FLOW MOBILE DEVICE REPAIR SERVICE TERMS AND CONDITIONS

This is an agreement between the customer shown on the reverse side (“the Customer”) and Cable & Wireless Jamaica Limited, hereinafter referred to as FLOW for the provision of mobile device repair service and any service related thereto (“the Service”). This Agreement and use of the Service are further subject to the General Terms and Conditions of Mobile Service. Signature of the form on the reverse side or use of the Service constitutes acceptance of this Agreement.

1. Definitions

   In this Agreement, the following terms shall, unless the context requires otherwise, have the meanings set out below:

   “Date of Repair” means the date on which the device is returned to the relevant FLOW location for collection by the Customer.

   “Loaner device” means any FLOW owned mobile device loaned to the Customer for use while his mobile device is being repaired.

   “mobile phone” means any mobile device unit activated and used on the FLOW mobile network.

   “Warranty” means such Limited Warranty as supplied by the manufacturer of the Customer’s mobile device.



2. Availability of Service
   1. Service is available 8:00 am to 5:00 pm, Monday to Friday on regular working days, subject to differing opening hours of specific FLOW locations.


3. Charges
   1. Charges for the Service and related fees shall be based on rates published by FLOW from time to time.
   2. The Customer must pay all relevant charges and fees prior to collecting the device left for repair (including but not limited to cost of repair, replacement fees and damaged loaner device fees)
   3. Notwithstanding any clause herein, FLOW may transfer charges and fees to the monthly bill of Customers with Post Paid Packages, where requested by the Customer.
   4. Any Customer whose mobile device is not under warranty must pay a non- refundable inspection fee upon leaving the device to be repaired.
   5. Any Customer who returns a damaged Loaner device must pay a fee in that regard (“damaged loaner fee”).
   6. Any Customer who does not return a Loaner device must pay a replacement fee.


4. Collection of Mobile device / Return of Loaner device
   1. FLOW will notify Customers when their devices are ready to be collected. If a Customer does not collect the device and return the loaner device within seven (7) days of such notification, the Customer’s mobile telephone service may be temporarily disconnected until the loaner is returned and/or the relevant fees paid..
   2. Customer’s mobile telephone service may be suspended fourteen (14) days after the Date of Repair if the Loaner device is not returned and the relevant Charges paid within that period. Subject to clause 4.3, mobile telephone service will be re-connected upon return of the Loaner device and payment of the relevant outstanding charges and fees, at no further cost to the Customer.
   3. Customer’s mobile telephone service may be terminated (permanently disconnected) thirty (30) days after the Date of Repair if within that period, the Loaner device is not returned and the relevant charges and fees are not paid.
   4. Repaired mobile devices will become the property of FLOW if they are not collected within sixty (60) days of the Date of Repair. Such device may be disposed of by FLOW in such manner as it deems fit.


5. Warranty
   1. FLOW will honour any manufacturer’s warranty which is valid and subsisting in respect of Customer’s mobile device provided that Customer’s mobile device was purchased from FLOW or its dealers / agents.
   2. Repairs made to mobile device subject to this Agreement will remain under limited warranty for a period of ninety (90) days after the date of Repair.
   3. FLOW warrants that all repairs pursuant to this Agreement shall be undertaken by a repair facility authorized by the manufacturers of Customer’s mobile device to perform such repairs.


6. Limitation of Liability
   1. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, FLOW SHALL NOT BE LIABLE FOR NON-PERFORMANCE OR UNAVAILABILITY OF THE SERVICE IF SAME IS CAUSED BY OR CONTRIBUTED TO BY EQUIPMENT FAILURE OR BREAKDOWN, ACTS OF GOD, STRIKE, LABOUR DISTURBANCE, CIVIL UNREST, THE ACT OR OMISSION OF ANY GOVERNMENT AUTHORITY, REGULATORY AUTHORITY, ANY OTHER TELECOMMUNICATIONS CARRIER OR OTHER CAUSES BEYOND FLOW’S REASONABLE CONTROL. IF FLOW INCURS ANY LIABILITY TO THE CUSTOMER (WHETHER DUE TO NEGLIGENCE OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, THE LIABILITY OF THE COMPANY SHALL BE LIMITED AT FLOW’S SOLE DISCRETION TO EITHER REPLACEMENT OF CUSTOMER’S MOBILE DEVICE FOR ONE OF EQUAL VALUE OR REIMBURSEMENT OF THE THEN CURRENT FLOW RETAIL PRICE OF THE CUSTOMER’S MOBILE DEVICE. IN NO EVENT SHALL FLOW BE LIABLE TO THE CUSTOMER, HIS EMPLOYEE, AGENTS, CLIENTS OR ANY THIRD PARTY FOR:
   2. (i) ANY DELAY OR INCIDENTAL GENERAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH, FLOW’S FAILURE TO PERFORM UNDER THIS AGREEMENT;
   3. (ii) DEATH OR PERSONAL INJURY OR DAMAGE TO PROPERTY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE.
   4. (iii) ANY LOSS OF DATA SOFTWARE OR APPLICATIONS ADDED TO THE CUSTOMER’S DEVICE BY THE CUSTOMER INCLUDING BUT NOT LIMITED TO PERSONAL CONTACTS GAMES AND RING TONES. IT IS SOLELY THE RESPONSIBILITY OF THE CUSTOMER TO BACK UP DATA PRIOR TO LEAVING A MOBILE DEVICE FOR REPAIR
   5. FLOW MAKES NO REPRESENTATION AND GIVES NO WARRANTIES WHETHER EXPRESS OR IMPLIED, OTHER THAN AS EXPRESSLY SET OUT HEREIN.


7. Changes
   1. FLOW has the right to modify this Agreement from time to time.


8. Notice
   1. Notice to Customers may be published in a daily newspaper circulated in the island, by radio announcement, by notices placed in our FLOW locations, sent by SMS messages to Customer’s mobile telephone number given on the reverse side or phone call to the contact number so given.


9. Customer Copy
   1. The Customer confirms that he/she has received a copy of this Agreement, has read it and clearly understands it.


10. Governing law
    1. This Agreement shall be governed by Jamaican Law.