Policies
Warranty Policy
Payment Policy
Privacy Policy
Shipping Policy
Terms of Use
Other Policies
General
Our warranty is in place to provide you with an assurance that our repair services will repair your original failure and to insure you that our products are of good quality. The warranty covers parts that we install to repair the original failure, our workmanship, and any other products that we sell. In the event that a warranted unit fails as a result of our negligence, we will at our discretion either repair or replace the unit at no additional cost. No refunds will be offered. The repair of additional failures requiring different parts or workmanship procedures is NOT covered under the warranty.
Days for Warranty
Our repair services come with a 90 day limited warranty for parts and a 90 day limited warranty for labor from the time of invoice. We are so confident in our quality standards that we can offer a warranty for that number of days. Products that we sell come with a 90 day limited warranty.
Return Merchandise Authorization
If your repair or purchased product malfunctions, you need to obtain a Return Merchandise Authorization (RMA) number from CherryFusion in order for CherryFusion to accept your return. Do not send CherryFusion your return without a valid RMA number. No returns will be accepted without a valid RMA number or in packaging not following our recommended packaging guidelines.
Upon the receipt of a valid RMA number, you must return the failed item to us for repair or exchange. If problems covered under the warranty are found, the cost to replace the failed item and the shipment back to you will be incurred by us, and a credit of $8 will be given to you for your return shipping expenses incurred.
Credit card information will be collected upon the request of a Return Merchandise Authorization. If our diagnostic analysis finds no problems or if a problem is found that was not caused by us, then the shipping charges plus diagnostic fees and processing fees will be charged to you.
Not Covered Under Our Warranty
CherryFusion is not responsible or liable for data or information content loss regardless of how caused. CherryFusion recommends that a backup of all data or information be performed by the customer prior to sending the product for repair. CherryFusion will not perform a backup of information or data and does not guarantee to return the product with the original information or data.
The warranty does not cover the repair of additional failures requiring different parts or different workmanship procedures than those performed to fix the original failure.
The warranty does not cover accidental damages, and is void if the unit is found to have been disassembled or attempted to be repaired by someone other than us.
CherryFusion does not cover damages for, compensate, or accept returns for:
- Scratches, Dents, or Cracks.
- Alterations that cannot be determined if caused by us.
- Serial Number markings that do not match original serial numbers.
- Any other conditions that cannot be determined with certainty as to who caused the damage or where the damage was caused.
Ultimately, we want you to be satisfied with our service. Should you need to request a return, contact us at:
Support@CherryFusion.com
CherryFusion currently accepts payments with Visa, MasterCard, Discover and American Express.
By placing an order for services or for products from CherryFusion, the Customer acknowledges agreement with our Terms of Sale. These Terms of Sale represent the complete and final agreement between the Customer and CherryFusion for matters set forth herein, and shall be supplemented only by the prices, quantities, and descriptions set forth in the CherryFusion invoice for the relevant sale. Terms contained in the Customers purchase orders, offers to buy, terms and conditions, and the like shall have no effect.
Terms of Sale
Sales Acknowledgment
All sales shall be deemed made in the State of Texas, USA, regardless of the location of the Customer.
Purchase Price
Prices are listed in CherryFusion's website and other advertisements and are subject to change without notice. Advertised prices may be dependent on meeting specified requirements.
Payment Terms
Payments are due in full at time of final shipment to customer or at time of pick-up by customer. Internet orders will be charged at time of final shipment to customer.
Limitations of Liability
CherryFusion in no event shall be liable for special, incidental, or consequential damages, including but not limited to loss of profit or opportunity. In no event shall CherryFusion be liable for more than the repair, replacement, or specific product purchased cost from CherryFusion. The parties agree that the limitations in this section are integral to this order. Some states may not recognize a disclaimer or limitation of warranties and/or limitation of liability such that the above disclaimers may not apply. Customers may also have different and/or additional rights and remedies that vary from state to state.
General
(a) These Terms of Sale and any transactions made under them shall be interpreted by and be subject to the laws of the State of Texas. Should any dispute arise regarding this agreement, Customer consents to jurisdiction in the State of Texas and agrees that venue is proper in the County of El Paso. Customer agrees that the place of performance of this agreement is in the County of El Paso, State of Texas. Further, the prevailing party in any such dispute shall be entitled to costs including attorney's fees.
(b) In the event that any section or portion of a section of these Terms of Sale are deemed unlawful or unenforceable, that section or portion of a section shall be stricken from the Terms of Sale, and the remaining terms shall continue in full force and effect.
(c) CherryFusion shall not be responsible for damages, delays, or loss resulting from Acts of God, and from other actions, both governmental and otherwise, including but not limited to war, riot, seizure, and embargo.
(d) CherryFusion may modify these Terms of Sale from time to time without notice and are current as of the date of the current web site.
CherryFusion respects individual privacy and values the confidence of its customers. We are committed to protecting your privacy and personally identifiable information collected from our order request process.
CherryFusion is a licensee of the TRUSTe Web Privacy Seal Program. TRUSTe is an independent, non-profit organization whose mission is to build user’s trust and confidence in the Internet by promoting the use of fair information practices. This privacy statement covers the Web site www.CherryFusion.com. Because this Web site wants to demonstrate its commitment to your privacy, it has agreed to disclose its information practices and have its privacy practices reviewed for compliance by TRUSTe.
If you have questions or concerns regarding this statement, you should first contact Customer Service at support@cherryfusion.com. If you do not receive acknowledgement of your inquiry or your inquiry has not been satisfactorily addressed, you should contact TRUSTe at http://www.truste.org/consumers/watchdog_complaint.php TRUSTe will then serve as a liaison with us to resolve your concerns.
Information collected and Use
Orders
For your order, we need to collect your name, mailing address, credit card information, telephone, and email address. This allows us to process your order and notify you with an order status by email.
Contact Us
When you use our "contact us" form we will ask you for your name, email address, and issue to discuss. We will use this information to respond to your inquiry. You may not opt-out of receiving this email.
Blog/Forums
If you use our blog or forum on this site, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these forums.
Cookies
A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. We use cookies on this site. We do not link the information we store in cookies to any personally identifiable information.
We use session ID cookies. We use session cookies to make it easier for you to navigate our site and to hold your shopping cart. A session ID cookie expires when you close you browser.
If you reject cookies, you may still use our site, but your ability to use some areas of our site will be limited.
We use a third-party tracking service that uses cookies to track non-personally identifiable information about visitors to our site in the aggregate that captures usage and volume statistics to improve our Web site.
Some of our business partners (e.g., tracking utility company) use cookies on our site. We have no access to or control over these cookies.
This privacy statement covers the use of cookies by www.cherryfusion.com only and does not cover the use of cookies by any third parties.
Log Files
As is true of most Web sites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and click-stream data.
We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole.
We do not link this automatically-collected data to personally identifiable information.
Choice / Opt-Out
We provide you the opportunity to ‘opt-out’ of having your personally identifiable information used for certain purposes, when we ask for this information. We will send you emails and contact you via telephone if necessary to complete transactions as requested (repair issues, price quoting, and service related emails). You may not opt-out of receiving these service related communications. We do not send promotional emails or newsletters.
You will be notified when your personal information is collected by any third party that is not our agent/service provider, so you can make an informed choice as to whether or not to share your information with that party.
Links to Other Sites
This Web site may contain links to other sites from time to time that are not owned or controlled by CherryFusion. Please be aware that we, CherryFusion, are not responsible for the privacy practices of such other sites.
We encourage you to be aware when you leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information.
This privacy statement applies only to information collected by this Web site.
Sharing Disclosure
Service Providers
We use other third parties to provide credit card and shipping services on our site. When you sign up for repair services, we will share your credit card and shipping information as necessary for the third party to provide that service.
These third parties are prohibited from using your personally identifiable information for any other purpose including their own marketing.
Access to Personally Identifiable Information
If your personally identifiable information changes, or if you no longer desire our service, you may correct, update, or delete your information by contacting us at support@cherryfusion.com or by contacting us by telephone or postal mail at the contact information listed below.
Customer Information Protection
Your orders are placed through a secure server through SSL certificates. The information that you send to us through our website is encrypted prior to delivery to us.
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
If you have any questions about security on our Web site, you can send email to us at support@cherryfusion.com
We do not share, or rent your personally identifiable information to third parties except as described in this privacy policy.
Legal Disclaimer
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Web site.
Changes in this Privacy Statement
If we decide to change our privacy policy, we will post those changes to this privacy statement, the home page, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.
We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page.
Children and Minors
This site is not intended for the use of minors. No information should be submitted to the CherryFusion website by visitors less than 18 years of age. If we come to find out a child under the age of 13 has submitted information to this Web site we will delete that information.
Contact Us
CherryFusion Customer Support
9570 Pan American Drive
El Paso, Texas 79927
support@cherryfusion.com
Telephone
915-225-5277
When you complete our online purchase and/or repair order you will select one of our shipment methods.
Ground Shipping
Value shipping will maximize your delivery bargain - For repair orders this includes the shipment of your malfunctioning electronic product from your original address to CherryFusion and then back to your original address after we service your unit. The total transportation time is approximately 10 working days.
Expedited Shipping
Expedited shipping will maximize how quickly you get your repair or product - For repair orders this includes the shipment of your malfunctioning electronic product from your original address to CherryFusion and then back to your original address after we service your unit. The total transportation time is approximately 4 working days.
Weight and Size Restrictions
The shipping costs that we offer are an exceptional value and intended to provide customers with the best shipping solutions. To be able to pass on these money saving prices to our customers, we must impose restrictions to the shipping package used. Do not use boxes that are bigger and heavier than needed.
Shipping Terms
Product repaired or purchased that is damaged, lost or stolen while in transit by the carrier must be reported to the carrier and an insurance claim must be submitted by the customer to the carrier for potential compensation by the customer. The carrier's maximum insurance coverage is $100.00. For more insurance coverage, the customer must purchase it directly from the carrier prior to shipment. CherryFusion is not responsible or liable for any loss or damage that is a result of carrier negligence or theft. Delivery times are approximations only and CherryFusion shall not be held liable for loss or damages resulting from delays. There will be an additional charge of $15.00 for processing a refused order.
CherryFusion offers no guarantee for following CherryFusion's recommended shipping package methods and imposed shipping requirements, and as such is not liable for any losses incurred by following these shipping methods.
Terms of Use
Effective Date January 6, 2012
TERMS OF USE
CherryFusion, Inc., a Delaware corporation (“CherryFusion”, “we” or “us”) operates the web site located at www.cherryfusion.com, (the “Site”). Please carefully read these Terms of Use. By using this Site, you acknowledge and agree that you have read and agree to be bound by these Terms of Use (this “Agreement”). This Agreement is made between CherryFusion and you or, in the case that you represent and are using the Site on behalf of a company or other entity, that company or other entity (in either case, “You”). IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE EXIT THE SITE NOW AND REFRAIN FROM USING ANY CONTENT THAT YOU MAY HAVE OBTAINED FROM THE SITE.
1. USE OF THE SITE. You must be 13 years or older to use the Site. You may access and use the Site solely for lawful purposes and only in accordance with the terms of this Agreement. CherryFusion reserves the right at any time and in its sole discretion to modify, suspend, or discontinue the Site (or any portion thereof) with or without notice.
2. REGISTRATION. The Site may include a process by which You may apply to become a registered user of certain portions of the Site. If the Site has such a registration process, Your access to the Site will be limited to the public areas of the Site until You apply for and are approved as a registered user of the Site. In connection with Your registration, You will be asked to submit certain information about Yourself (“Registration Information”). You represent and warrant that: (a) all Registration Information You have provided is true, accurate, current, and complete; and (b) You will maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. As part of the registration process, you may be permitted to create a user ID for use in identifying Yourself (a “User ID”). You may not: (i) select or use a User ID of another person with the intent to impersonate that person; (ii) use a User ID in which another person has rights without such person’s authorization; or (iii) use a User ID that CherryFusion, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement.
3. TERM AND TERMINATION. This Agreement will be effective on the date You first use the Site and will continue until terminated. CherryFusion may terminate this Agreement immediately, for any reason or no reason, with or without notice to You. You may terminate this Agreement upon written notice to CherryFusion, such termination effective 10 business days following acknowledgment of receipt of such notice by CherryFusion. CherryFusion may also suspend your use of the Site and direct You to cease using the Site with or without notice to You and with or without cause. Upon any termination of this Agreement, all rights and licenses granted to You under this Agreement will cease and You must promptly discontinue all access to any part of the Site and the use of any Content (as defined below) downloaded or otherwise obtained from the Site. Sections 3, 9-11 and 14 will survive termination or expiration of this Agreement for any reason as they apply to the rights granted to CherryFusion and the restrictions placed on You.
4. CONTENT. The text, files, images, graphics, illustrations, information, data, audio, video, photographs and other content (collectively, “Content”) available on the Site or provided from or through the Site (such Content and any other contents of the Site, collectively, “Site Content”) are protected by the Intellectual Property Rights of CherryFusion and its partners, affiliates, and licensors (“Affiliates”). For purposes of this Agreement, “Intellectual Property Rights” mean any and all intellectual property rights, proprietary rights, rights of publicity, rights of privacy, and any and all other legal rights protecting data, information or intangible property throughout the world, including, without limitation, any and all copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, sui generis rights in databases, and contract rights. Unless otherwise noted on the Site, as between You, CherryFusion and its Affiliates, all Site Content is owned by CherryFusion and its Affiliates.
You are granted a limited, non-exclusive, non-transferable license to view the Site and Site Content solely for your own internal business purposes. Except as expressly set forth in this Agreement, You are granted no licenses or rights, whether by implication, estoppel, or otherwise, in or to the Site or Site Content, or any Intellectual Property Rights therein or related thereto, and You may not modify, reproduce, perform, display, create derivative works from, republish, post, transmit, participate in the transfer or sale of, distribute, or in any way exploit any portion of the Site or Site Content without the prior written permission of CherryFusion.
5. MARKS. Unless otherwise labeled, all trademarks, tradenames, service marks, logos, banners, and page headers displayed on the Site (collectively, the "Marks") are the property of CherryFusion and its Affiliates. Except as expressly set forth in this Agreement, You may not display, link to, or otherwise use the Marks without the prior written permission of CherryFusion.
6. POSTINGS AND UPLOADS. The Site may include forums, interactive blogs, bulletin boards, chat rooms, or other opportunities through which You may provide or upload Content to the Site (such Content, “Provided Content”). You agree not to upload or provide any Provided Content that is: (1) libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy; (2) an infringement or misappropriation of the Intellectual Property Rights of any third party; (3) illegal in any way or that advocates illegal activity; or (4) an advertisement or solicitation of funds, goods, or services. You represent and warrant to CherryFusion and its Affiliates that You own all right, title, and interest in and to any Provided Content that You provide or upload to the Site, or that You have sufficient rights, whether by implication, estoppel, or otherwise, to grant CherryFusion the rights discussed in this Agreement. You will indemnify, defend, and hold harmless CherryFusion and its Affiliates from any and all third-party claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys’ fees and court costs) that result from a breach or alleged breach of any representation or warranty set forth in this Agreement. By providing or uploading any Provided Content to the Site, You grant CherryFusion a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, copy, store, reproduce, modify, display, adapt, publish, translate, create derivative works from, distribute, and display such Provided Content throughout the world in any form, media, software, or technology of any kind. In addition, you waive all moral rights in the Provided Content or warrant that all moral rights applicable to such content have been waived. You also grant CherryFusion the right to use Your name in connection with the reproduction or distribution of such material.
7. CONDUCT. You will not and will not permit any third party to (1) use the Site to harvest or collect e-mail addresses or other contact information of other users from the Site by electronic or other means for the purposes of sending unsolicited e-mails or other unsolicited communications; (2) use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site; (3) use automated scripts to collect information from or otherwise interact with the Site; (4) use the Site to intimidate or harass any other people or entities; (5) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or method of operation of the Site; (6) remove, bypass or circumvent any electronic protection measures on the Site; (7) remove, alter, or obscure any copyright or other proprietary rights notices included on the Site or the Site Content; (8) upload to the Site or provide to CherryFusion any code or device capable of or intended to interrupt, harm or damage the Site or the operation of the Site.
8. CLAIMS OF INFRINGEMENT. Just as CherryFusion requires users of the Site to respect the copyrights and other Intellectual Property Rights of CherryFusion, its Affiliates, and other third parties, CherryFusion respects the copyrights and other Intellectual Property Rights of users of the Site and other third parties. If You believe in good faith that Your copyrighted work has been reproduced on the Site without authorization in a way that constitutes copyright infringement, You may notify our designated
copyright agent by mail to:
CherryFusion Storage Systems
Attn: Copyright Infringement Agent
Name and Address
Please provide the following information to CherryFusion’s Copyright Infringement Agent:
(1) the identity of the in fringed work, and of the allegedly infringing work;
(2) Your name, address, daytime phone number, and e-mail address, if available;
(3) a statement that You have a good-faith belief that the use of the copyrighted work is not authorized by the owner, his or her agent, or the law;
(4) a statement of the accuracy of the notice and, under penalty of perjury, that You are authorized to act on behalf of the owner; and
(5) Your electronic or physical signature.
9. REPRESENTATIONS AND WARRANTIES. You hereby represent, warrant, and covenant for the benefit of CherryFusion and its Affiliates that: (1) You have the legal right and authority to enter into this Agreement, and, if You are accepting this Agreement on behalf of a company or other entity, to bind the company or other entity to the terms of this Agreement; (2) You have the legal right and authority to perform Your obligations under this Agreement and to grant the rights and licenses described in this Agreement and in any applicable additional agreement You enter into in connection with any of the Sites; and (3) all information You provide to CherryFusion in connection with this Agreement and Your access to the Site and use of the Services is correct and current.
10. DISCLAIMER AND LIMITATION OF LIABILITY.
10.1 Disclaimer. THE SITE AND THE SITE CONTENT IS PROVIDED BY CHERRYFUSION "AS IS" AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. NEITHER CHERRYFUSION NOR ITS AFFILIATES REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION CONTAINED IN THE SITE CONTENT OR OTHERWISE DISPLAYED, DOWNLOADED FROM, OR DISTRIBUTED THROUGH THE SITE. UNDER NO CIRCUMSTANCES WILL CHERRYFUSION BE LIABLE IN ANY WAY FOR ANY CONTENT PROVIDED THROUGH THE SITE. YOU AGREE THAT YOUR ACCESS TO THE SITE IS AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE YOU INCUR THROUGH ACCESS TO THE SITE. EXCEPT WHERE THE LAWS AND REGULATIONS OF A PARTICULAR JURISDICTION CONCERNING WARRANTIES CANNOT BE WAIVED OR EXCLUDED BY AGREEMENT, CHERRYFUSION EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. YOU RECOGNIZE THAT THE CURRENT STATE OF TECHNOLOGY DOES NOT ALLOW FOR ERROR-FREE ACCESS TO THE SITE AND INTERRUPTIONS, CRASHES, AND DOWNTIME BEYOND CHERRYFUSION’S CONTROL MAY OCCUR FROM TIME TO TIME.
10.2 Limitation. IN NO EVENT WILL CHERRYFUSION BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR YOUR FAILURE TO GAIN ACCESS TO OR USE OF) THE SITE OR ANY OF THE CONTENT PROVIDED THROUGH THE SITE, EVEN IF CHERRYFUSION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. CHERRYFUSION’S TOTAL AGGREGATE LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED $25.
11. CERTAIN LIABILITIES. You hereby indemnify, defend, and hold harmless CherryFusion and its Affiliates, employees, agents, contractors, assigns, licensees, and successors in interest (“Indemnified Parties”) from any and all claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys' fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation against any Indemnified Party arising from Your accessing or using the Site (or any Content published to or available through the Site), or Your breach of any term of this Agreement. CherryFusion will provide You with notice of any such claim or allegation, and CherryFusion will have the right to participate in the defense of any such claim at its expense.
12. PRIVACY. You expressly consent to the use and disclosure of personally identifiable and other data and information as described in CherryFusion’s then-current privacy policy displayed on the Site.
13. NOTICES. Except as expressly stated otherwise, any notices required or allowed under this Agreement will be given to CherryFusion by postal mail to the address for CherryFusion listed on the Site. If applicable law requires that CherryFusion accepts e-mail notices (but not otherwise), then You may send CherryFusion an e-mail notice by emailing CherryFusion at admin@CherryFusion.com. With respect to CherryFusion's notices to You, CherryFusion may provide notice of amendments to this Agreement by posting them on the Site and You agree to check for changes. In addition, or in lieu thereof, CherryFusion may give notice by sending e-mail to the e-mail address You provide during registration for the Site. Notice shall be deemed given 24 hours after it is posted or an e-mail is sent, unless (as to e-mail) the sending party is notified that the e-mail address is invalid.
14. GENERAL TERMS.
14.1 Third-Party Beneficiaries. CherryFusion’s Affiliates are intended third-party beneficiaries under this Agreement with the right to enforce the provisions that directly concern Content to which they have rights.
14.2 Assignment. You may not assign, delegate or transfer this Agreement or any of Your rights hereunder by operation of law or otherwise, and any attempt to do so will be null and void. CherryFusion may assign this agreement to any party that assumes CherryFusion’s obligations hereunder.
14.3 Integration. This Agreement sets forth the entire understanding of the parties and supersedes any and all prior oral and written agreements or understandings between the parties regarding the subject matter of this Agreement. The waiver by either party of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.
14.4 Severability. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability, without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
14.5 Jurisdiction and Venue. This Agreement will be governed by the laws of the State of Texas, without giving effect to any conflict of laws principles. You hereby irrevocably and unconditionally consent to the jurisdiction and venue in the state and federal courts sitting in El Paso, TX (USA). In any such dispute, the prevailing party will be entitled to recover its reasonable attorneys’ fees and expenses from the other party.
14.6 Modifications. CherryFusion reserves the right, at any time and without notice, to add to, change, update, or modify the site and these Terms of Use, simply by posting such addition, change, update, or modification on this site. Any such addition, change, update, or modification will be effective immediately upon posting on the Site.
Repair Duration
Our goal is to complete repairs within 2 business days from the time of repair approval, although the repair duration is subject to parts availability.
Charges for Repairs made after Diagnostics
When our diagnosis determines that the repair is different from the one a customer specified or the approve limit is exceeded, Cherry Fusion will contact the customer to provide a description of the problem, a quote for the repair, and to obtain an approval to continue with the repair.
When repairs are not approved, we will return your unit to you and then only charge for the shipping costs and diagnostics costs, as applicable. Remember that you can always offer to sell your item to us.
Work Approval
CherryFusion will call you for approval before commencing additional work if:
(a) The amount for repair is higher than your approved budget if you approved a budget or
(b) The item found defective with your device is different from what was selected when the order was created or
(c) You selected the AnyFix repair option but there was more than 1 item found needing repair or
(d) There are additional items needing repair other than those selected at the time the order was created.
Diagnosis Fees
Cherry Fusion does not charge diagnosis fees for products to be repaired. If there is a situation requiring approval and the item is not approved, CherryFusion may charge a fee for performing the diagnostic analysis depending on the type of product. Please see Table 1 for pricing and applicability.
Abandonment
Cherry Fusion will attempt to contact the customer at the contact phone number and/or email address provided after the submitted item has been diagnosed or repaired. If a customer does not respond within 30 days from that time, the product will be considered abandoned and placed for sale to recover incurred costs for parts, labor, and associated processing fees.
Miscellaneous Items
Minor scratches and dents may occur during the repair process.
Repair parts used may be new, used or refurbished.
Our technicians do their best to provide you the most accurate initial diagnosis. Because some repair parts are not kept in stock, some diagnostics are based on prior experience and as a result, the original diagnosis may be subject to change depending on the final testing phase after part installation.
Final price for repairs will be provided after CherryFusion’s technician has diagnosed the problem.
Once approved and work is completed, you will be charged the quoted price regardless of whether you reverse your decision.
Repair Types
AnyFix Repair
The AnyFix repair option is only available on some models. When available and if selected it allows you get your device repaired in the fastest way possible without the need to wait for approval and in a very cost effective manner as long as no more than one part failure is diagnosed. If more than one part failure is diagnosed and that part is not listed as an excluded item from the AnyFix package, we will calculate the repair price for the items diagnosed, credit the AnyFix value and provide a discounted quote for the balance of the remaining item/s.
If the AnyFix repair option is selected or applies, the option will not cover repair items listed within the section titled as “Non Repairable Components”.
Diagnostic Repair
This is a repair that is done during the diagnostic phase. An example of this is CherryFusion reconnecting a loose connection or wiping a dirty lens. These are only examples and there are other similar situations that may arise. You will be charged for repairs completed as part of the diagnostic process. Please see Table 2 for pricing. This service item applies only to products which do not have the AnyFix service item available. In the event that a product which has the AnyFix service item available is repaired during the diagnostic process, the AnyFix price will apply.
Repair with Parts
This is a repair where a part was found to be defective.
No Problem Found
If a problem was not found with your item, you will be charged according to Table 3.


