Legal
Effective Date: January 1, 2025 Β· Governing Law: State of Georgia
PLEASE READ THIS AGREEMENT CAREFULLY. By leaving your device with StoneMTN Device Repair ("StoneMTN," "Company," "we," "us," or "our") for any service, or by requesting any service from us in person, by telephone, by email, or through our online booking portal, you ("Customer," "you," or "your") agree to be bound by these Terms of Service and Limited Warranty ("Agreement"). This Agreement constitutes a legally binding contract between you and StoneMTN Device Repair under the laws of the State of Georgia. If you do not agree to these terms, do not authorize or request any service.
As used in this Agreement:
By authorizing Service, you represent and warrant that: (a) you are the lawful owner of the Device or have written authorization from the lawful owner to authorize Service; (b) you are at least 18 years of age, or if under 18, that a parent or legal guardian has authorized the Service on your behalf; (c) the Device is not reported stolen or subject to any legal hold; and (d) you have read, understood, and accepted this Agreement in its entirety.
Authorization may be given in writing, verbally in person, by telephone, by email, or through our online booking portal. Verbal authorization carries the same binding legal effect as written authorization under O.C.G.A. Β§ 13-3-1. Audio recordings of verbal authorizations may be retained by StoneMTN Device Repair.
You acknowledge that repair work on electronic devices carries inherent risks including, but not limited to: cosmetic damage to aged, worn, or pre-damaged housing; component failure triggered by disassembly of a device with pre-existing damage; data loss; and battery failure in devices with swollen or degraded batteries. By authorizing Service, you accept these risks.
StoneMTN Device Repair offers a complimentary initial diagnostic inspection. During this inspection, a technician assesses the Device and provides a written repair estimate at no charge and with no obligation. The free diagnostic does not include disassembly of the Device.
A non-refundable troubleshooting fee of Thirty Dollars ($30.00 USD) is charged when any one or more of the following occurs:
The troubleshooting fee compensates for technician labor, diagnostic time, tools used, and any consumable materials. The troubleshooting fee is non-refundable under all circumstances, including but not limited to: (a) the repair is not successful; (b) the Customer declines to proceed after disassembly has begun; (c) the Device is determined to be BER; (d) pre-existing undisclosed damage prevents successful completion; or (e) the Customer cancels after parts have been ordered.
The troubleshooting fee is separate from and in addition to the repair cost quoted in the Work Order. The full repair cost is collected only upon successful completion of the repair.
Parts ordered for a Device that is not repaired become the property of StoneMTN Device Repair and may not be claimed by the Customer, as the troubleshooting fee compensates for all materials used in the attempt.
We provide a written estimate before beginning any Service that incurs a charge beyond the troubleshooting fee. The estimate will specify: (a) the repair to be performed; (b) the estimated cost of parts and labor; and (c) the estimated turnaround time. Work will not commence beyond the diagnostic stage without Customer approval of the estimate.
If additional damage or complications are discovered during the repair that were not apparent at the time of the estimate, we will contact you before proceeding with additional work or incurring additional costs. If you cannot be reached within 24 hours and the Device must be reassembled to preserve its integrity, the troubleshooting fee applies and no further work will be performed pending your authorization.
Payment is due in full upon pickup of the repaired Device. StoneMTN Device Repair reserves the right to retain possession of a Device until payment is received in full. Accepted forms of payment are disclosed at the point of service. We do not accept personal checks.
If a repaired Device is not picked up and payment is not made within 30 days of notification that the repair is complete, StoneMTN Device Repair may apply a storage fee of up to $5.00 per day and may ultimately treat the Device as abandoned pursuant to Section 11.
StoneMTN Device Repair warrants all completed Covered Repairs against defects in workmanship and defective parts installed by our technicians for a period of One Hundred Eighty (180) calendar days from the date the repaired Device is returned to the Customer (the "Warranty Period"). The Warranty Period does not reset or extend following a warranty repair β the original 180-day period from the initial repair completion date governs throughout.
This Limited Warranty covers the following, subject to the exclusions in Section 5.3:
This Limited Warranty expressly does not cover, and StoneMTN Device Repair has no obligation with respect to:
To make a warranty claim, you must: (a) contact StoneMTN Device Repair within the Warranty Period by phone or email; (b) provide your Work Order number, full name, and a description of the issue; (c) return the Device to our location during normal business hours for inspection. Warranty claims cannot be processed remotely.
StoneMTN Device Repair will inspect the Device and determine in its sole, reasonable discretion whether the failure is a covered warranty issue. If covered, we will repair the Device at no charge to you, using parts of equal or greater quality to those originally installed. If the inspection reveals the failure is due to an excluded cause, we will notify you and provide a new estimate for any additional repair at standard rates.
THIS LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY PROVIDED BY STONEMTN DEVICE REPAIR. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED β INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT β ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING THE GEORGIA UNIFORM COMMERCIAL CODE (O.C.G.A. TITLE 11).
If the same repair issue recurs and is repaired by StoneMTN Device Repair under warranty three (3) separate times within the original Warranty Period, and all three warranty repairs are determined to be Covered Repairs under Section 5, the Customer becomes eligible for a device replacement upon the fourth (4th) presentation of the same covered issue. All four service events must occur within the original 180-day Warranty Period from the initial repair completion date.
To qualify for device replacement:
Device replacement under this policy is subject to the following:
The No-Lemon Policy provides for device replacement only. No cash payment, store credit, gift card, or other monetary equivalent will be provided in lieu of a replacement device. This policy is non-transferable and applies only to the original Customer named on the Work Order.
Repairs performed outside the Warranty Period, or for issues excluded from coverage under Section 5.3, are not covered under this Agreement. Such repairs will be quoted at our standard rates, and a new Work Order will be issued. Any out-of-warranty repair carries its own limited warranty covering the newly repaired component only, for a period of ninety (90) days from the completion of that specific out-of-warranty repair.
YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR BACKING UP ALL DATA, FILES, AND CONTENT ON YOUR DEVICE PRIOR TO SUBMITTING IT FOR SERVICE. This obligation exists regardless of the type of service requested. StoneMTN Device Repair strongly recommends performing a full encrypted backup to iCloud, Google Drive, Samsung Cloud, an external hard drive, or another secure backup solution before any service appointment.
The following procedures carry a known or high risk of complete data loss. StoneMTN Device Repair will specifically inform you and obtain your written or verbal acknowledgment before performing any of these:
Even with your acknowledgment, StoneMTN Device Repair is not liable for data loss during or after any service, regardless of cause.
You may be asked to disable passcodes, Face ID, Touch ID, Find My iPhone, Samsung's Find My Mobile, or similar device protection features before leaving your Device for service. These features can prevent our technicians from completing diagnostic tests and repairs. Failure to disable such features may delay your service or prevent completion. StoneMTN Device Repair will not attempt to bypass or circumvent any security feature without your explicit authorization.
Our technicians will access your Device only to the extent reasonably necessary to diagnose and complete the authorized repair. We do not intentionally access, copy, transmit, or retain personal files, photos, messages, financial information, or other personal data. Any incidental access to personal data during repair is confidential and will not be disclosed to third parties except as required by law.
StoneMTN Device Repair will exercise reasonable care in handling your Device. We are responsible for damage to your Device caused directly by our negligence or gross negligence during the Service.
In the event of Device damage caused by StoneMTN Device Repair's negligence, our total liability shall not exceed the lesser of: (a) the Fair Market Value of the Device immediately prior to the Service, or (b) the total amount paid by you to StoneMTN Device Repair for the specific Service giving rise to the claim. We are not liable for diminution of value beyond this cap.
StoneMTN Device Repair is not liable for pre-existing physical damage, cosmetic wear, or internal defects that were present in the Device before Service was performed. We will document any visible pre-existing damage during intake. If you dispute our intake documentation, you must raise the dispute before leaving the Device for Service.
StoneMTN Device Repair maintains general liability insurance covering physical premises and operations. However, our insurance does not cover loss of personal data, software, or the fair market value of lost or stolen devices beyond the limits described in 9.2. Customers with high-value devices are encouraged to carry personal property insurance.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE GEORGIA LAW (INCLUDING O.C.G.A. Β§ 11-2-719), STONEMTN DEVICE REPAIR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO ANY SERVICE, DEVICE FAILURE, DATA LOSS, OR BREACH OF THIS AGREEMENT, EVEN IF STONEMTN DEVICE REPAIR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, STONEMTN DEVICE REPAIR IS NOT LIABLE FOR: LOSS OF PROFITS OR BUSINESS REVENUE; LOSS OF BUSINESS OPPORTUNITIES; LOSS OF PERSONAL OR BUSINESS DATA; LOSS OF GOODWILL; COSTS OF SUBSTITUTE GOODS OR SERVICES; PERSONAL INJURY ATTRIBUTABLE TO DEVICE FAILURE; OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OF ANY KIND.
A Device is considered abandoned if: (a) StoneMTN Device Repair has completed or attempted Service and notified the Customer, and (b) the Customer has not retrieved the Device and completed payment within thirty (30) calendar days of notification.
We will make at least three (3) reasonable attempts to contact you at the phone number and email address on file before treating a Device as abandoned. Notifications will be made by telephone, text message, and email. Inability to reach the Customer does not suspend the 30-day abandonment clock.
After a Device has been abandoned for thirty (30) calendar days, StoneMTN Device Repair may: (a) impose a storage fee of up to Five Dollars ($5.00) per day retroactive to the pickup notification date; (b) after a total of sixty (60) days from pickup notification, sell, donate, recycle, or otherwise dispose of the Device in accordance with applicable Georgia law, including O.C.G.A. Β§ 44-14-400 et seq. (Georgia Bailee's Lien on Personal Property). Proceeds from any sale shall first offset outstanding service charges, storage fees, and disposal costs; any remaining proceeds shall be held for 90 days for Customer claim before being remitted to the state as unclaimed property under O.C.G.A. Β§ 44-12-190 et seq.
You agree to defend, indemnify, and hold harmless StoneMTN Device Repair and its owners, employees, contractors, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your breach of any provision of this Agreement; (b) your submission of a Device you did not own or have authority over; (c) any unlawful activity involving the Device submitted for Service; or (d) your negligence or willful misconduct.
Before initiating arbitration or any legal proceeding, you must first contact StoneMTN Device Repair in writing at stonemtnrepair@gmail.com describing your dispute in detail. You must allow us thirty (30) calendar days to respond and attempt an informal resolution. This step is mandatory and is a condition precedent to filing arbitration.
If informal resolution fails, any dispute, controversy, or claim arising out of or relating to this Agreement, any Service, or any breach, termination, or validity thereof (a "Dispute") shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") pursuant to its Consumer Arbitration Rules then in effect, except as modified herein. The arbitration shall be conducted in DeKalb County, Georgia, or by video conference if agreed by both parties. The arbitrator shall have authority to award the same remedies that a court could award, subject to the limitations in this Agreement. The arbitrator's decision shall be final, binding, and enforceable in any court of competent jurisdiction under the Federal Arbitration Act, 9 U.S.C. Β§ 1 et seq.
For claims under Five Thousand Dollars ($5,000.00), StoneMTN Device Repair will pay all AAA filing, administration, and arbitrator fees if you are the claimant. For claims over $5,000.00, fees will be allocated as provided by AAA rules. Each party bears its own attorneys' fees unless the arbitrator determines the claim or defense was frivolous.
Notwithstanding the arbitration obligation, either party may bring an individual claim in Georgia Magistrate Court or Small Claims Court if the claim qualifies under that court's jurisdictional limits and the claim is filed and maintained as an individual, non-class action.
BY AGREEING TO BINDING ARBITRATION, BOTH PARTIES WAIVE THE RIGHT TO A JURY TRIAL WITH RESPECT TO ANY DISPUTE. If for any reason a Dispute proceeds in court rather than arbitration, BOTH PARTIES IRREVOCABLY WAIVE THE RIGHT TO A JURY TRIAL.
YOU AND STONEMTN DEVICE REPAIR AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, CONSOLIDATED ACTION, MASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one party's claims and may not otherwise preside over any form of class, consolidated, or representative proceeding. If this waiver is found unenforceable with respect to any claim, then only that claim shall be severed and may proceed in court; all other claims remain subject to arbitration.
This Agreement is governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law provisions. The Georgia Uniform Commercial Code (O.C.G.A. Title 11), the Georgia Consumer Protection Act (O.C.G.A. Β§ 10-1-390 et seq.), and applicable federal law govern where relevant. For any Dispute not subject to arbitration, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in DeKalb County, Georgia, and waive any objection to such venue on grounds of inconvenience.
If any provision of this Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions shall continue in full force and effect. This Agreement constitutes the entire agreement between you and StoneMTN Device Repair with respect to your Device and the Service, and supersedes all prior oral or written agreements, representations, or understandings relating to the same subject matter.
StoneMTN Device Repair reserves the right to update this Agreement at any time. The updated Agreement will be posted at stonemtnrepair.com/terms with a revised Effective Date. Changes are effective immediately upon posting. Your continued use of our services after changes are posted constitutes your acceptance of the revised Agreement. For any Service in progress at the time of a change, the Agreement in effect at the time of the Work Order governs that Service.
Questions about this Agreement, warranty claims, or service disputes should be directed to:
StoneMTN Device Repair
π 5895 Memorial Dr, Stone Mountain, GA 30083
π (678) 631-6917
βοΈ stonemtnrepair@gmail.com
This Terms of Service and Limited Warranty was prepared for StoneMTN Device Repair. It is intended for general informational purposes only and does not constitute legal advice. StoneMTN Device Repair recommends consulting a licensed Georgia attorney for specific legal guidance.