These are the Terms and Conditions governing the repair of your product by Fossil Canada, Inc. (“Fossil”). By checking the box that you accept these Terms and Conditions, you are entering into a binding legal contract with Fossil.
1. Fossil will provide you with an estimate of the charges for your repair (if any). The estimate is based upon information you provide, without Fossil’s assessment of the actual work that will need to be done. It is possible that once your product is sent to Fossil for repair and assessment, the actual charges for the repair will deviate from the estimate. You will be contacted after Fossil’s assessment with the actual charges for the repair work (if any).
2. If the repair of your product will incur service charges, Fossil will repair your product as described and for the charges (including, if applicable, shipping and handling charges) shown in your service proposal.
3. Warranty Repairs
When the product is covered by warranty, Fossil will perform the repairs without repair charges under the terms of the warranty, provided that you have presented satisfactory proof of the product’s eligibility for such repairs. If you send your product in for repair, believing that the repair is covered under the warranty, but Fossil determines, in its reasonable discretion, that the repair is not covered under the warranty, Fossil will seek your approval of a service proposal for the repair. If you do not respond to Fossil’s revised service proposal, your product may be sent back to you without being repaired. If you authorize Fossil to conduct the non-warranty repair, you will be charged the additional fees agreed to in the service proposal. If you do not authorize Fossil to conduct the non-warranty repair, your product will be returned to you without being repaired.
4. Non-Warranty Repairs
When the repair requested is not-covered by warranty, upon receipt of your product, Fossil will determine what repairs are needed and Fossil will provide you with a service proposal. If you do not respond to Fossil’s service proposal, Fossil may send the product back to you without being repaired. If you authorize work under the service proposal, you will be charged the fees agreed to in the service proposal. If you do not authorize the work in a service proposal or do not respond to a service proposal, Fossil may send the product back to you without being repaired.
5. Abandoned Orders
If you submit an order through the online repair portal, but Fossil does not receive the product covered by the order within 30 days of the order date, Fossil will attempt to send you a reminder to ship your product in for repair. Fossil will provide such notice to you at the email address you furnished when you authorized the repairs. If, after Fossil sends the reminder, your product is still not received by Fossil within an additional 60 days, Fossil will cancel the order.
6. In repairing your product Fossil may use new, used or reconditioned parts. Fossil will retain the replaced part that is exchanged under repair service as its property, and the replacement part will become your property. Replaced parts are generally repairable and are exchanged or repaired by Fossil for value. If applicable law requires Fossil to return a replaced part to you, you agree to pay Fossil the additional cost of the replacement item.
7. If Fossil repairs your product under warranty, the repairs will be covered solely by the terms of the warranty and applicable provisions of law. If your product is repaired outside of warranty, Fossil warrants (1) that the repairs will be performed in a competent and workmanlike manner and (2) that all parts used to repair your product will be free from defects in materials and workmanship for a period of ninety (90) days, unless otherwise specified by Fossil. The warranty on parts is an express limited warranty. If a defect exists in a replacement part during the part’s warranty period, at its option, Fossil will (1) repair the part, using new, used or reconditioned replacement parts, (2) replace the part with a new, used or reconditioned equivalent part, or (3) refund the fair market value of the part, as determined by Fossil. THIS WARRANTY AND REMEDY ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, WITH RESPECT TO THE REPAIR PARTS. FOSSIL SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES WITH RESPECT TO SUCH PARTS, INCLUDING, WITHOUT LIMITATION,WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF FOSSIL CANNOT LAWFULLY DISCLAIM IMPLIED WARRANTIES UNDER THIS LIMITED WARRANTY, ALL SUCH WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THE DURATION OF THE EXPRESS LIMITED WARRANTY. Some states and provinces do not allow the exclusion or limitation of incidental or consequential damages or exclusions or limitations on the duration of implied warranties or conditions, so these limitations or exclusions may not apply to you. The express limited warranty on repair parts gives you specific legal rights, and you may also have other rights that vary by state or province.
8. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOSSIL AND ITS AFFILIATES, WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM PERFORMANCE OF ANY REPAIR SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, OR CORRUPTION OF DATA; OR ANY COSTS OF RECOVERING, PROGRAMMING, OR RESTORING ANY PROGRAM OR DATA STORED OR USED WITH YOUR PRODUCT AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON YOUR PRODUCT. THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS. FOSSIL SPECIFICALLY DOES NOT WARRANT THAT IT WILL BE ABLE TO (i) REPAIR OR REPLACE YOUR PRODUCT WITHOUT RISK TO OR LOSS OF PROGRAMS OR DATA, AND (ii) MAINTAIN THE CONFIDENTIALITY OF DATA. IF ANY PRODUCT SHOULD BE DAMAGED OR LOST WHILE IN FOSSIL’S CUSTODY, FOSSIL’S LIABILITY WILL BE LIMITED TO THE COST OF REPAIR OR REPLACEMENT OF THE AFFECTED PRODUCT. OTHERWISE, FOSSIL’S LIABILITY FOR ANY AND ALL DAMAGE SHALL IN NO EVENT EXCEED THE PAYMENTS RECEIVED BY FOSSIL FOR SERVICES PROVIDED PURSUANT TO THESE TERMS. THE REMEDIES SET FORTH HEREIN SHALL BE YOUR SOLE AND EXCLUSIVE REMEDIES FOR ANY BREACH BY FOSSIL UNDER THESE TERMS AND CONDITIONS. FOSSIL IS NOT LIABLE FOR LOSS OR CORRUPTION OF DATA OR YOUR CONFIDENTIAL, PROPRIETARY OR PERSONAL INFORMATION OR REMOVABLE DATA. BEFORE YOU SEND IN YOUR PRODUCT FOR ANY REPAIR SERVICE, YOU SHOULD MAKE A BACKUP COPY OF YOUR DATA AND REMOVE ANY CONFIDENTIAL, PROPRIETARY OR PERSONAL INFORMATION.
9. These Terms and Conditions are governed by the laws of the State of Texas(without giving effect to its conflict of law provisions). If any provision of these Terms and Conditions is held to be illegal or unenforceable, that provision will no longer be part of the Terms and Conditions, and the Terms and Conditions will be enforceable as though that provision never was a part of them.
10. These Terms and Conditions are the only ones that govern Fossil’s repair of your product. No other oral or written terms or conditions apply, including ones in any purchase order that you provide to Fossil. No one has the authority from Fossil to vary any of these Terms and Conditions.
11. Some Fossil products are subject to United States and foreign export control laws and regulations, and must be purchased, sold, exported, re-exported, transferred, or used in compliance with such export laws and regulations.