Google In-Store Repair Terms of Service
Last Modified: May 25, 2021
These Google In-Store Repair Terms (the “Terms”) govern your participation in, and agreement with, the In-Store Repair Program of Google LLC and its affiliates ("Google").
PLEASE CAREFULLY READ THE TERMS, INCLUDING THE AGREEMENT TO ARBITRATE IN SECTION 6, MEANING THAT ANY DISPUTE RELATED TO YOUR DEVICE AND/OR THE REPAIR PROGRAM WILL BE RESOLVED THROUGH BINDING ARBITRATION ON AN INDIVIDUAL, NON-CLASS BASIS.
“Device” means your Pixel device that qualifies for the Repair Program and is identified on your work authorization.
“Estimated Repair Cost” means the estimated cost to repair your Device.
“Final Repair Cost” means the actual cost to repair your Device determined by Google after receiving and inspecting your Device (which may vary from the Estimated Repair Cost).
“Repair Program” means the service provided to you by Google enabling you to submit your Device for in-store repair, subject to these Terms.
YOU CONFIRM THAT:
You are at least 18 years old and of legal capacity to participate in this Repair Program.
You are the only owner of your Device and no other third party holds any rights of any kind in your Device (including installment or leasing programs).
All information you submit to Google as part of the Repair Program (personal information and device-related information, including device type and condition) is true and accurate.
YOU ACKNOWLEDGE, WARRANT, AND AGREE THAT:
Repair Services. You authorize Google and its third party providers to provide the repair services described in your work authorization (“Repair Services”). When Repair Services are covered by the manufacturer’s warranty or Google’s Preferred Care program, those terms will apply. Repair Services will be provided for the Estimated Repair Cost, unless the Final Repair Cost is higher, in which case Google will obtain your approval before making any repair. For example, if Google determines that your Device is not covered by the manufacturer’s warranty following inspection, then additional charges not shown in the work authorization may apply. Google may use replacement parts that are refurbished or like-new (in performance and reliability) to repair your Device. The replacement part will become your property. All replaced parts removed from the Device will become Google’s property and you waive all rights under state or other laws to the replaced parts.
Data Backup. You are solely responsible for backing up any data on your Device and deleting, encrypting or otherwise protecting your data from unauthorized use. Google will not back up or restore your data, and is not responsible for any data that is lost or corrupted. All data, software, and programs on your Device may be completely and permanently erased in performing Repair Services.
No Repair Obligation. If Google determines after inspection that your Device does not need any repairs, Google will return your Device to you without making any repairs. If Google is unable to repair your Device, Google will not charge you for Repair Services.
Abandoned Devices. If you fail to pick up your Device or otherwise arrange for its return after repeated efforts to contact you, after 6 months, or longer as required by applicable law, following the date of repair, Google will treat your Device as abandoned, and may dispose of the property in its sole discretion in accordance with applicable provisions of law, including sale to recoup administrative and repair costs.
LIMITED IN-STORE REPAIR WARRANTY:
Warranty Period. Repair Services will be warranted for a period for ninety (90) days from the date of repair.
Coverage and Exclusions. This Limited In-Store Repair Warranty only applies to defects in materials or workmanship of hardware components (and not any software elements) of your repaired Device, and this Limited In-Store Repair Warranty does not apply to damage caused by: (1) normal wear and tear; (2) accidents; (3) misuse (including failure to follow product documentation); (4) neglect; (5) disassembly; (6) alterations; (7) servicing other than by Google authorized technicians; and (8) external causes such as, but not limited to, water damage, exposure to sharp objects, exposure to excessive force, anomalies in the electrical current supplied to the device, and extreme thermal or environmental conditions. This Limited In-Store Repair Warranty does not guarantee that use of the Device will be uninterrupted or error free.
Exclusive Remedy. If a defect covered by this Limited In-Store Repair Warranty arises, it must be returned in-store for evaluation. Upon examination by Google, if your Device is found to be defective in accordance with this Limited In-Store Repair Warranty, Google will in its sole discretion and to the extent permitted by law repair your Device using new or refurbished parts, or replace your Device with a new or refurbished device functionally at least equivalent to your Device. You may submit up to two (2) additional repair orders for the same Limited In-Store Warranty claim, subject to these Terms.
DISCLAIMERS & WAIVERS; LIMITATION OF LIABILITY:
THE LIMITED WARRANTY WRITTEN IN SECTION 4 ABOVE IS THE ONLY EXPRESS WARRANTY GOOGLE PROVIDES FOR THE REPAIR PROGRAM, AND THE ABOVE REMEDY IS YOUR SOLE REMEDY REGARDING WORK PERFORMED OR PARTS SUPPLIED BY GOOGLE IN CONNECTION WITH THE REPAIR PROGRAM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER STATUTORY OR IMPLIED, ARISING FROM COURSE OF CONDUCT OR OTHERWISE, REGARDING THE REPAIR PROGRAM, EXCEPT THAT ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO THE PERIOD OF THE EXPRESS WARRANTY ABOVE. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GOOGLE BE LIABLE FOR DAMAGES IN EXCESS OF THE FINAL REPAIR COST, INCLUDING WITHOUT LIMITATION, COMMERCIAL LOSS OF ANY SORT; LOSS OF USE, TIME, DATA, REPUTATION, OPPORTUNITY, GOODWILL, PROFITS OR SAVINGS; INCONVENIENCE; INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES; OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE YOUR DEVICE. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
Google and its third-party service providers are not responsible for data loss, data recovery, or any related damages under this Repair Program. It is your responsibility to backup all personal data, software, and programs from your Device before providing it to Google.
You acknowledge that Google may use third-party service providers to provide the Repair Program. You waive and release all rights and claims against such third-party providers and their respective directors, employees, and agents for any and all loss or damages (direct or consequential) of every kind, whether known or unknown, arising out of, or relating to, your use of, and participation in, the Repair Program.
Google and its third-party service providers are not responsible for any damage, loss, or costs incurred by you in relation to this Repair Program, resulting from any of the following:
Your act, omission, or misrepresentation in violation of the law or these Terms. You additionally agree to indemnify Google and its third-party service providers from and against any claims brought against either of them arising from your breach of applicable law or these Terms.
Disclosure of your personal information to law enforcement agencies if your Device is found to be stolen or if required by law.
Google may change these Terms to, for example, reflect changes to the law or changes to the Repair Program. Google will post notice of changes to these Terms on https://store.google.com/intl/en/in-store-repair-terms-and-conditions/.
GOVERNING LAW AND ARBITRATION. PLEASE READ THIS SECTION CAREFULLY.
Generally. It’s in both of our interests to resolve disputes in the quickest and most cost-effective way. If any dispute arises that relates to these Terms or the Repair Program (regardless of the type of dispute, but subject to a few exceptions below), you and Google agree to resolve it through binding arbitration. Arbitration is less formal than a lawsuit in court and uses a neutral arbitrator instead of a judge or jury, but arbitrators can award the same damages and remedies that a court can award. This agreement to arbitrate is subject to and governed by the Federal Arbitration Act (“FAA”) and is intended to be broadly interpreted. It includes, for example:
- any disputes relating to these Terms or your participation in the Repair Program;
- any disputes regarding the design, performance, features, or functionality of your Device;
- any disputes regarding your use of your Device;
- any disputes regarding updates, modifications, or upgrades to your Device;
any disputes based on the Device warranty or based on Device defects whether or not the Device is under warranty; and this agreement to arbitrate applies:
whether your dispute is with Google, its subsidiaries, affiliates or parent company, or any suppliers or service providers involved with the Device and/or the Repair Program, and their officers, directors, employees, agents and successors; and
regardless of the legal theory on which you base your claim (such as breach of warranty, breach of contract, negligence, etc.).
For disputes or claims relating to your Device and/or the Repair Program, this agreement to arbitrate supersedes any terms regarding dispute resolution in any other agreement between you and Google and contains the whole agreement between us with respect to disputes or claims relating to your Device and/or the Repair Program.
Exceptions. However, you and Google: (i) may still bring an individual action in small claims court; (ii) may still pursue an enforcement action through a federal, state, or local agency if that action is available; and (iii) must file suit in court to address an intellectual property rights infringement claim (as set forth in Section 6.10 below). Also, nothing in this agreement to arbitrate bars either of us from bringing issues to the attention of federal, state, or local agencies.
- Rules. The American Arbitration Association (“AAA”) will administer the arbitration and will do so according to its Consumer Arbitration Rules (the “AAA Rules”). You can see the AAA Rules and filing forms online at www.adr.org.
Process. Here are the steps you and Google agree to follow:
Send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (or international equivalent) or, only if the other party hasn’t provided a current physical address, then by electronic mail. Google’s address for notice is:
Google LLC Legal Department – Google Store Arbitration c/o Corporation Service Company 2710 Gateway Oaks Drive, Suite 150N Sacramento, CA 95833
The notice has to include, if available: (i) the name of the person making the claim, (ii) the type of Device, as applicable, (iii) the serial number of the Device, as applicable, (iv) the email address used to activate the Device, as applicable, (v) a description of the nature and basis of the claim, (vi) the result that is desired (e.g., an amount of money), and (vii) the case number(s) assigned by Google to track previous attempts to resolve the dispute, if there is one.
We each agree to try to resolve the claim, but if we can’t do that within 60 days after the notice is received, you or Google may initiate an arbitration proceeding by following the AAA Rules. Unless the parties agree otherwise, your demand for arbitration must be sent to Google’s address for notice set forth in this Section 6.4 and entitled “Demand for Arbitration.” Google will send demands for arbitration to you at the e-mail address provided in the notice of the dispute.
During the arbitration, the amount of any settlement offer made by you or Google may not be disclosed to the arbitrator until after the arbitrator makes a final decision and award (if any).
If you win in the arbitration and are awarded an amount that exceeds the last written settlement amount offered by Google before the arbitrator was appointed, Google will pay you: (i) the amount awarded by the arbitrator and (ii) your reasonable attorney’s fees incurred during the arbitration proceedings.
Fees and Hearing Location. If you are the one who commences arbitration, Google will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the AAA Rules will determine who pays that fee. Unless the parties agree otherwise, any arbitration hearing will take place (at your option) in Santa Clara County or the county (or parish) of your current address. However, if the claim is for $10,000 or less, you may decide whether you want the arbitration to be conducted instead: (i) only on the basis of documents or (ii) through a telephone hearing. If the arbitrator decides that either the substance of your claim or the remedy you asked for is frivolous or brought for an improper purpose, then we’ll use the AAA Rules to determine whether you or Google is responsible for the filing, administrative and arbitrator fees.
No Class Actions. By agreeing to arbitration, to the fullest extent legally permissible, we each may bring claims relating to these Terms, your Device and/or the Repair Program only in our individual capacities and not in a class action. Also, to the fullest extent legally permissible, the arbitrator can’t consolidate claims into a class proceeding either. The arbitrator may award injunctive relief only in favor of you, the individual party seeking relief, and only to the extent necessary to provide relief that is warranted by your individual claim, and not any remedy that affects other Google customers or users. However, if a court decides that applicable law precludes enforcement of any of this section’s limitations as to a particular claim for relief or remedy (such as declaratory or injunctive relief), then that claim or remedy (and only that claim or remedy) must be severed from the arbitration and must be brought in the state or federal courts located in Santa Clara County, California, while the remaining claims and remedies (such as individual damages or restitution) will still be resolved through binding arbitration.
Enforceability. All issues in the dispute are for the arbitrator to decide, except that only a court may decide issues relating to the scope and enforceability of this agreement to arbitrate, whether a dispute can be arbitrated, or the interpretation of this agreement to arbitrate. Except as provided in Section 6.6, if any provision of this agreement to arbitrate is found unenforceable, that provision will be severed and the balance of this agreement to arbitrate will remain in full force and effect. If for some reason the entirety of this agreement to arbitrate is found to be unenforceable, then it won’t apply, and you and Google agree to resolve disputes in the state or federal courts as set forth in Section 6.10. Judgment on an arbitration award may be entered by any court having jurisdiction.
Confidentiality. The arbitrator shall honor all evidentiary privileges recognized at law, and shall enter orders as appropriate in order to protect the parties’ trade secrets or confidential information. With respect to any information exchanged between us in connection with the arbitration, we agree to maintain either party’s trade secrets or proprietary business information as confidential and to protect the confidentiality of any other information (such as private customer information) that is legally protected from disclosure. However, we may each disclose these matters, in confidence, to our respective accountants, auditors, and insurance providers.
Future Changes to this Agreement to Arbitrate. If Google makes any changes to this agreement to arbitrate (other than a change to Google’s address for notice), you may reject any of those changes by notifying Google via the process set forth in Section 6.4 within 30 days of the change. By rejecting a future change, you are agreeing to arbitrate any dispute between us in accordance with the language of the last version of the agreement to arbitrate that you accepted.
Governing Law and Judicial Forum for Non-Arbitrable Disputes. These Terms are governed by the FAA and (only to the extent not inconsistent with the substantive and procedural provisions of the FAA), the laws of the State of California, without regard to conflicts of laws principles. The arbitrator will not be bound by rulings in other arbitrations involving Google to which you are not a party. Other than claims that must be resolved through binding arbitration (or that may be brought in small claims court), any disputes relating to these Terms or your Device and/or the Repair Program (e.g. an intellectual property rights infringement claim under Section 6.2(iii), or if the entirety of this agreement to arbitrate is found to be unenforceable by a court under Section 6.7) will be litigated exclusively in the federal or state courts of Santa Clara County, California; the parties consent to personal and exclusive jurisdiction in these courts.
Force Majeure. Google will not be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control.
No Modification. No agent, employee, or representative is authorized to modify these Terms, to extend the In-Store Repair Limited Warranty above or to make binding representations or claims, whether in advertising, presentations or otherwise, on behalf of Google regarding the Repair Program.
Entire Agreement. To the extent permitted by applicable law, these Google Terms state all terms agreed by the parties and supersede all other agreements by the parties relating to its subject matter.
Severability. If any term (or part of a term) of these Terms is invalid, illegal, or unenforceable, the rest of these Terms will remain in effect.