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Repair Terms and Conditions

Data Protection and Authority

Core Gaming Systems (Pty) Ltd (Registration number: 2007/19058/07), trading as Nintendo Switch Pop-Up Zone will not be liable for any loss or corruption of data, confidential, proprietary or personal information or removable media. The Customer is responsible for removing any confidential, proprietary or personal information or removable media such as Game Cards or Memory Cards from the device(s).

Limitation of Liability

Core Gaming Systems (Pty) Ltd and its directors, affiliates, employees, contractors and agents will under no circumstances whatsoever be liable for any damages, whether direct, special, general, indirect, incidental, exemplary or consequential, resulting from any service consultation or services rendered, including without limitation, the cost of recovering, reprogramming, or reproducing any program or data. This includes, without limitation, failure to maintain the confidentiality of data, or any loss of business, profits, revenue, anticipated savings or goodwill. To the maximum extent permitted by applicable law, Core Gaming Systems (Pty) Ltd does not warrant that it will be able to (1) repair or replace any products or equipment without risk to or loss of programs or data; (2) maintain confidentiality of data; or (3) preserve data/material stored on the device. You accordingly absolve Core Gaming Systems (Pty) Ltd from any liability in this regard whatsoever.

Repairs

Should the standard Nintendo warranty in respect of the device have expired, any repairs required to be performed on the device are to be paid for in advance, as per the amount quoted by us. We do, however, reserve our rights to claim any additional amount reasonably incurred in effecting the repair of the device. All repairs not collected within 90 days after completion, will be sold to defray the costs incurred.

1. In these terms and conditions:unless the context clearly otherwise indicates words denoting any one gender shall include the other gender; Reference to “Core” shall mean Core Gaming Systems (Pty) Ltd (Registration number: 2007/19058/07), trading as Nintendo Switch Pop Up Zone, its subsidiaries, affiliated and related entities.

2. By signing this document, the customer confirms and acknowledges that he agrees with and understands the disclaimer and terms and conditions below. The customer further warrants [legal guarantee/promise] that he is the owner/s of the device(s), or, that he was given permission to sign this document and consents to the service and/or repair on behalf of the owner, subject to these terms and conditions.

3. The customer warrants that he has backed up and secured on a separate device, all the data contained on the device prior to handing in the device. The customer acknowledges that should a main board replacement be applicable, that all data on such device will be wiped from the device as part of this repair process. Customer data is stored on the embedded flash storage and is not transferable. Display replacements on future repairs may require the technician to perform a factory reset in order to calibrate and test. The customer indemnifies [to protect against damage or loss] and holds Core harmless against all damage/s, harm and loss howsoever arising with reference to the device aforementioned, the repair thereof to be effected, any loss or corruption of data including but not limited to confidential, proprietary orpersonal information howsoever arising, and further that the customer has removed any and all removable media such as game cartridges and/or Micros SD storage cards and accordingly indemnifies Core against the loss of any removable media.

4. The condition of the device will be noted on this form. Notwithstanding the aforesaid it shall be the responsibility of the customer to prove that the device did not have any pre-existing defects when handed in.

5. The customer undertakes to remove any third party add-ons including but not limited to screen protectors, analogue caps and/or covers, which may be damaged or destroyed during the repair. Core will not be held liable for the costs to replace any such third party add-ons.

6. Any repairs or service to be carried out on the device which is not covered by a warranty will be quoted on accordingly.

7. A quotation is an estimate which may change if the repair is unsuccessful or if additional parts or services are required. Quotations are valid for a period of 7 days. Repair quotations and the necessary authorisation shall be provided via email, calling the Technical Contact Centre and/or obtained in-store.Repairs will only be undertaken on receipt of written acceptance/approval of a quotation, which may be communicated via electronic communication, in accordance with s13 of the Electronic Communications and Transactions Act 25 of 2002.

8. Core shall not accept cancellations after receiving an acceptance or approval of a quotation. The customer shall be liable for the full repair charges alternatively, at Core’s sole discretion, a reasonable cancellation penalty will be levied before the device is release.

9. A service charge may apply when the customer has requested Core to assess the device.This may, by necessity, require certain services to be performed for the purposes of assessing fault/damage and in order to provide the customer with a quotation for the costs of repairs to the device. In this instance, Core will request the completion of an assessment form, which will note the charge for the assessment.

10. Where necessary Core will make loan products available, these loan devices are limited to Joy-Con controllers, Nintendo Switch Dock and Nintendo Switch AC adapters. Core does not provide loan consoles.

11. In an event where the device has sustained liquid or physical damage, Core may not be able to return the device in working order after it has been disassembled for assessment purposes. The customer accordingly indemnifies and holds Core harmless against all damage/s, harm and loss howsoever arising with reference to the aforementioned.

12. Devices with cracked touchscreens have the probability to disintegrate during disassembly and will therefore not be returnable in the condition that the device was received. The customer accordingly indemnifies and holds Core harmless against all damage/s, harm and loss howsoever arising with reference to the aforementioned.

13. In accordance with the law, Core will not be obliged to return devices that have been assessed and found to be blacklisted, unless the customer is able to prove ownership thereof.

14. Availability of spare parts is dependent on the supply from the manufacturer and therefore Core can not guarantee the availability of parts, nor can Core guarantee the availability of any loan equipment should a repair take longer than expected. The customer hereby acknowledges that time is not of the essence and Core will not be held liable for any damages or inconvenience suffered as a result of a delay in the return of the device.

15. All collections need to be done during store trading hours. The customer is to present this document for collection and no unit will be released without this document. Trading hours information is available on store.nintendo.co.za.

16. The customer acknowledges that by booking in his device, that such device is pledged to Core as security for payment of the repair/service as well as for the full value of any loan device not returned to Core or for any damage caused to a loan device.

17. Core reserves the right to dispose of the device to defray the costs and expenses incurred, if the device is not claimed and/or if any amount charged herein remains unpaid after 90 days from repair.

18. The customer agrees that the telephone number/s and email addresses that he provides herein are his chosen method of contact and address/number and he confirms that any legal notices or documents that Core may send for his attention can be sent to either contact details. It is the customer’s responsibility to ensure contact details given to Core are correct.

19. Payment must be tendered prior to collection of the device.Payment shall be made at the time of collection unless the payment will be made via EFT. All EFT payments need to be cleared with the store prior to collecting.

20. A replacement or repaired part, assumes the remaining term of the Warranty or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for the customer. When a part is replaced or repaired, any replacement or repaired item becomes the customer’s property and the replaced and/or discarded item becomes Core’s property.

21. Core, their directors, affiliates, employees, contractors and agents will under no circumstances whatsoever be liable for any damages, whether direct, special, general, indirect, incidental, exemplary or consequential, resulting from any service consultation, services rendered or goods supplied, including without limitation, the cost of recovering, reprogramming, or reproducing any program or data. This includes, without limitation, failure to maintain the confidentiality of data, or any loss of business, profits, revenue, anticipated savings or goodwill. To the maximum extent permitted by applicable law, Core does not warrant that it will be able to (1) repair or replace any products or equipment without risk to or loss of programs, applications or data; (2) maintain confidentiality of data; or (3) preserve data/material stored on the device. The customer accordingly indemnifies and holds harmless Core from any liability in this regard whatsoever.

22. Should the standard warranty in respect of the device have expired, any repairs required to be performed on the device are to be paid for in advance, as per the amount quoted by Core. Core does, however, reserve its rights to claim any additional amount reasonably incurred in effecting the repair of the device.

23. In order to effect the repair or replacement of the device, it will be necessary for Core to process some of the customers’ personal information. The customer hereby acknowledges that processing includes (but is not limited to) collection, retention, use, storage or distribution of personal information. Contact information is also used for communication purposes throughout the repair process. The customers’ personal information may also be shared with or, obtained from, Core's associates or external business partners who provide a service to Core, as well as other third parties who may have a justifiable interest in obtaining the personal information. The customer hereby agrees that personal information may be stored on the Core database and may be used for any lawful purpose at the Core’s discretion and consent to the processing of your personal information by Core and such third parties. The customer absolve Core from any liability in terms of Protection of Personal Information Act No 4.of 2013 (POPI) for failing to obtain further consent or to notify the customer of the reason for the processing of personal information.

24. No addition to, variation of, or agreed cancellation of these terms and conditions shall be of any force or effect unless reduced to writing and signed by both parties by way of handwritten signatures.

25. If any provision of these terms and conditions is held to be unenforceable by any court of law or other tribunal or competent authority, such provision shall be severable from these terms and conditions and shall not affect the remaining provisions of these terms and conditions, which shall remain in full force and effect.

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