Service & Sales Agreement

(a) These terms and conditions for services (these "Terms") are the only terms that govern the provision of repair and sales services by PHYX LLCtechnician(s) and their respective subsidiaries, affiliates, employees, representatives, and agents ("Service Provider") to the customer named on the signed PHYX LLCSales & Service Agreement intake sheet ("Customer").

(b) The signed Sales & Service Agreement intake sheet, including the short terms printed on it (the "SERVICES + COSTS"), and these Terms (collectively, this "Agreement") comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. In the event of any conflict between these Terms and the intake sheet, these Terms shall govern, unless the intake sheet expressly states that its terms and conditions shall control.

(c) These Terms prevail over any of Customer's general terms and conditions regardless of whether or when Customer has submitted its request for proposal, order, or such terms. Provision of services to Customer does not constitute acceptance of any of Customer's terms and conditions and does not serve to modify or amend these Terms.

Service Provider shall provide the services to Customer as described in the SERVICES + COSTS in accordance with these Terms.

Service Provider shall use reasonable efforts to meet any performance dates specified in the Agreement, and any such dates shall be estimates only.

Customer shall:

(a) Agree to release, acquit, indemnify, and hold PHYX LLC harmless from liability for any claims, demands, expenses, and/or damages of any kind or description that MAY arise from any repair work performed on my electronic device(s) during this current repair session, both at the main office and/or technician offsite locations;

(b) Understand that PHYX LLC is NOT responsible for any data loss whatsoever and that Customer always has the option to – and is responsible for – backing up their device before allowing any repair to be performed in the event of any data loss, theft, and hardware or software failures;

(c) Understand that iPhone 11 models and up displays and batteries that are changed will show the “Important Display Message” on the lock screen for four days and in the Settings app for 15 days, as this is the warning message that iPhone 11 phones and up, and any other higher iPhone owners will see if the screen/battery is a non-Apple replacement or not serialized with the current logic board;

(d) Understand that iOS 18 may present display messages concerning originality/functionality of parts used and that this is out of PHYX's control but should be mitigated with future software updates from Apple;

(e) Understand that all purchases are considered FINAL and PHYX LLC does not provide money back on a purchase or repair. Once the repair is finished and Customer has inspected the device to their liking, and the monetary transaction has been completed, this constitutes a final sale;

(f) Understand that PHYX LLC may use new, used, or reconditioned parts. PHYX LLC will retain the replaced part from the repair service as its property;

(g) Understand that Customer photograph, device photograph, and/or (personal) information may be used for promotional purposes in and for PHYX LLC advertising. All phone calls and the office interactions are recorded for quality assurance;

(h) Understand that there will be extra fees imposed on original repair costs at the Owner's discretion for obscene behavior or verbal abuse toward PHYX LLCstaff, in person, by phone, or by message. Nothing in this Agreement limits Customer's right to post a review of, or comment about, PHYX LLC;

(i) Understand that all game system repairs will be on an ESTIMATED 7-10 business day schedule. We will not entertain “check in” calls. If you call excessively about your item, we will charge you for each call (up to Owner's discretion);

(j) Understand that there are NO RETURNS or MONEY BACK or REFUNDS of any kind on any merchandise or service, except at the Owner's discretion;

(k) Understand that we cannot and will not be held responsible for items stolen during a break in event or any items damaged during flood, fire, building collapse, or any other similar act of God that we can't control; and

(l) Understand that all deposits are NON REFUNDABLE.

If Service Provider's performance of its obligations under this Agreement is prevented or delayed by any act or omission of Customer or his/her/its agents, employees or third parties, Service Provider shall not be deemed in breach of its obligations under this agreement or otherwise liable for any costs, charges, or losses sustained or incurred by Customer to the extent arising directly or indirectly from such prevention or delay.

In the event payments are not received by Service Provider within 14 days after becoming due, Service Provider will sell the merchandise in question and/or retain such merchandise as its own property. A payment becomes due on the date the item has been fixed and Service Provider has reached out to Customer.

Customer shall be responsible for all sales, use and excise taxes, credit/debit card swipe fees, PayPal fees, and any other similar taxes, duties and charges of any kind imposed by any federal, state, or local governmental entity on any amounts payable by Customer hereunder.

(a) Service Provider represents and warrants to Customer that it shall perform the Services using personnel of required skill, experience, and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services and shall devote adequate resources to meet its obligations under this Agreement.

(b) The Service Provider shall not be liable for a breach of the warranty set forth in Section VIII(a) unless Customer gives notice of the defective Services, reasonably described, to Service Provider in writing or by phone within 14 days of the time when Customer discovers or ought to have discovered that the Services were defective.

(c) Subject to Section VIII(b), Service Provider shall, in its sole discretion, either:

(i) repair or re-perform such Services (or the defective part); or

(ii) credit or refund the price of such Services at the pro rata contract rate.

(d) THE REMEDIES SET FORTH IN SECTION VIII(c) SHALL BE THE CUSTOMER'S SOLE AND EXCLUSIVE REMEDY AND SERVICE PROVIDER'S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN SECTION VIII(a).

EXCEPT FOR THE WARRANTY SET FORTH IN SECTION VIII(a) ABOVE, SERVICE PROVIDER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE SERVICES, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. Repairs performed by PHYX LLC may void manufacturer warranties, and PHYX LLC does not assume any liability in the event that the manufacturer warranty is voided.

(a) IN NO EVENT SHALL SERVICE PROVIDER BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, LOSS OF DATA OR DIMINUTION IN VALUE, LOSS OF REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

(b) IN NO EVENT SHALL SERVICE PROVIDER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED TWO TIMES THE AGGREGATE AMOUNTS PAID OR PAYABLE TO SERVICE PROVIDER PURSUANT TO THIS AGREEMENT.

(c) The limitation of liability set forth above shall not apply to liability resulting from Service Provider's gross negligence or willful misconduct.

This Agreement never expires and is valid for any repair work performed on my electronic device(s) during this current repair session OR during ANY future repair sessions that I may require, both at the main office and/or technician offsite locations.

No waiver by Service Provider of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by Service Provider. No failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

The Service Provider shall not be liable or responsible to Customer, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Service Provider including, without limitation, acts of God, criminal acts of a third party, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Customer shall not assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of Service Provider. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves Customer of any of its obligations under this Agreement.

The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.

All matters arising out of or relating to this Agreement are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule (whether of Massachusetts or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of Massachusetts.

All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration with Arbitration Resolution Services (ARS). The Service Provider and Customer expressly agree to abide by any and all rules of ARS as found in their web site at www.arbresolutions.com. In the event that a party fails to pay any award, the award may be converted to judgment in a Court of competent jurisdiction. Further, the Service Provider and Customer expressly agree to split the costs of such binding arbitration.

To the extent alternate dispute resolution provided for above in Section XVII fails, any legal suit, action, or proceeding arising out of or relating to this Agreement shall be instituted in the federal courts of the United States of America or the courts of the Commonwealth of Massachusetts in each case located in the City of Springfield and County of Hampden, and the Service Provider and Customer irrevocably submit to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.

All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a "Notice") shall be in writing and addressed to the parties at 95 Mill Street, Suite B1, Springfield, MA 01108. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile or email to repairs@phyx.me (with confirmation of transmission) or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a Notice is effective only (a) upon receipt of the receiving party, and (b) if the party giving the Notice has complied with the requirements of this Section. A report of defective Services under Section VIII(b) may also be made by phone at 413-234-4313.

If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

This Agreement may only be amended or modified in a writing which specifically states that it amends this Agreement and is signed by an authorized representative of each party.

See also our Terms of Service and Privacy Policy.