Repair Terms and Conditions

IMPORTANT: THESE REPAIR TERMS AND CONDITIONS (“AGREEMENT”) CONSTITUTE YOUR AGREEMENT WITH BROTHER INTERNATIONAL CORPORATION (“BROTHER”) AND WILL APPLY TO YOUR ORDER IF THE SERVICE IS OUTSIDE THE TERMS OF BROTHER’S LIMITED WARRANTY, A BROTHER ADMINISTERED EXTENDED WARRANTY OR YOUR STATUTORY CONSUMER RIGHTS.

CONSUMER LAW: FOR CONSUMERS WHO ARE COVERED BY CONSUMER PROTECTION LAWS, THE BENEFITS CONFERRED BY THIS AGREEMENT ARE IN ADDITION TO ALL RIGHTS AND REMEDIES CONVEYED BY SUCH CONSUMER PROTECTION LAWS AND REGULATIONS.

 

Return Policy.

All sales are final. Brother genuine parts are ineligible for return. By accepting the order, you provide express consent that Brother fulfills the order and you acknowledge that you may not cancel the order and may not exercise the right of withdrawal from the order once processed.

 

No Sale to Minors.

Purchase under these terms is available only to those who have reached eighteen (18) years of age.

 

Right of Refusal.

Brother reserves the right to refuse or cancel your parts order if Brother suspects you are purchasing for unlawful resale. Brother reserves the right to limit the number of parts per order.

 

Delivery.

Brother may provide an estimate on when a replacement product will be shipped to you. Once your order has been prepared for shipment or has shipped, Brother is unable to change the shipping address.

 

Disclosure of Unauthorized Modifications and Non-Brother Service.

During the ordering process, you must notify Brother of any unauthorized modifications, or any prior repairs or replacements made to your product that were not performed by Brother or a Brother ASC. Brother will not be responsible for any damage to the product that occurs during the repair process that is a result of any unauthorized modifications or repairs or replacements not performed by Brother or a Brother ASC

 

Orders and Payments.

Terms of payment are within Brother’s sole discretion, and unless otherwise agreed to by Brother, payment details must be received prior to Brother’s acceptance of an order.

 

Prices.

Brother endeavors to offer you competitive prices on current Brother products. Your total order price will include the price of the product on the day of order processing. Brother reserves the right to change prices for products displayed at any time and particularly to correct pricing errors that appear. A change in pricing would not affect an order that has already been processed.

 

Disclaimer of Warranty.

TO THE EXTENT PERMITTED BY LAW, THE EXPRESS WARRANTIES, CONDITIONS AND REMEDIES SET OUT IN THIS AGREEMENT ARE EXCLUSIVE AND 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, BROTHER SPECIFICALLY DISCLAIMS AND EXCLUDES ANY AND ALL STATUTORY AND IMPLIED WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS, OBLIGATIONS AND REPRESENTATIONS RELATED TO OR ARISING IN ANY WAY OUT OF THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, CARE, SKILL OR FITNESS FOR A PARTICULAR PURPOSE.

 

Limitation of Liability.

IF YOU ARE A CONSUMER, YOU MAY HAVE CERTAIN ADDITIONAL RIGHTS WITH REGARD TO PRODUCTS PROVIDED UNDER THIS AGREEMENT. PLEASE REFER TO YOUR LOCAL CONSUMER AUTHORITY FOR MORE INFORMATION ABOUT YOUR RIGHTS. IF NOT COVERED BY THESE RIGHTS, BROTHER DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST, CORRUPTED, OR COMPROMISED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES. EXCEPT AS EXPRESSLY PROVIDED HEREIN, BROTHER WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, BROTHER IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT OF YOUR ORDER. IN CONSUMER CASES, THE LIABILITY FOR (1) PERSONAL DEATH AND INJURY AND (2) FRAUD MAY BE WIDER THAN NEGLIGENCE CAUSED LOSS AND IN SUCH CASES BROTHER DOES NOT SEEK TO EXCLUDE THIS LIABILITY.

Some states 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 gives you specific legal rights, and you may also have other rights that vary by state.

 

Export Control.

You may not use or otherwise export or re-export the products except as authorized by the laws of the jurisdiction in which the products were obtained. In particular, but without limitation, the products may not be exported or re-exported in violation of export laws, including if applicable export or re-export into any US-embargoed countries or to anyone on the US Treasury Department’s list of Specially Designated Nationals or the US Department of Commerce Denied Person’s List or Entity List. You represent that you are not located in any country or on any list where the provision of product to you would violate applicable law. You also agree that you will not use products for any purposes prohibited by applicable law.

 

General.

  • Typographical Errors. Brother is not responsible for typographical errors. Brother reserves the right to cancel any order you have placed if there was a typographical error concerning the pricing or availability of any item you ordered when you placed the order.

  • Change Terms.Brother reserves the right to change this Agreement at any time, subject to law. A change would not affect orders that have already been processed.

  • Product Changes. . Brother may make changes to any parts offered online, or to the applicable prices for any such parts, at any time, without notice. The information provided online with respect to parts may be out of date, and Brother makes no commitment to update the information provided online with respect to such parts.

  • Governing Law.To the extent permitted by law, all orders received from residents of the United States of America will be governed by New Jersey law without giving effect to its conflict of law provisions.

  • No Changes to the Agreement. No Brother employee or agent has the authority to vary any of the terms and conditions governing any transaction.

 

Unenforceable Terms. If any of the aforementioned terms are held by a court of competent jurisdiction to be void or unenforceable, it will not affect the remaining provisions of this Agreement. Such term shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the term, so that the terms shall remain in full force and effect.

 

Waivers. Brother’s failure to insist on or enforce strict performance of this Agreement shall not be construed as a waiver by Brother of any provision or any right it has to enforce these policies, nor shall any course of conduct between Brother and you or any other party be deemed to modify any provision of these terms.

 

No Third-Party Beneficiaries. These terms shall not be interpreted or construed to confer any rights or remedies on any third parties.

 

Data Protection. You agree and understand that it is necessary for Brother to collect, process, and use your data in order to process sales and confirm compliance with applicable laws. To exercise your privacy rights and choices, visit the Brother Privacy Portal at https://www.brother-usa.com/privacy-policy.

 

Subcontractors. Brother may subcontract with other service providers for the service of your product.

 

Conflict of Terms; Related Documents in English. In the event of a conflict between different translations of these terms, the English translation will prevail. Certain related documents may be available in English only.

 

Complete Agreement; Force Majeure. This Agreement governs transactions accepted by Brother. No other oral or written terms or conditions apply. Brother does not authorize any variance or modification of this Agreement. Brother is not responsible for any failures or delays in delivering your product or a replacement product that are due to events outside Brother’s reasonable control.