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Terms of Service

1. Terms of Services:

The Terms and Conditions contained in this document (Terms of Service) apply in addition to the customer authorisation form (Your Service Approval). The “Terms of Service” apply each time the customer (Customer) submits an Estimate for ecoR Tech Retail (Ecor Tech) to provide services (Services), as provided on the website located at URL: https://ecoRtech.com.au/ (Site).

Before proceeding, Customer’s must be aware that although ecoR Tech approaches all “Services” with care and diligence, there remains several risks. These risks are detailed in full in clause 9, and include:
(a) the voiding of the manufacturer’s warranty on the Customer’s Device; and
(b) data loss.

Customer expressly agrees that ecoR Tech will not be liable for any damage, cost or loss associated with these risks.
By clicking “I Accept”, or signing a PRE-REPAIR DEVICE CONDITIONS, the Customer Warrants that they:
(a) have had the opportunity to read and fully understand these Terms of Service;
(b) they agree to be bound by these Terms of Service;
(c) have backed up all data stored on the Device and understand that any data stored on the Device may be lost; and
(d) have made enquiries into the effect that authorising ecoR Tech to carry out the Services on the Device may have on the manufacturer’s warranty of the Device and that they understand these Services may void such warranty.

2. Definitions:

The following definitions apply unless the context requires otherwise:
• “Agreement” is these “Terms of Service” and the “Customer Service Estimate Approval/Ticket”.
• “Diagnostic” is the inspection of the “Device” by ecoR Tech to establish its condition.
• “Diagnostic Fee” is the non-refundable amount that ecoR Tech will charge prior to performing a Diagnostic/Assessment.
• “Beyond Economical Repair” in relation to a Device means a Device that following Assessment, ecoR Tech determines it is unfeasible to repair.
• “Cancellation Fee” means the amount of the Diagnostic fee.
• “Courier Fees” is the fees that apply to the courier service, as stated quoted at the time of estimate or as stated on the website
• “Courier/ Mailing Services” is a delivery services that ecoR Tech offers Customer’s as stated quoted at the time of estimate or as stated on the website
• “Device” is the device that the Customer has requested the Services be performed on.
• “Estimated Completion Date” means the date indicated which ecoR Tech estimates the Services will be completed by.
• “Costs” is the Diagnostic Fee plus the amount the Customer agrees to pay ecoR Tech for the Services, as estimated in the Customer Estimate Approval/Ticket.
• “Loan Device” refers to an ecoR Tech Device provided by ecoR Tech to the Customer for use while the Services are being performed by ecoR Tech.
• “Non-Genuine Parts” means any Parts used to complete the Services which are not manufactured, distributed, endorsed, or approved by the Device’s manufacturer.
• “Genuine Parts” means any Parts used to complete the Services which are manufactured, distributed, endorsed, or approved by the Device’s manufacturer.
• “Parts” are any components used to complete the Services
• “Party” means either the Customer or ecoR Tech, as the context may require.
• “Personal Information” has the meaning provided in the Privacy Policy.
• “Pre-Devices Condition” is the condition of the Device at the time of completing a examination prior Diagnostic under the section headed “Pre-Devices Condition”
• “Post-Device Condition” is the condition of the Device following completion of the Services as detailed in the Condition Report under the section headed “Post- Device Condition”.
• “Privacy Policy” means ecoR Tech’s privacy policy available on the Site.
• “Estimate” is an estimate of the Fee provided by ecoR Tech to the Customer.
• “Ticket” is Customer approved order request.
• “Receipt” is a receipt issued to the Customer by ecoR Tech upon receipt of a Device.

3. Completion of Services:
a. ecoR Tech will perform the Services with reasonable care and diligence.
b. ecoR Tech will attempt to complete the Services by the Estimated Completion Date as stated in the Customer Estimate Approval/Ticket.
c. The Customer acknowledges and agrees that the Estimated Completion Date is an estimate only and may be affected by matters not discoverable until performance of the Services has commenced.

4. Additional services may be necessary:
a. In performing the Services, ecoR Tech may discover that the Device requires further services than those nominated in the Customer Estimate Approval/Ticket and additional services (Additional Services) may need to be performed.
b. Before performing any Additional Services, ecoR Tech will contact the Customer to inform them of:
i) The extent of the Additional Services;
ii) An Estimate of any additional Costs associated with the Additional Services; and
iii) An Estimate of any changes to the Estimated Completion Date.

5. Additional services may be necessary:

a. Prior to returning the Device, ecoR Tech will inspect & test the Device in order to complete the “Post Device Condition” section of the Condition Report to ascertain the Post-Service Condition of the Device.

6. Forfeiture of the Device failing payment:

a. ecoR Tech reserves its right to retain possession of the Customer’s Device until the Customer has paid ecoR Tech in full, for the Service of the Device.
b. The Customer agrees and acknowledges that in the event the Customer has not paid the for the Service within thirty (30) days of being notified that the Services have been completed and payment of the Costs are due, the Customer forfeits all title in the Device to ecoR Tech.
c. ecoR Tech reserves its right to deal with the Device forfeited to ecoR Tech, in any way it sees fit, including but not limited to recycling the Device.

7. Devices Beyond Economical Repair:

a. Determination that a Device is Beyond Economical Repair
i) Upon Diagnostic of a Device, ecoR Tech may determine that the Device is Beyond Economical Repair.
ii) ecoR Tech will contact the Customer to inform them that the Device is Beyond Economical Repair.
b. Payment of Diagnostic Fee
The Customer must pay ecoR Tech the Diagnostic Fee where a Device is determined to be Beyond Economical Repair.
c. Return of Device that is Beyond Economical Repair
The Customer will be liable for all costs of having a Device that is determined to be Beyond Economical Repair returned to them.
d. Waiver of Assessment Fee in exchange for title to the Device
ecoR Tech may, in exchange for the Customer forfeiting title in the Device to ecoR Tech, waive the Diagnostic Fee applying to a Device that is Beyond Economical Repair
e. Forfeiture of Device that is Beyond Economical Repair
i) ecoR Tech reserves its right to retain possession of the Customer’s Device that is Beyond Economical Repair until the Customer has paid ecoR Tech’s Diagnostic Fee.
ii) The Customer agrees and acknowledges that in the event that the Customer has not paid the Fees within thirty (30) days of being notified that the Device is Beyond Economical Repair, the Customer forfeits the Device to ecoR Tech.
iii) The Customer agrees and acknowledges that in the event that the device is declared as Beyond Economical Repair, the customer within thirty (30) days of being informed about the device status if not found to collect the device, the Customer forfeits all title in the Device to ecoR Tech.
iv) ecoR Tech reserves its right to deal with any Device forfeited to it pursuant to clause 7.5(b) in any way it sees fit, including but not limited to recycling the device.

8. Loan Device:

a. Loan Device
i) ecoR Tech may, in its discretion, provide the Customer with a Loan Device for the Customer’s use whilst the Services are performed.
ii) The Loan Device may not be the same as the customers Device.
b. Return of Loan Device
The Customer must return the Loan Device to ecoR Tech in the same condition as it was provided to the Customer.
c. Liability for Loan Device
i) The Customer will be liable for the costs of returning the “Loan Device” to the condition it was in at the time at which ecoR Tech provided it to the Customer. If the Loan Device is returned in a condition that is Beyond Economical Repair, the Customer will be liable for the costs incurred by ecoR Tech in replacing the Loan Device.

9. Service Risks:

a. Data loss
i) The Customer acknowledges and agrees that in performing the Services on the Device any data stored on the Device and any removable storage medium installed in the Device may be lost. In most cases, you will not lose any information, data or settings. We understand how important they are and try to make every effort to keep them intact. However, we cannot take responsibility for lost information, data or settings as it is often outside of our control and data may already be lost before we examine the device. Therefore, we highly recommend you back up your data regularly if possible.

b. Loss of SIM card and removable storage medium
The Customer acknowledges and agrees that any SIM card and removable storage medium installed in the Device may be lost during the performance of the Services.
c. Non-Genuine Parts
The Customer acknowledges and agrees that:
i. In performing the Services ecoR Tech may install Non-Genuine Parts in the Device;
ii. ecoR Tech will proceed to install any Non-Genuine Parts unless expressly requested not to by the Customer; and
iii. The installation of Non-Genuine Parts may:
i. void any manufacturer’s warranty on the Device; and
ii. have unexpected interactions with the Device.
d. Performance of Services may cause cosmetic damage
The Customer acknowledges and agrees that the performance of the Services may cause damage to the Device of a cosmetic nature, including but not limited to scratches and dents on the case.
e. Performance of Services may require use of Device and SIM card
The Customer acknowledges and agrees that in performing the Services and ascertaining the Post-Service Condition of the Device, ecoR Tech may need to use the Device and its SIM card, which may result in the Customer incurring charges from their mobile service provider.
f. Depending on the Manufacture of your device, ecoR Tech may not an authorised repairer
The Customer acknowledges and agrees that:
i. ecoR Tech may not an authorised repairer of the Device; and
ii. By authorising ecoR Tech to perform the Services, the Customer may void any manufacturer’s warranty on the Device.
g. Services may render waterproof Devices un-waterproofed
i. The Customer acknowledges and agrees that by performing the Services on a Device which is waterproofed, the Device may no longer be waterproof.
h. Services may void manufacturer’s warranty on Device
i. The Customer acknowledges and agrees that by authorising ecoR Tech to perform the Services on the Device, any warranty supplied by the manufacturer of the Device may be voided.

10. Courier & Mailing Services:

a. 10.1 The Customer will be liable for any Courier Fees.
b. ecoR Tech may, in its discretion, offer the Courier Service to selected Customers on a
complimentary basis.
c. The Customer acknowledges and agrees that the Courier Fees are subject to change without notice.
d. Upon the booking of the Courier Service/Mailing Service, ecoR Tech will provide the Customer with your specific booking details.
e. The Customer acknowledges and agrees that they will be available for the pick-up of the Device pursuant to the booking details provided. In the event, the customer is not available for agreed pick up, a subsequent time will be arranged, and the customer will incur any additional Courier Fee.
f. Where the Courier/Mailing service has been offered on a complimentary basis and the Customer was unavailable at the time of pick up, ecoR Tech may, in its discretion, charge the Customer a Courier/Mailing Fee
g. ecoR Tech highly recommends that you pack your parcel properly by using our provided packaging to against theft and damage happened in transit. Please note that any couriers, ecoR Tech will not replace your item if it is lost or damaged. We do not take any responsibility for parcel delayed which caused by couriers and out of our control. We highly recommend that customer should by the insurance for the Courier/Mailing service.

11. Warranty:

11.1 Warranty on Parts and Services
ecoR Tech reserves the right to refuse a Warranty Request where the Customer is unable to produce a valid ecoR Tech receipt issued for the original Services. Any Warranty requests will have to be made by being physically present in the store with the device. Failure to bring in the device for a warranty request within the designated warranty period will not be taken into warranty inspection.

11.2 Warranty Exclusion circumstances
The Warranty on Parts and Services will be rendered void where ecoR Tech in its own discretion determines that following the establishment of the Devices Post-Service Condition:
(a) The Device has suffered physical or liquid damage;
(b) The Device has been opened by any person other than ecoR Tech; or
(c) The damage or fault for which the Warranty Request is made is unrelated to the Services performed.

11.3 Liability for Warranty Transport costs
(a) The Customer is liable for any costs associated with returning a Device to ecoR Tech pursuant to a Warranty Request.
(b) If the Customer’s Warranty Request is rejected, the Customer is liable for any costs associated with returning a Device to the Customer.
(c) ecoR Tech accepts liability for any costs associated with returning a Device to the Customer following the resupply of Parts and Services pursuant to a Warranty Request.

11.4 Fee where Warranty Request is rejected
Where the Customer makes a Warranty Request in accordance with clause 11.2 and upon Assessment of the Device ecoR Tech determines that the Warranty on Parts and Services is void pursuant to clause 11.2 The Customer must pay an Assessment Fee.

12. Customer Warranties:
By completing a Customer Estimate Approval/Ticket, the Customer warrants that:
(a) It has read and understood these Terms of Service in full;
(b) The information contained in the Customer Details is accurate and complete; and
(c) That the Customer has title to the Device on which the Services will be performed.

13. Refunds
(a) Customer’s may request a refund of any Fees paid to ecoR Tech in accordance with the terms of ecoR Tech’s Refund Policy.
(b) ecoR Tech reserves its right to reject a request for a refund that is not made in accordance with the ecoR Techs Terms of Service