Repairs

As the legal owner of the device (“Device”, “Console”, “Controller”) being dropped off today, you hereby authorize the party Top of The Line Games LLC., (“the store”, “TOTL Games”) and their employees (“TOTL Employees”), to perform the repair work listed using all required parts. 

You understand that Top of The Line Games LLC. is NOT an authorized repair provider for the Microsoft Corporation, Sony Group Corporation or Nintendo Co., LTD or any other manufacturer of electronics. By electing to have us service your device, you hereby acknowledge that these companies may not service your device once we have begun work on your device. By having the store service your device you acknowledge that you will be voiding any and all warranties provided by the Microsoft Corporation, Sony Group Corporation and Nintendo Co., LTD for their devices. TOTL Games is not affiliated with the Microsoft Corporation, Sony Group Corporation or Nintendo Co., LTD. and having the store service your device is an express waiver of your rights under those warranties and waives any liability or claim against Top Of The Line Games LLC. for voiding those warranties. 

Repairs can be complicated, and as such the store cannot guarantee the safety of any saved data on your device including but not limited to; downloaded games, profiles, saved photos/videos/other multimedia files, save states for video games, and passwords and preferences. By agreeing to these terms, you waive any liability or claim against Top Of The Line Games LLC., for any data that is lost or destroyed during the process of the repair. It is your responsibility to ensure that any data that you do not wish to lose is backed up on a separate storage device. 

The store reserves the discretion to discontinue or refuse service on any device based upon the cleanliness and/or functionality of the device. If damage or issues not disclosed at the time of drop off is discovered, the store reserves the right to return the device to you with no liability or warranty on the part of Top of The Line Games LLC. 

The store will do its best to provide you with an accurate estimate of the cost of servicing your device, however as stated above the nature of repairs is complicated and the estimate quoted to you may not be the final estimate. The store will contact you before starting any work which might increase the cost of the estimate, and you have the right to decline service on your console. If you do choose not to have your device serviced by TOTL Games for any reason, you hereby waive any liability or responsibility on the part of TOTL Games and their affiliates for the functionality of your device. TOTL Games and their affiliates will do their best to ensure that upon pick up that the device is in a similar condition as it was when dropped off, but cannot guarantee that it will be in the same condition as when it was dropped off. 

If in the process of servicing your device TOTL Games requires parts that may need to be ordered, they will contact you before ordering the parts and quote you the estimated cost of the parts, which you hereby agree to pay for upon time of pick up after your console has been serviced. The estimated cost is not a guaranteed final cost, as due to the current tariff situation parts that might need to be imported may have a higher cost upon arrival than previously quoted. By allowing TOTL Games to order parts for your device you hereby agree to pay for any additional fees that may be associated as a result of these tariffs. Any parts not ordered by TOTL Games directly may not be utilized in the process of repairs, and TOTL Games retains the right to refuse the usage of any parts not ordered by their employees or their affiliates. If TOTL Games does agree to utilize any parts not ordered by them or their affiliates, you acknowledge and agree that any service done by TOTL Games with these parts will not be covered under any limited warranty provided by the store, or any other guarantee or assurance, implicit or explicit. You hereby waive any liability for damage to your device that is caused by faulty parts or other incompatibilities even if they may not be listed here. 

After service on your device has been completed, TOTL Games will attempt to contact you via the phone number provided at time of drop off. After the first attempt at contact, you will have 60 days to come and either pay for and pick up, or pick up your device. TOTL Games will make three attempts to call you over the course of these 60 days, but if by 60 days after first contact we have not heard from you, the device will be considered abandoned. By signing you understand that multiple attempts to contact you will be made, and 60 days after the first attempt at contact if you have not made an attempt to contact TOTL Games your device will be considered abandoned property. All abandoned devices will be considered property of the store, and any deposits will be considered forfeit. TOTL Games will not be held responsible for any devices after they have been abandoned. 

With some exclusions, devices serviced by TOTL Games have a Limited Warranty of 90 days from the date that the device is paid for and picked up. The warranty is non-transferable. The warranty is considered void if the device is misused, altered or tampered with, or if anyone other than a TOTL employee has attempted to or subsequently attempts to repair the device. Misuse in this case includes, but is not limited to, physical damage (drops, dents, cracks, exposure to extreme temperatures), liquid damage (spills and/or liquid immersion of the device), electrical damage (power surges, improper maintenance of electrical cords or improper plug ins), and damages caused through the downloading of software or modifications onto the device. The Limited Warranty does not cover any damage or defects that are unrelated to the original issue that was present at the time of service.

Exclusions to the Limited Warranty include but are not limited to; devices serviced with parts not purchased by TOTL Games, any software issues including operating system installation, new problems or issues not directly related to the original reason the device was brought in for. Additional exclusions may be added at any time, and it is the responsibility of you, the customer, to ensure that your device is covered under TOTL Games’ Limited Warranty.

You agree to pay a NON-REFUNDABLE DIAGNOSTIC FEE of $25 to TOTL Games for attempting to repair your device. If the device is repairable, the diagnostic fee goes towards the full cost of the repair. 

TOTL Games will keep the main copy of this waiver on hand, if at any point you would like a copy for your own records you must let a TOTL Games Employee know so that they can make a photocopy for you. 

By agreeing to these terms and conditions, you acknowledge that you have read the terms of service and with the exception of the Limited Warranty obligations of the store as described above, you release and agree to hold harmless Top of The Line Games LLC. and their respective affiliates, employees, subcontractors and agents (collectively, the “TOTL Games Parties”) from any and all damages, expenses, claims and other liabilities, including damages and claims concerning the Device or any and all data stored on the Device, that you may have now, hereafter now, or claim to have against any of the TOTL Games Parties. In all cases the maximum liability of the Store (including all TOTL Games Parties) hereunder shall be limited to the repair and replacement of defective parts or replacement of the Device with an equivalent refurbished replacement Device. Should any individual provisions of this Agreement be or become invalid, this will not affect the validity of the remaining provisions of this Agreement. Any invalid provision will be replaced by such valid provisions as comes closest to the intentions of the parties hereto.