech may retain a copy of your recovered data and/or digital image beyond this point. In circumstances such as these, BrunelTech reserves the right to charge a fee for duplicate copies of data, data storage, management and security.
5.6. You and BrunelTech agree that the sole and exclusive remedy for any unsatisfactory work shall be at BrunelTech’s discretion. BrunelTech reserves the right to either,
(a) try additional attempts by BrunelTech’s engineer to remedy any unsatisfactory work, or
(b) to refund the amount paid by you in full or part.
5.7. All media sent to BrunelTech for data recovery may be retained within one of its international offices for a period of up to fourteen days after completion of the data recovery service. As per our ‘Return Drive Policy,’ you may request the return of your media within 28 days of us receiving your drive. You understand that the delivery time frames provided are calculated from the date of recovery plus fourteen days.
5.8. You understand that all media which is returned via our free return service is provided by standard postal service and this service is non-traceable, BrunelTech holds no responsibility for any media lost or damaged within the postal network. You understand that this is a 21-day service, calculated as indicated in 5.7.
5.9. You understand that BrunelTech does not offer any guarantees or warranties of any kind and that the extent of any BrunelTech’s liability to you is strictly limited to the fees you pay BrunelTech for its data recovery service.
6.1. You accept that BrunelTech will not examine the contents of any file contained on the media supplied to them.
6.2. BrunelTech gives an integrity percentage of any data recovered. This is an estimate only and is derived using specialist software that performs a file signature verification process. This is where the recovered files signatures are matched against their extension. This process does not guarantee the level of integrity and may vary depending on various factors including, but not limited to, the file type and whether or not it is encrypted. The percentage given is an estimate only.
6.3. BrunelTech accepts no responsibility or liability whatsoever for the contents, integrity, functionality, corruption or usefulness of the data recovered.
6.4. Whilst every effort is made to recover as much data as possible from any media received and any specific files requested by you the recovery process is such that it is not specific and the sale of data is generic and based purely on the amount of data recovered and the labour in recovering that data. Therefore, should you wish to know what files have been recovered they should request a file list from their account manager in writing or by email. This is your responsibility and a file list will not be provided unless requested from BrunelTech in writing or by email by you. The file list shows the files recovered. BrunelTech gives no guarantee as to the integrity of the data shown on the file list or any other data recovered.
7.1. You agree that all media and its content provided to BrunelTech is legal and your lawful possession and that you have the legal right to request data recovery services, as described under the Laws of England and Wales.
7.2. These Terms and Conditions were last modified on 1st July 2018.