Terms & condistions

1. Estimated turnover period
We estimate that we will normally be able to complete orders and return the units to most mainland addresses in the UK within 5 working days from receipt of the unit. Where the repair requires parts to be specially ordered or delivery to remote areas of the UK, or to other countries, this may take longer. HTC EU will endeavour to complete all orders within 5 working days from clearance of payment or warranty authorisation.
2.1 General
These terms and conditions do not affect your statutory rights.
2.2 In warranty Repair
In-Warranty repair means a repair carried out on a unit within 12 months of its purchase. This is not a Non-Warranty chargeable repair.
2.3 Non-Warranty chargeable repair
Repair of a unit that is In-Warranty but which needs to be repaired for one of the following or similar reasons will be classified as a Non-Warranty chargeable repair:
a)	Accidental damage. Accidental damage to the unit, such as dropping it on the ground or in water, broken LCD, damaged Sync/Charger Connector, damage caused by liquid entering the unit, dog bites, or other misuse due to failure of the customer to follow the instructions properly or failure to upgrade the software as procedures outlined warranty terms or downloading illegal software onto the unit. Where the fault is caused by downloading illegal software into the unit or other accidental damage, the customer will be required to pay for spares, labour, diagnosis and software refurbishment along with shipping and handling charges plus VAT. These figures together with any other costs will be specified under the "quotation for chargeable repairs" procedure as set forth in this Agreement.
b)	No Fault Found (NFF). Given below are some examples of NFF:
	Failure of the unit to charge due to particles trapped inside the charging socket.
	Failure to use the unit properly according to instructions in the manual and warranty terms.
	If the unit is identified as NFF, the customer will be required to pay the cost of fault-diagonsis and shipping. These figures together with any other costs will be specified under the "quotation for chargeable repairs" procedure as set forth in this Agreement.
c)	Liquid Damage. We recommend that the customer does not send us phones which have been damaged by liquid. Liquid damaged phones are expensive to repair as all the major components have to be replaced and for this reason we classify them as Beyond Economic Repair.
If a unit, declared as In-warranty during the initial telephone conversation with HTC EU helpdesk, is subsequently diagnosed as misuse and/or accidental damage by our engineers, the customer is liable for the spares, labour, diagnostic, handling and shipping charges.
d)	Ship-Back Un-repaired Charges. In case the customer does not wish to proceed with the repairs, the customer is liable to pay the diagnostic, shipping and handling charge which currently stands at £20 including VAT.
e)	Scrapping of Phones. The customer must pay either the amount as per the Proforma Invoice or the Ship back Un-repaired charges within twenty one (21) calender days of the date of the Proforma Invoice relating to the Quotation. In case, the customer fails to pay within the specified period,HTC EU reserves the right to right to choose to either (a) return the Device without undertaking any Repair Services to the Customer or (b) to scrap the Device without further notice to the Customer within a furhter thirty (30) days.
2.4 Out-Of-Warranty chargeable repair
Repair to a unit which is carried out after 12 months from the date of purchase shall be classified as an "Out-Of-Warranty" chargeable repair.
2.5 Charges for In-Warranty Repair and Non-Warranty Repair
In-Warranty repairs will be carried out at no cost to customer but Non-Warranty repair and Out-Of-Warranty repairs must be paid for by the customer.
2.6 Quotation for chargeable repairs
	Preliminary quote over the phone:
	A preliminary quote can be given verbally based on the symptoms and warranty status described by customer. This is intended to assist the customer in his/her decision whether to place an order for repair or not. The preliminary quote will be a non-binding indicative quote which is inclusive of labour, material, VAT, handling and shipping
	Final quote:
	Upon receipt of the unit for repair, a HTC EU engineer will verify the warranty and fault status, after which a proforma invoice will be raised. Repairs will not commence until the appropriate payment has been made and received. The final quote is inclusive of labour, material, VAT, insurance, handling and shipping.
2.7 Payment Methods for chargeable repairs
For customers requiring chargeable repairs, we accept credit card payment via our website at http://service.htceurope.com, (you will need your case number and password), or by postal order. Payment may be made by cheque but it must be cleared before your unit is repaired and dispatched.Please write down your name in block characters and your S/N or case number at the back of your cheque. Please be aware that at present we cannot accept payments over the phone by Credit/Debit cards.
2.8 Service warranty
Once repaired, a service warranty will be offered as set out in these terms and conditions in respect of repair for the remainder of the manufacturer warranty or three months, whichever is longer.
2.9 Limitation of warranties
Except as expressly set out in this Agreement, all conditions, warranties and other terms, whether express or implied, written or oral, statutory or otherwise, with respect to any goods, products or services provided hereunder, including, without limitation, as to quality, care and skill and fitness for purpose are excluded.
2.10 Delivery Times
Delivery Times quoted are for most UK Mainland addresses. Deliveries to Northern Ireland, Isle of Man, Scottish Highlands and Orkney Isles, Outer Hebrides and the Shetland Isles will incur additional charges and may also experience delivery delays.
2.11 Risk
As soon as we have delivered your repaired unit, you will be responsible for it. The unit will only be delivered to the address specified at the head of this letter and the unit must be signed for on delivery. HTC EU liability ends after the delivery of unit is confirmed.
2.12 Time Limitation for Notification of Claims
Unless one of the following notifications is made and received within the timescales indicated in the text below, then the unit will be deemed to have been delivered satisfactorily in full working condition:
Missing, Loss and Damage in transit after repair
·	If a unit arrives in a damaged condition you must inform us of the damage within 2 days from the receipt of the unit.
·	If you have not received in an anticipated period, please ring HTC EU help desk. HTC EU will initiate the insurance claim process if a unit is found to be lost and/or missing in transit.
Loss and Damage in transit upon receiving at HTC EU warehouse
·	If transport for your unit is arranged by HTC EU, we will notify you if it is damaged in transit. In such circumstances, we will endeavour to meet the cost of any such damage by seeking to claim under our insurance coverage.
·	If the unit is sent to HTC EU directly by you it is your responsibility to have proper packaging and insurance coverage for the loss and damage. We will notify you if it is damaged in any way in transit. In such circumstances, you will be responsible for any damage caused to it.
Incorrect units received by the customer
It is your responsibility to notify us of any in-correct goods supplied within 2 days from the receipt of the unit.
3. Your personal data in the phone
Please note that the latest software version may be installed in your unit after repair. All of your personal data will be lost after such installation. We ask you to, if possible, backup your personal data before you send the unit to HTC EU for repair. We are not responsible for any loss of your personal data saved on your phone after repair. By signing this agreement, you will be deemed to have given express consent to HTC EU installing new software on your unit and thereby erasing your personal data.
4.1 Shipping - To HTC
Whilst shipping your unit for repair please record your consignment number for tracking purposes. The ticksheet in this letter is required to be sent along with your unit.   Address to be sent to:   Mail-in Service   HTC Europe Co. Ltd.   Communications House, Presley Way, Crownhill, Milton Keynes, MK8 0ES, UK
4.2 Shipping - HTC to Customer
Our courier will make 2 attempts to deliver to the address as given on the customer tick-sheet. ANY FURTHER DELIVERIES WILL NEED TO BE PAID FOR BY YOU. Current costs for this can be found by calling 0871 223 0217.
5. Scope of Work
HTC EU will carry out repairs in accordance with the terms of the Agreement. It will only repair faults which are identifiable from the symptoms which are reported to it at the time of placing the order.
6. Disclaimer and Limited Liability
Except for death or personal injury caused by gross negligence of HTC EU, HTC EU will not be liable for any loss of profits, loss of savings, loss of use, loss of business or any other incidental, indirect or consequential damages under any part of this agreement even if advised or aware of the possibility of such damages. In no event shall HTC EU’s liability exceed the aggregated sum that HTC EU has received from you.
7. Law and Jurisdiction
This Agreement will be governed and construed in accordance with English Law. Any claim, dispute or controversy arising out of, related in any way to, or in connection with this Agreement shall be resolved under the exclusive jurisdiction of the courts of England and Wales.
8. Severability
In the event any one or more of the provisions of this Agreement is held to be unenforceable under applicable law: (i) such unenforceability shall not affect any other provision of this Agreement; (ii) this Agreement shall be construed as if said unenforceable provision had not been contained herein; and (iii) the parties shall negotiate in good faith to replace the unenforceable provision with an enforceable provision which has the effect nearest to that of the provision being replaced.
9. Termination
Either party may terminate this Agreement, by giving written notice to the other if the other party breaches a material obligation under this Agreement, and the breach is not capable of being remedied or following receipt of written notice of the breach, the other party fails to remedy the breach within 30 days of the receiving the notice of the breach.
HTC EU may terminate this Agreement for convenience, upon ninety (90) days prior written notice to the customer.
10.Force Majeure
Neither Party shall be liable for any delay in performing its obligations hereunder if such delay is caused by an event beyond the reasonable control of either party. Subject to the Party so delayed promptly notifying the other Party in writing of the reasons for the delay, the likely duration of the delay, the steps being taken to remedy it and a time estimate for the period required to remedy it, the performance of that Party's obligations shall be suspended during the period that those circumstances persist and that Party shall be granted an extension of time for performance of its obligations equal to the period of the delay.
11. Entire Agreement
This Agreement constitutes the entire agreement by and between the parties with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, negotiations and understandings, whether oral or written. Its terms are intended by the parties as a final expression of their agreement with respect to such terms as are include herein and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement.
12. Third Party Rights
This Agreement does not, by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise, confer any rights or benefits on any person or class of persons existing now or in the future, who is not a party to this Agreement.