FIXGADGETONLINE’S LIABILITY TO YOU
- If Fixgadgetonline Ltd fails to comply with these Terms, Fixgadgetonline Ltd is responsible for loss or damage you suffer that is a foreseeable result of Fixgadgetonline Ltd’s breach of the Terms or Fixgadgetonline Ltd’s negligence.
- To the extent permitted by law, Fixgadgetonline Ltd shall have no liability to you for any: loss or damage that is not foreseeable; loss of profits; loss or corruption of data; loss of business; loss for any error or interruption of any use; loss of interruption; loss of business opportunity; loss or damage to property; or cost of procurement of substitute foods, services or technology.
- You agree that if any device is lost or damaged further than the condition it was released to Fixgadgetonline Ltd in, Fixgadgetonline Ltd’s liability to you will be limited to the cost of repair or replacement of the relevant device in its condition at the time of transfer to Fixgadgetonline Ltd based on current fair market value. Fixgadgetonline Ltd’s liability for damages from any cause when it comes to repairing the relevant device is limited to the cost of the Repair Services or a comparable replacement device.
- To the extent permitted by law, Fixgadgetonline Ltd’s total liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in any event be limited to £500 per device.
- Nothing in this clause 15 shall apply so as to limit or exclude Fixgadgetonline Ltd’s liability for: (a) death or personal injury resulting from Fixgadgetonline Ltd’s negligence; (b) breach of any terms implied by statute; (c) any claim arising under the Consumer Protection Act 1987; or (d) fraudulent misrepresentation.
- Fixgadgetonline Ltd shall not be liable for any non-warranty related claim arising under this contract unless you give Fixgadgetonline Ltd written notice of such claim within three (3) months of becoming aware of the circumstances giving rise to such claim or, if earlier, three (3) months from the time you ought reasonably to have become aware of such circumstances. This clause shall not affect your statutory rights.