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These HTC Repair Service Terms and Conditions (“Terms and Conditions”) are a contract between you and HTC Corporation and its Affiliates (“HTC”) and contain important agreement terms and information relating to the service of your device, including warranty disclaimers, limitations of liability, and HTC’s disposal of your device if you fail to claim it.  Please read these Terms and Conditions carefully before sending in your device. 

BY SENDING YOUR DEVICE TO HTC FOR SERVICE, AND/OR BY PURCHASING THE ON-SITE EXCHANGE PROGAM, YOU ACCEPT THESE TERMS AND CONDITIONS.  If you do not agree to these Terms of Service, do not complete your purchase and/or do not send your device to HTC.

  1. Repair Service.  HTC will use reasonable efforts to diagnose the issues you identify with your device. 
    1. Warranty Repairs.  If covered under warranty, HTC will repair or replace your device and return the repaired or replacement device to the address you provided, at no cost to you (other than the cost of the On-Site Exchange Program, if purchased).
    2. Non-Warranty Repairs.  If not covered under warranty, HTC will contact you to obtain your authorization to proceed with any recommended repairs or, if you have been provided access to the repair tracking site at https://e2e-tracking-us.htc.com/ (“Repair Site”), permit you to authorize and pay for non-warranty repairs through the Repair Site.  If you provided an email address (and do not authorize services using the Repair Site), then HTC will send you an email containing the diagnosis, a quotation for the cost to repair or replace the device, and instructions on how to authorize or reject the repairs.  If you authorize the repairs, HTC will repair or replace your device, charge your credit card the quoted amount, and ship your repaired or replacement device to the address you provided.  If you do not authorize the repairs, or if you do not respond to the repair quotation e-mail within 10 calendar days, HTC will charge you a service fee as further described below and will ship your unrepaired device to the address you provided.
    3. Generally.  You are solely responsible for shipping your device to HTC and insuring your shipment, and HTC shall not be liable for any loss or damage to your device while in transit to HTC.  You agree that HTC may use used or refurbished parts or devices to repair or replace your device, and that all replaced parts become property of HTC.  You acknowledge that all devices will be returned to carrier or HTC specifications and will be factory reset.  HTC reserves the right to refuse to service any device.  HTC may subcontract with independent contractors or service providers to service your device.
  2. On-Site Exchange Program.  The On-Site Exchange Program is designed to minimize the amount of time you will be without your device when seeking repair services.   
    1. Eligibility.  Only certain devices are eligible for the On-Site Exchange Program.  Device eligibility is determined at the sole discretion of HTC.  You may purchase the On-Site Exchange Program any time within the Limited Warranty Period for your eligible device. HTC reserves the right not to provide the On-Site Exchange Program for out of warranty devices. The On-Site Exchange Program is only available to residential addresses in the United States (no commercial addresses or P.O. boxes are eligible; U.S. territories and possessions excluded).  To be eligible for the On-Site Exchange Program, you must authorize HTC to charge your U.S. credit card for the cost of the program (see Fees below).
    2. Expedited Shipping and Return.  If you are eligible for the On-Site Exchange Program and payment is received in full, the On-Site Exchange Program will provide you with expedited shipping, triage and return as set forth herein. A prepaid label will be provided to you via email within 2 business days of HTC’s receipt of full payment.  The label provides you with Second Day Air service for the return of your eligible device.  Your device will be reviewed for damages through an expedited diagnostic process within one business day of receipt.  Non-Warranty Repairs will be addressed as set forth in Section 1(b) above, with the exception that a replacement device will be shipped to you via Second Day Air service once a quotation is approved and paid in full.  If no non-warranty repairs are identified through the diagnostic process, a replacement device will be shipped to you via Second Day Air service.
  3. Fees.  You authorize HTC or its authorized agents to charge to the credit card  that you have provided for repair service the following fees: 
    1. Service Fee. A service fee will be charged to you in the event HTC determines that the repair or replacement of your device is not covered by warranty and you do not authorize the repair or replacement of your device.  This fee includes diagnosis of the described issue with your device and return shipping charges.  This fee applies even if HTC does not find any issues with your device or your device is returned to you unrepaired. 
    2. Handling Fee. A $20.00 handling fee will be charged to you if you have bought an international service policy with your device in a foreign country and HTC determines the repair or replacement of your device is covered by such warranty. 
    3. Repair Charge.  If your device is not covered by HTC product warranty, then HTC will either contact you with a price quotation for the repair or replacement or make the quotation available on the Repair Site.  Return shipment to addresses outside the United States will incur a higher service fee or separate international shipping charge. 
    4. On-Site Exchange Program.  If you have an eligible device and have elected to purchase the On-Site Exchange program, you will be charged a non-refundable program fee of $19.00.
    5. Payment Terms.  HTC currently accepts U.S. VISA, MasterCard, and Discover credit cards.  By submitting your device for repair, you represent and warrant that you are authorized to use the designated credit card (the “Credit Card”) and authorize us to charge any fees set forth in these Terms and Conditions to the Credit Card.
  4. Lost or Damaged Accessories.  Please remove the battery, the battery cover, the SIM card , any memory cards, and all other accessories (if applicable) from the device before you send it in unless instructed otherwise.  HTC IS NOT LIABLE FOR ANY LOSS OF OR DAMAGE TO SUCH ITEMS.
  5. Personal and Confidential Information.  HTC provides repair services without an obligation to ensure that any personal or other confidential information on the device is kept confidential.  You are responsible for backing up and deleting all such information on your device before sending it to HTC, and assume all risk in failing to do so.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER HTC NOR ANY OF ITS SERVICE PROVIDERS WILL BE LIABLE FOR ANY LOSS OR INJURY IN CONNECTION WITH INFORMATION STORED ON YOUR DEVICE OR TO WHICH YOUR DEVICE MAY GAIN ACCESS, INCLUDING UNAUTHORIZED DISCLOSURE OR MISUSE OF SUCH INFORMATION.  HTC reserves the right to delete all information left on devices in HTC’s possession without liability to you.
  6. Alteration of Device.  In order to diagnose the described issue and determine whether repairs are necessary, HTC may perform tests or make repairs that will change the condition of the device or the data stored on it.  By submitting the device for diagnosis and repair, you authorize HTC to perform tests and/or make repairs even if those tests or repairs result in changes to the device or the data stored on the device.
  7. Shipping Damage.  After you receive your device, check immediately for any damage that may have occurred during the shipping process.  To make a claim for return shipping damage, you must preserve all shipping materials and documents and contact HTC customer support within 24 hours or by the end of the next business day, whichever comes later.
  8. Devices Deemed Abandoned.  In the event that you do not respond to HTC’s requests for information or authorization to proceed, your device may be deemed abandoned.  HTC will attempt to contact you through the mailing address you provided and, where known to HTC, your telephone number and/or email address.  If 90 days have elapsed without HTC receiving a response to its attempts to contact you, then your device will be deemed abandoned and you authorize HTC to dispose of the device.  HTC will delete the data on the abandoned device and will dispose of it in accordance with applicable laws, including, but not limited to, public or private sale without liability or accounting to you.  HTC reserves its right to maintain liens on devices for unpaid charges, including all shipping costs and the costs of collection.
  9. Limited Service Warranty; Disclaimers.  HTC warrants that the repair services and the repaired or replaced components are free from defects for 90 days either from the date of service or, if the device is under warranty, for the remaining duration of the warranty, whichever expires later.  This limited service warranty only applies when the device has the same failure symptom and the same replacement parts.  Removal of the security seal affixed to the repaired product voids this limited service warranty.  The foregoing limited service warranty states the entire warranty given to you by HTC for servicing your device.  HTC DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  The duration of any warranty that HTC cannot disclaim is limited to 90 days from the date of repair or replacement.  These Terms and Conditions give you specific legal rights, and you may have other rights that vary from state to state.
  10. Limitation of Liability.  HTC’S LIABILITY FOR LOSS OR DAMAGE TO DEVICES IN HTC’S POSSESSION AND YOUR SOLE AND EXCLUSIVE REMEDY IS LIMITED TO THE COST OF REPAIRING OR REPLACING THE DEVICE.  HTC’S ENTIRE LIABILITY IN CONNECTION WITH THESE TERMS AND CONDITIONS (INCLUDING RELATING TO THE REPAIR SERVICE AND ANY INFORMATION STORED ON OR ACCESSIBLE THROUGH DEVICES) SHALL NOT EXCEED THE PRICE PAID TO PURCHASE THE DEVICE; OR IN THE CASE OF THE ON-SITE EXCHANGE PROGRAM TO THE PURCHASE PRICE OF THE PROGRAM.  IN NO EVENT SHALL HTC BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS AND DAMAGES ARISING FROM LOSS OF USE AND LOSS OR MISUSE OF INFORMATION STORED ON OR ACCESSIBLE THROUGH THE DEVICE. 
  11. Applicable Law and Venue.  These Terms and Conditions shall be governed by the laws of the State of Washington, without reference to choice of law principles to the contrary.  You agree that any action arising from the servicing of your device shall be filed only in the state and federal courts in King County, Washington, and you hereby unconditionally consent to the exclusive jurisdiction of such courts over any action in connection with these Terms and Conditions.
  12. Entire Agreement; Severability.  These Terms and Conditions set forth the entire agreement and supersede all prior agreements, representations or understandings regarding the subject matter hereof.  HTC reserves the right to amend these Terms and Conditions from time to time, provided that any amendments will not apply to the Terms and Conditions to which you have already agreed with respect to repair service for a particular device.  If any provision of these Terms and Conditions is found to be unenforceable, then the unenforceable provision shall not affect the enforceability of the remaining provisions.