Terms and conditions for repair services

By submitting a repair request to Tobii Dynavox, you agree to the following Terms and Conditions. These terms apply to repair services offered by Tobii Dynavox and its authorized service providers and should be read carefully before proceeding.

IMPORTANT: THESE TERMS AND CONDITIONS CONSTITUTE YOUR AGREEMENT WITH DYNAVOX GROUP AB (DOING BUSINESS AS TOBII DYNAVOX AND HEREIN REFERENCED AS SUCH) AND WILL APPLY TO YOUR ORDER IF THE SERVICE IS OUTSIDE THE TERMS OF TOBII DYNAVOX’S LIMITED WARRANTY, A TOBII DYNAVOX ADMINISTERED EXTENDED SERVICE CONTRACT, OR YOUR STATUTORY CONSUMER RIGHTS.

Repair services are available for Tobii Dynavox products only. We reserve the right to decline service for devices that:

• Have been altered, damaged by unauthorized repair, or used in ways inconsistent with their intended use.
• Are out of warranty and not covered by a service agreement or applicable(consumer) law.
• Are unidentifiable due to removed or altered serial numbers.

• Shipping and Packing: Tobii Dynavox will provide you with shipping and packing instructions. You are responsible for products or parts that are lost or damaged as a result of failure to follow these instructions. Failing to adhere to these instructions may result in your repair request being rescinded.
• Data and Device Preparation: It is your responsibility to back up all existing data, software, and programs and to erase all existing data before receiving services. Tobii Dynavox is not responsible for loss, recovery, or compromise of data, programs, or loss of use of equipment arising out of the services provided. You represent that your product does not contain illegal files or data.
• Abandoned Property: Unless you provide alternative instructions, Tobii Dynavox will ship your repaired or replacement product to the mailing address you furnished when you authorized service. If your product is returned to Tobii Dynavox due to failed delivery, we will attempt to contact you for an alternative mailing address. If you do not provide an address where Tobii Dynavox or its agent can deliver your product within sixty (60) days, Tobii Dynavox will notify you that it considers your product abandoned. In such event, Tobii Dynavox may dispose of your product in accordance with applicable law, including through public or private sale to cover outstanding service fees. Tobii Dynavox reserves all lawful rights and liens for unpaid service charges.
• Unauthorized Modifications and Non-Authorized Service: During the service order process, you must disclose any unauthorized modifications or third-party repairs not performed by Tobii Dynavox or a Tobii Dynavox Authorized Service Provider. Tobii Dynavox is not responsible for any damage arising during service as a result of such unauthorized modifications or third-party actions. In such cases, Tobii Dynavox may require your authorization for additional charges, even if the product is covered under warranty or service plans. If you decline, Tobii Dynavox may return your product unrepaired in its damaged state without liability.

• Once received, your device will be evaluated to determine eligibility and repair options.
• Tobii Dynavox may offer repair, replacement with a refurbished unit of the same type, or return without service if no repair is feasible.
• Repairs may be carried out using new or refurbished parts that meet Tobii Dynavox’s quality standards.

• If your device is out of warranty or damage is not covered, we will provide a cost estimate before proceeding.
• You must approve the estimate before any chargeable repairs begin.
• If you decline the repair after inspection, a diagnostic fee may apply.

• Repairs performed under warranty do not extend the original warranty period.
• Repairs performed outside warranty are covered by a limited 90-day service warranty, unless otherwise required by local law.
• Tobii Dynavox does not guarantee that it will restore the device to original condition or retain stored content.

You may not use or otherwise export or re-export serviced products except as authorized by the export laws of the jurisdiction in which the products were obtained. Specifically, the products may not be exported or re-exported in violation of applicable sanctions or embargoes, including (where relevant) U.S. export laws, to any embargoed country or to any person on any restricted list such as the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons or Entity Lists.

You represent that you are not located in a country or on a list where service provision would violate applicable export control laws. You also agree that you will not use the serviced products for any purposes prohibited by law, including but not limited to the development, design, or production of weapons of mass destruction.

TO THE EXTENT PERMITTED BY LAW, THE EXPRESS WARRANTIES, CONDITIONS, AND REMEDIES SET OUT IN THIS AGREEMENT ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS, OBLIGATIONS, AND REPRESENTATIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS, OR IMPLIED.

TO THE EXTENT PERMITTED BY LAW, TOBII DYNAVOX SPECIFICALLY DISCLAIMS AND EXCLUDES ANY AND ALL STATUTORY AND IMPLIED WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS, OBLIGATIONS, AND REPRESENTATIONS RELATING TO OR ARISING IN ANY WAY OUT OF THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, REASONABLE CARE AND SKILL, OR FITNESS FOR A PARTICULAR PURPOSE.

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL TOBII DYNAVOX BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THE REPAIR SERVICE, YOUR USE OR INABILITY TO USE THE DEVICE, OR ANY DELAYS, ERRORS, OR OMISSIONS IN THE REPAIR PROCESS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF TOBII DYNAVOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THIS LIMITATION OF LIABILITY SECTION IS INTENDED TO BENEFIT TOBII DYNAVOX TO THE FULLEST EXTENT PERMITTED BY LAW.

In no event shall Tobii Dynavox total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of two hundred fifty dollars ($250.00) USD. You agree that the foregoing limitations will apply even if any stated remedy fails of its essential purpose.

These Terms are governed by the laws specified below based on your location, without regard to conflict of laws principles. Disputes will be subject to the arbitration provisions specified.

• For residents of the United States, Mexico, or Canada: This Agreement will be interpreted and construed in accordance with the laws of the Commonwealth of Pennsylvania, USA, without regard to conflict of law principles. All disputes, controversies, and differences arising out of or relating to this Agreement shall be settled amicably through good faith negotiations. If a dispute cannot be resolved amicably, it shall be finally settled by arbitration conducted in Pittsburgh, Pennsylvania, in accordance with the rules of the American Arbitration Association. The arbitral award shall be final and binding upon the Parties, with each Party responsible for its own attorneys’ fees and expenses, unless the arbitral award states otherwise.
• For residents of the European Union, United Kingdom and the rest of the World: This Agreement will be interpreted and construed in accordance with the laws of Sweden, without regard to conflict of law principles. All disputes, controversies, and differences arising out of or relating to this Agreement shall be settled amicably through good faith negotiations. If a dispute cannot be resolved amicably, it shall be finally settled by the Arbitration Institute of the Stockholm Chamber of Commerce. The arbitration shall be conducted in Stockholm, Sweden, in accordance with the rules of the Arbitration Institute of the Stockholm Chamber of Commerce. The arbitral award shall be final and binding upon both Parties.

CONSUMER LAW: FOR CONSUMERS WHO ARE COVERED BY CONSUMER PROTECTION LAWS OR REGULATIONS IN THEIR COUNTRY OF RESIDENCE, THE BENEFITS CONFERRED BY THIS AGREEMENT ARE IN ADDITION TO ALL RIGHTS AND REMEDIES CONVEYED BY SUCH CONSUMER PROTECTION LAWS AND REGULATIONS. YOU SHOULD CONSULT THE CITIZENS ADVICE SERVICE IN YOUR COUNTRY OF RESIDENCE FOR FURTHER INFORMATION ON THESE RIGHTS.

• Typographical Errors: Tobii Dynavox is not responsible for typographical errors. We reserve the right to cancel any service order placed in error regarding pricing or availability.
• Changes to These Terms: Tobii Dynavox reserves the right to update or modify these terms at any time, subject to applicable law. Changes will not apply to services already in progress at the time of amendment.
• Cancellation: By accepting a service order, you expressly consent to Tobii Dynavox initiating service. You acknowledge that once service has been performed, you cannot cancel the order or exercise any statutory right of withdrawal, to the extent permitted by law.
• Product/Service Changes: Tobii Dynavox may change its products, services, and pricing at any time without notice. Information presented may be outdated, and we do not commit to updating it.
  
  Note for residents of the European Union: Prior to entering into a service contract with Tobii Dynavox, you will be provided with complete and accurate information regarding the main characteristics, pricing, and applicable delivery costs for our goods or services, including taxes.
• Access and Interruptions
  Tobii Dynavox reserves the right, without notice, to:
  • Modify or terminate any online service platform;
  • Update policies or features;
  • Perform maintenance or implement changes, routine or otherwise.
• No Variations Without Authorization: No employee or representative of Tobii Dynavox is authorized to vary any of the terms in this Agreement.
• Severability: If any term of this Agreement is found unenforceable or invalid by a court of law, the remaining terms will continue in full force and effect. The invalid term will be replaced by a valid provision that best achieves the intended purpose.
• Waivers: A failure by Tobii Dynavox to enforce any provision of this Agreement shall not be interpreted as a waiver of our right to enforce that provision at a later date.
• No Third-Party Beneficiaries: These terms do not grant rights or remedies to any parties other than the contracting customer and Tobii Dynavox.
• International Products and Services: Tobii Dynavox may reference services or products not available in your country. This does not imply any obligation to make such services available in your country.

• Data Protection: You acknowledge that Tobii Dynavox will collect, process, and use your personal data to process service orders, provide support, and ensure compliance with legal obligations. Tobii Dynavox will handle your data in accordance with our Privacy Notice and applicable data protection laws, including the EU General Data Protection Regulation (GDPR).

  To exercise your data rights or update your preferences, visit the Tobii Dynavox Privacy Notice.

• Subcontractors: Tobii Dynavox may engage third-party service providers or subcontractors to fulfill its service obligations. All subcontractors will act under Tobii Dynavox’s responsibility.
• Language and Conflicts: In case of conflict between translated versions of these terms, the English version shall prevail. Some support materials and services may only be available in English.
• Entire Agreement and Force Majeure: This document constitutes the entire agreement for the servicing of your Tobii Dynavox product. No oral or written terms not included here are valid. Tobii Dynavox is not responsible for delays or non-performance due to causes beyond its reasonable control, including but not limited to natural disasters, labor disputes, public health emergencies, or government action.