All services rendered on electronic devices through our shops are conducted by or directly supervised by an experienced and certified electronics technician. While repairs are conducted with best knowledge and practice in mind, the nature of electronics repair is not without risk as serviced devices are often exposed to heat, resin fluxes and other liquids (such as isopropanol), electrical currents, epoxies, solvents, and other repair processes and materials that are consistent with best practices for electronics repair but can inadvertently cause irrecoverable or irreversible damage. Any standing manufacturer warranties are typically voided during these repair processes, and these damages may not be able to be recovered. Additionally, customer understands that minor cosmetic damages and minor structural damages are common and can occur when opening and disassembling devices (such as broken retaining clips, scrapes, deforming of plastics and scuffs consistent with opening and disassembling electronics).

 Device Failure can also occur without warning - especially on devices that have been previously and improperly tampered with or modified, have sustained external trauma (such as being physically dropped), have been exposed to liquids, insects, power surges or smoke damages before coming into our stores. In some cases, issues related to these damages may only be obvious after some work and repairs are completed which may alter an initial estimate of costs for a fully repaired device (for example, learning an optical drive does not read discs after an HDMI port was repaired as an HDMI signal is required to see that the optical drive is able to read correctly). In some cases, it may not be known whether a device is worth repairing or not until after some or all services are completed. In all cases, the customer will be notified of any increases in pricing or additional / alternative recommended approaches for solutions and repairs. Repairs will not proceed without customer consent. The customer understands and agrees to these above risks.

Uncollected devices and devices not paid for will be considered abandoned after 30 days from the day a customer has been notified that their device is ready for pickup, ready for payment, or when there is no further progress in repairs for any reason – a cancellation by default. Uncollected and unpaid for devices will receive advanced notice at about 15 days after a completed service, or any cancellation of services, that their device will be considered abandoned at 30 days after completed service, or any cancellation of services. Devices that have remained unpaid for or have remained unclaimed after 30 days of completed services, or any cancellation of services, will be considered abandoned and will become the property of Montoya Industries to be sold at auction, sold at marketplace, kept and stripped for parts, or pawned to a local pawn shop where their owner would be directed to pick up the device at the third-party’s specified collection fee at our discretion. This is done in order to collect on unpaid debts for services rendered in as timely a manner as possible and to help maintain our limited availability of workspaces. The customer understands and agrees to the above policy for abandoned devices.

All repair services include a non-refundable, standard diagnostic fee that secures our time and labor in troubleshooting devices. These fees would need to be collected in order to return a diagnosed device, even if no repair services were rendered beyond diagnostic services. They are defined in a customer’s pre-estimate, repair estimate, work order, and final invoice. The most recently posted fees are the ones which will stand at time of collection. It is understood that our customers agree to our standard diagnostic services as they are essential to understanding the possible nature of a repair.

Additionally, an advanced diagnostic fee may be required when any presence of insects, smoke damage, liquid damage, drop-damage or other hard impacts (common from physically being dropped), electrical surge damage, fire damage, or other extensive physical trauma that significantly extends the time needed to properly diagnose an electronic device for services is discovered. These fees are typically more expensive than our standard diagnostic fees. Customers will be notified of any additional fees and permission would be required from the customer in order to continue services in the event of any additional advanced diagnostic fees. In either case, the fees for diagnostic services, whether standard or advanced, must be paid in addition to any other uncollected fees for the return of a device to the customer for any diagnosed devices. The customer understands and agrees to the above policy for diagnostic fees.

All repair services potentially include a non-refundable repair effort fee. Repair effort fees are separate fees from the time spent in diagnostics of an electronic device and help secure the total estimated hours of hire to attempt a repair. A non-refundable repair effort fee will be included in the costs of repair at $30 per-hour of estimated time in labor to be spent servicing an electronic device and will only be charged in the event of an unsuccessful, cancelled, or warrantied refund of a repair. These fees would be included in any estimates or initial assessments and are expressed to the customer before any services are rendered. Repair effort fees must be paid in addition to any other uncollected fees for the return of a device to the customer. The customer understands and agrees to the above policy for repair effort fees.

ELECTRONIC AND PAPER COMMUNICATIONS TERMS AND CONDITIONS

By default, Montoya Industries can only consent to repair instructions by the signee and any third-parties the signee designates verbally or explicitly to have authority in decisions for electronics to be serviced. By default, you are opting-in and agree to receive electronic and paper communications related to your requested services. We may send paper mail, electronic e-mails, cellular SMS / MMS text messages and / or phone calls relating to your requested services. These may include, but are not limited to, change in status updates, repair estimates, reminders, and / or occasional marketing follow-ups for repeat services to your electronic device. Additionally, we reserve the right to potentially feature your repair process publicly in online portfolios, social media pages, and streaming sites. We do not share sensitive or personally identifiable information to the general public. Repair processes are public and can be accessed by anyone who has a link to a customer’s personalized service webpage. Customers may opt out of marketing related media electronically through included unsubscribe links in our emails, by responding “Opt-out” or using similar terminology in response to text messages, or by contacting us and directly requesting to be opted-out. We cannot be held responsible for missed communications or associated fees (such as SMS/MMS charges) with these services.

All sales are final. All sales are final.

Warranties cover device failures under normal operating conditions. All warranty seals must remain completely intact. Warranty seals not found intact on devices returned or appealed for warranty claims will be rendered void.

Observable device exposure to excessive smoke, liquids, insects, blunt force or other observable external physical trauma and/or external forces will also void any warranties under this agreement.

All sales are final.

Warranties cover device failures under normal operating conditions. All warranty seals must remain completely intact. Warranty seals not found intact on devices returned or appealed for warranty claims will be rendered void.

Observable device exposure to excessive smoke, liquids, insects, blunt force or other observable external physical trauma and/or external forces will also void any warranties under this agreement.

The right to revoke a warranty on the presence of these factors is reserved. Warranties of devices or repairs will be honored in the form of a replacement service or device equal in value (when available), or, a receipt's stated gross total less any applicable non-refundable fees. The value of a device is determined by its value at time of arrival into our stores. For example, a used PS4 that arrived into our stores with a damaged HDMI port will be valued as such and is subjective to the current market value for such an item as determined by our best estimates, and what current devices in such a state are being sold for in the marketplace (such as on eBay). The maximum value that Montoya Industries can be held responsible for reimbursement is $250, regardless of the device’s market value. Any returned retail product is subject to a 20% restocking fee.

If a dispute arises out of or relates to this contract, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures in New Mexico before resorting to arbitration, litigation, or some other dispute resolution procedure.

This contract shall be governed by and construed in accordance with the laws of the State of New Mexico, as interpreted by the New Mexico courts. Any litigation arising out of this contract shall be conducted in Dona Ana County, New Mexico. The customer understands and agrees to the choice of law and venue.

Additionally, while our mail-in services always include mail carrier insurance for the devices being mailed to and from our company (when postage is purchased through our Montoya Industries’ webstore) these services do not protect our customer’s devices from lost packages or packages damaged in transit in every situation. For example, two such occasions that we have personally experienced would be when a mail carrier deems that a package is damaged due to insufficient or poor quality packaging materials, or, when a packaged item was deemed too fragile to handle normal shipping and handling under normal mailing circumstances. Specifically, customers in the past have not been able to claim insurance for their devices that have been mailed-in to us due to the utilized mailing service deeming that their electronic devices were not properly packed. We would like to assert that we have yet to have an event where we returned a customer’s product by mail that has been damaged, that insurance did not cover as we aim to exercise and maintain high standards for returning customer products. We encourage our customers use quality packaging materials and exercise due-diligence in maintaining mail-carrier standards in the interest of their devices arriving safely and being protected by insurance.

We provide mail-carrier insurances for all of our customers that purchase mail-in services through our webstore as a courtesy. However, in any case, as this is an issue that relies on the third-party, subjective discretion of our mail service carriers, we cannot be held responsible for items that are deemed ineligible for insurance for any reason. For more information on eligible and ineligible insurance situations, please review the insurance Terms and Conditions for the United States Postal Service (USPS), United Parcel Service (UPS), and Federal Express (FedEx) as any returned mail and RMA / mail labels sent to customers will utilize these services.

Mail-in service fees are non-refundable. These are the fees paid in advance that cover the shipping services for mailing both directions (to and from our repair shops). These labels are purchased upfront on our customer’s behalf and are then shared with our customers. Often, these fees are less than the publicly available shipping costs as we front some of the cost to see your business through. Customers are expected to follow mailing rules for labeling and packaging. Returns to sender due to improper labeling, weight limits, or other reasons will potentially void a label and incur new shipping fees. As such, we are unable to offer refunds for these mail-in fees, and failure to meet mailing regulations may incur additional fees. The customer understands and agrees to the above policy for other non-refundable fees and services.

We provide mail-carrier insurances for all of our customers that purchase mail-in services through our webstore as a courtesy. However, in any case, as this is an issue that relies on the third-party, subjective discretion of our mail service carriers, we cannot be held responsible for items that are deemed ineligible for insurance for any reason. For more information on eligible and ineligible insurance situations, please review the insurance Terms and Conditions for the United States Postal Service (USPS), United Parcel Service (UPS), and Federal Express (FedEx) as any returned mail and RMA / mail labels sent to customers will utilize these services.