Terms & Conditions
Definition of tems
GWANA - refers to GWANA Technical Solutions, Inc.
Customer – refers to the person who accepts the repair cost quotation of GWANA through its website or mobile app.
App - refers to the website or mobile application platform upon which repair orders are booked.
Conditions - refers to the standard terms and conditions for repair set out in this document.
Accredited Technician - refers to independent technicians accredited by GWANA to perform repair work on a device.
Device - refers to the electronic device for repair.
Repairs - refers to the repair work to be done on the device by GWANA as specified in the repair cost quotation.
Services - refers to the labor and parts that GWANA is to supply for the repair of the device.
Nature of business
The customer understands and accepts the nature of business of GWANA which is to serve as a conduit between the customer and technician in order to facilitate and arrange for the repair of the customer`s device by an independent technician accredited by GWANA.
Scope of application
These Terms and Conditions shall apply exclusively to repair works undertaken by GWANA's accredited technicians except where other agreements have been explicitly made. Any requirements of the customer which are inconsistent with or supplement these Terms and Conditions shall only apply to the extent that GWANA has agreed to them in writing. Absent such agreement, repairs by GWANA's accredited technicians shall in any case be based on these Terms and Conditions.
Scope of work
GWANA, through any of its accredited independent technician, will undertake the professional repair work on the device. Unless a different scope of work has been agreed upon in writing, the repair work comprises the performance of those repair works to restore the functionality of the device which GWANA determines as necessary by the information provided by the customer, by testing the device in question and in the course of the repair work.
Repair Cost
The cost of repair shall be agreed upon between GWANA and the customer before actual repair is commenced. Any material or part required shall be invoiced separately
Shipping costs shall be borne by the customer. GWANA may charge a flat fee for shipping costs and handling.
A transaction fee of 2.5% of the total cost shall likewise be shouldered by the customer.
The total repair cost consists of the share of GWANA for the use of its application and the technician's remuneration which GWANA shall collect from the customer for an on behalf of the technician. Value-added tax may apply depending on the tax status of GWANA or the technician/s.
Cost estimates
The expected repair costs stated in the cost estimates are approximate amounts based on the information the customer has provided and following the examination of the equipment. GWANA does not assume any liability for the accuracy of the figures contained. If while repairing the device it becomes clear to the technician that more extensive repair work is necessary, GWANA shall inform the customer and present a new cost quotation.
If on the basis of a new cost quotation the customer decides not to proceed with the repair work, GWANA shall be entitled to charge at least 500 – 1,000 as inconvenience fee to defray the cost of additional diagnostic work plus any amount already due for any repair works performed up to that point. Such amount shall be deducted from whatever is to be refunded to the customer for cancellation of order.
Terms of payment
Upon acceptance of the initial repair quotation, the customer shall pay a deposit of 30% of the quoted amount. A GWANA accredited technician shall then perform an initial diagnosis to determine the final cost of repair. Should there be a difference in the initial quotation and the final quotation, the customer shall approve the new quotation before the technician can proceed with the repair work.
Repair period
The accredited technician assigned by GWANA to perform the repair work shall endeavor to start carrying out the repair work within a reasonable period. Any date for completion of which the customer is notified by the technician are non-binding unless agreed upon in writing. When possible, the accredited technician may carry out on-site repairs. Otherwise, the accredited technician shall receive the device for repair at his shop.
If the repair work is delayed or impeded by circumstances beyond the accredited technician''s responsibility, including but not limited to force majeure, scarcity of materials, incorrect or late delivery despite a careful choice of supplier of parts, the period for carrying out repairs will be extended by the duration of the cause of the delay. If the customer provides substantial evidence that it cannot reasonably accept such an extension, the customer is entitled to withdraw from the contract, without the right to any claims for damages, in so far as the contract has not yet been fulfilled. Any further claims that the customer may assert are excluded.
Transport, insurance and passage of risk
The repaired device shall be delivered to the customer by the accredited technician who repaired the unit unless otherwise instructions for a different mode of shipping has been agreed upon between the customer and the technician. The cost of the use of a third-party courier as well as any special packaging shall be charged to the customer.
Upon request, GWANA shall insure the device subject to acceptance by an insurance company at customer's expense against normal transportation risks.
Duties of the customer to co-operate
The customer shall provide GWANA and the accredited technician with the equipment to carry out the repair work and shall inform them of problems that have occurred and of peculiarities with regards to the device to be repaired. The customer shall ensure that the accredited technician has free and unimpeded access to the devise for repair.
Acceptance
After the repair work has been completed or after the repaired devise has been received by the customer, the customer shall be obliged to accept duly performed repair work immediately. The customer may not refuse acceptance on the grounds of minor defects which do not affect the operation of the device.
Warranty
Unless otherwise expressly stipulated hereinafter, GWANA warrants to remedy repair work and repairing or replacing defective parts used in the repair free of charge within thirty days from acceptance of the repaired device by the customer.
Warranty applies only if the customer proves that the accredited technician has carried out a repair work in a defective manner.
Defects due to natural wear and tear, improper handling or other outside influences which are not caused by defective repair are not covered by the warranty.
If the customer asserts warranty claims the customer must notify GWANA of the defects immediately after they have been discovered and do everything in the customer's power to minimize any damage caused by a defect.
All warranty provisions mentioned herein are subject to statutory provisions.
If upon examination of a device in relation to a warranty claim, it shows that the case does not fall under the warranty, GWANA shall be entitled to charge the cost of examination of the device to the customer.
Liability for damages
In the event that the device is damaged to the point of disrepair or lost due entirely to the fault of the technician, the customer agrees that GWANA shall at best effort replace the damaged or lost device with a similar pre-owned functioning device. If no replacement unit is available or if the customer rejects the replacement offered by GWANA, the customer agrees to be paid the depreciated value of the device based on its age:
Less than one year old: 90% of the original cost
One year to less than three years old: 75% of the original cost
Three years to less than five years old: 50% of the original cost
More than five years old: 25% of the original cost
The age of the unit shall be based on the official receipt or invoice issued when the device was first purchased or in its absence the date when the model was first released by its manufacturer.
LIMITED LIABILITY
EXCEPT AS TO THE LIABILITY DESCRIBED IN NUMBER 13 ABOVE, TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GWANA OR ITS ACCREDITED TECHNICIANS BE LIABLE TO THE CUSTOMER OR ANY THIRD PARTY FOR LOST PROFITS, DATA OR BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE REPAIR OF THE DEVICE OF THE CUSTOMER OR ANY OF THESE TERMS AND CONDITIONS, HOWEVER ARISING OR CAUSED AND ON ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE).