For service orders, NiwTech will service your Device as described to you for the estimated charges stated, unless such charges are revised with your prior oral or written consent. Unless otherwise stated, NiwTech will provide repair or replacement services to address a defect in the materials or workmanship of a product. Service is not available for issues caused by failure of or incompatibilities with any software or data residing or recorded on your product.
If your Device is capable of storing software programs, data or other information (“Data”), NiwTech may attempt to transfer said Data to a replacement device. During service, it is possible that Data may be lost. In such an event, NiwTech will not be responsible for any loss of Data.
NiwTech may provide both parts and labor. In servicing your product, NiwTech use new parts only.
NiwTech don’t charge any fee for Service Exclusions and Diagnostic Fee in Store
Service under this Agreement is offered and valid only to residents located in South Wales
It is your responsibility to backup all existing data, software, and programs, and to erase all existing data before receiving services. NiwTech is not responsible for loss, recovery, or compromise of data, programs or loss of use of equipment arising out of the services provided by NiwTech. You represent that your product does not contain illegal files or data.
Unless you provide alternative instructions, NiwTech will attempt to contact you. Within sixty (60) days If you continue to fail to pick up your product, NiwTech may claim any damages from you including any costs or the storage of such product. NiwTech reserves its statutory and any other lawful liens for unpaid charges.
For all service orders, NiwTech warrants that (1) services performed will conform to their description for one year from the date of service, If non-conforming service is provided or a defect arises in a replacement part or product during the applicable warranty period, NiwTech will at its option, either (a) re-perform services to conform to their description (b) repair or replace the part or product, using parts or products that are new or equivalent to new in performance and reliability, or (c) refund the sums paid to NiwTech for service.
THE EXPRESS WARRANTIES, CONDITIONS AND REMEDIES SET OUT IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS, OBLIGATIONS AND REPRESENTATIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. NIWTECH SPECIFICALLY DISCLAIMS AND EXCLUDES ANY AND ALL STATUTORY AND IMPLIED WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS, OBLIGATIONS AND REPRESENTATIONS RELATED TO OR ARISING IN ANY WAY OUT OF THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, CARE, SKILL OR FITNESS FOR A PARTICULAR PURPOSE.
IF YOU ARE A CONSUMER, YOU MAY HAVE CERTAIN ADDITIONAL RIGHTS WITH REGARD TO SERVICES AND PRODUCTS PROVIDED UNDER THIS AGREEMENT. PLEASE REFER TO YOUR LOCAL CONSUMER AUTHORITY FOR MORE INFORMATION ABOUT YOUR RIGHTS. IF NOT COVERED BY THESE RIGHTS, NiwTech DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST, CORRUPTED, OR COMPROMISED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NIWTECH WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, NiwTech IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT OF YOUR ORDER. IN CONSUMER CASES, THE LIABILITY FOR (1) PERSONAL DEATH AND INJURY AND (2) FRAUD MAY BE WIDER THAN NEGLIGENCE CAUSED LOSS AND IN SUCH CASES NIWTECH DOES NOT SEEK TO EXCLUDE THIS LIABILITY.