REPAIR RISKS AND LIMITATION OF LIABILITY:

All services rendered by Montoya Industries are performed by or under the supervision of certified and experienced electronics technicians. While every effort is made to ensure careful, professional repairs, the nature of electronics servicing inherently carries certain risks.

Risks of Repair

Devices undergoing service may be exposed to:

• Heat, electrical current, and mechanical stress

• Resin fluxes, solvents, epoxies, isopropanol, and other repair chemicals

• Diagnostic and reflow/rework processes that may impact nearby components

The following pre-existing conditions may cause or reveal additional failures during or after service:

• Previous tampering, modification, or failed repairs

• Prior liquid, smoke, insect, surge, or physical damage (especially when devices have been dropped)

• Pre-existing faults not detectable until disassembly or partial repair is performed

Customers understand that repairs may inadvertently result in:

• Minor cosmetic or structural damage (e.g., broken clips, worn seals, plastic deformities)

• Changes to service strategy or cost after internal inspection

• Situations where a device is deemed not viable for repair after service has begun

Repairs will not proceed without customer authorization.

By initiating services, the customer acknowledges and agrees to these risks.

LIMITATION OF LIABILITY

In the rare event that Montoya Industries is found to have caused damage to a customer’s device through any negligence of its own, liability shall be limited as follows:

• Montoya Industries will provide reimbursement or replacement of devices only if the damage is conclusively determined to have been caused by our direct error or mishandling.

• The maximum financial liability for any such damage shall be $250, regardless of the device's brand, model, or potential resale value.

• Valuation will be based on the device's condition at the time of arrival, using current market rates for similar used devices (e.g., sold listings on eBay).

Example: A PS5 originally submitted with a damaged HDMI port will be valued as a non-functional unit with such observable issues, not a fully working console.

This liability cap ensures transparency and fair business practice, while protecting Montoya Industries from undue exposure in the course of delivering expert services.

By submitting a device for service, the customer agrees to these terms in full.

SERVICE FEES AND COST RECOVERY

Montoya Industries may apply any of the following non-refundable service related fees on a case-by-case basis. These fees cover diagnostics, labor, tooling, shipping, and parts that are essential for delivering accurate, efficient, and professional services. Customers agree to these terms upon engaging in our services, and fees must be paid in full prior to the return of any serviced device.

Possible Non-Refundable Service Fees:

• Disassembly / Reassembly Fee – Charged to cover time and labor involved in disassembly and reassembly of devices.

• Bench Fee / Advanced Bench Fee – A base charge that covers diagnostic evaluation, attempted repair, and the use of technician time and bench resources. This includes standard and advanced diagnostics, partial disassembly, testing, and labor for any unsuccessful, canceled, or incomplete repairs. Advanced bench fees apply to devices with severe damage (e.g., liquid, surge, fire, or insect-related).

• Maintenance / Corrosion Treatment Fee – For systems requiring chemical or ultrasonic cleaning, corrosion mitigation, or post-damage restoration as labor and materials for these services cannot be recovered.

• Mailing / Shipping Fee – For return postage, shipping labels, protective packaging, or special handling.

• Parts and Consumables Fee – Covers any components that cannot be safely or reasonably removed or reused after installation. This includes (but is not limited to) HDMI ports, soldered components, screens, hard drives, adhesive strips, and thermal pads. This fee may also include procurement and shipping costs for any special order parts from third parties that are non-refundable or non-returnable after installation or attempted use. Special-order parts may require a deposit; once ordered, such parts are non-cancelable and non-returnable, and associated costs will be billed even if the repair is declined.

• Expedited / Urgent Service Fees – If the customer requests prioritized, faster-than-standard turnaround.

• On-Site or Mobile Service Fee – If services are requested offsite (e.g., at customer home or business) Note: not eligible for standard consumer electronic repairs.

• Media Transfer / Recovery Fee – When data backup, file transfer, or media recovery work is required.

• Labor / Consulting Fees – Applies to contracted diagnostic, engineering, or rework services billed by the hour. Rate varies depending on complexity and urgency

Fees may be itemized on pre-estimates, estimates, quotes, or final invoices. Commercial bulk rates are available. We aim to spot issues early and pause before additional non-refundable services or materials are used; however, some faults are only discoverable after disassembly or agreed upon repair work is completed. By approving service, you accept responsibility for agreed-upon non-refundable costs up to the approved estimate (e.g., contracted service, bench/diagnostic time, consumables, and special-order parts). We may charge for goods/services already in process, including ordered or in-transit parts. If anything unexpected is found that would alter scope or price, Montoya Industries will pause and notify you; no additional work will proceed without your authorization. The customer understands and agrees to the above policy on non-refundable service fees and cost of recovery.

ABANDONED DEVICES

Devices left unclaimed or unpaid for beyond reasonable timeframes will be considered abandoned. Montoya Industries maintains this policy to manage workspace availability and recover costs of services rendered. A device is deemed abandoned if it remains uncollected or unpaid for 30 days after any of the following:

·         An attempt has been made to notify the customer that their repair is completed and ready for pickup or shipment

·         The service was canceled by the customer, or, an attempt was made to notify customer that no further repair progress is possible or Montoya Industries wishes to cancel the repair

·         Any other reason that there is no continuation of progress in the repair

A 15-day warning notice will be issued (via email, text, phone, and/or mail as customer data is made available to us) after service completion, stoppage in progress, cancellation, or any of the above circumstances alerting the customer that abandonment status is approaching.

Once considered abandoned, the device becomes property of Montoya Industries and will be handled at its discretion and may be sold at auction, sold through marketplace platforms, disassembled and used for parts, donated, or transferred to a third party service or recycler. Proceeds from disposition of an abandoned device may be applied to outstanding balances; any remainder is retained as liquidated damages for storage, handling, and administrative costs. This policy allows us to maintain limited workspace availability and recoup costs for services and materials expended. Customers agree to these terms upon initiating service with Montoya Industries.

CANCELLATION OF SERVICES:

Montoya Industries reserves the right to cancel its services for any reason. Requests may also be made by the customer to cancel services – any fees accumulated will still stand and must be paid in full in order for a device to be returned to the customer. The customer understands and agrees to the above policy for the cancellation of services.

CANCELLATION OF SERVICES:

Montoya Industries reserves the right to cancel its services for any reason. Requests may also be made by the customer to cancel services – any fees accumulated will still stand and must be paid in full in order for a device to be returned to the customer. The customer understands and agrees to the above policy for the cancellation of services.

COMMUNICATIVE TERMS AND CONDITIONS

By initiating service with Montoya Industries, customers consent to receive communications related to their repair or product purchase through multiple channels, including electronic mail, phone calls, social media messaging and text messaging. These communications are necessary to provide status updates, cost estimates, quotes, invoices, approvals, reminders, and other service-related notices.

Consent and Authority

• Consent and approvals for services are granted by the signee of our service agreement, or any third-party explicitly designated by the signee to make service decisions.

• By default, customers opt in to receive electronic and paper-based communications upon scheduling a service or submitting a device.

Time Cap & Authorization: If additional bench time or added services beyond the original agreed upon pre-estimate, estimate, quote or invoice are required, Montoya Industries will pause and request approval before proceeding.

Communication Methods

Customers may receive:

• SMS/MMS text messages to the phone number provided

• Phone calls for service authorization or urgent matters

• Email notifications with detailed updates or digital records

• Paper mail for return shipping or physical documentation

These communications may include appointment related reminders and confirmations, service status updates, repair approvals, estimates, payment reminders / balance notices, follow-up messages for satisfaction, maintenance, marketing and other business related transactions.

Marketing and Public Media

• Montoya Industries may occasionally send marketing follow-ups for repeat service reminders or promotions.

• With your implicit consent, public-facing images or descriptions of your repair process may be featured on our website, portfolio, or social media. We do not disclose personal information unless granted written permission.

Opt-Out Procedures

• Customers may opt out of marketing messages by clicking an unsubscribe link (email) or replying "Opt-out" (text/SMS).

• Service-related messages (status updates, billing, approvals) are considered essential and cannot be disabled unless the customer cancels all services.

Disclaimer:

Montoya Industries is not responsible for missed communications due to email filtering, voicemail issues, incorrect contact information, or charges incurred by your service provider.

By using our services, customers acknowledge and agree to these terms of communication, which are necessary to ensure transparency, efficiency, and service continuity.

CUSTOMER DATA AND PRIVACY POLICY

Montoya Industries takes the handling of customer information seriously. In some cases, customers may request or authorize Montoya Industries to temporarily access personal or protected information necessary for completing certain services. This may include:

• Account credentials or passwords for personal devices (e.g., user login, PIN, or parental lock)

• Login information for gaming platforms or cloud backup services

• Authorization to access encrypted or password-locked hard drives for data backup or transfer

• Device PINs or security questions needed for system reset or testing after repair

Customer Consent and Authorization

• We require explicit written or recorded verbal consent from the customer before accessing any password-protected content or personal data.

• This consent is granted for the limited purpose of performing requested services and is revoked upon job completion.

• Customers are responsible for maintaining accurate records of their credentials and must update passwords once services are complete.

Scope of Responsibility

• Montoya Industries will never share, store, or retain customer credentials beyond the active service window.

• All sensitive information is treated as confidential and used strictly for the technical purposes specified by the customer.

• Montoya Industries does not initiate purchases or subscribe to services on a customer’s behalf under any circumstances.

• Any charges incurred through an active subscription or platform during repair (e.g., Microsoft, Sony, Google) are the sole responsibility of the customer and their service provider.

Account Access and Data Recovery

• Access to customer accounts is the responsibility of the customer.

• Failure to provide accurate login credentials may result in delayed repairs or system return without completion of certain services (e.g., cloud restores, account data reinstallation).

• Customers should always back up their data when possible before submitting devices for services. Montoya Industries is not responsible for unrecoverable data.

• We do not offer account credential recovery services.

Limitation of Liability

In the event of a confirmed data breach or mishandling of information caused by negligence during service:

• Montoya Industries may offer reimbursement for damages up to a maximum of $250.

• Claims must demonstrate direct responsibility and must be reported within a reasonable timeframe after service completion (3 months or less).

Customer is responsible for account access and password reset. We do not provide account credential recovery services.

By providing access credentials or approving data-related services, the customer acknowledges and accepts these terms and agrees to take prompt action to secure their accounts post-service.

SERVICE WARRANTY (FOR REPAIRS)

This warranty applies only to devices that have received completed and fully paid repair services, and strictly to the original issues repaired by Montoya Industries, that fail under normal operating conditions. Service warranties are honored for up to 30 calendar days, unless otherwise specified.

WHAT THE SERVICE WARRANTY COVERS:

·         Failures caused by defective parts installed during the completed and paid repair

·         Failures resulting from our workmanship for a completed and paid repair

If a qualifying service-related warranty issue arises, Montoya Industries will, at its discretion:

·         Offer to re-perform the original repair, and/or

·         Offer a partial refund based on the original receipt total, minus non-refundable charges, e.g.:

Ø  Diagnostic fees

Ø  Repair effort or labor fees

Ø  Parts costs

Ø  Bench/service time

Ø  Shipping or mailing costs

Ø  Expense of parts, consumables, and special parts ordered

Ø  Any other applicable service-related charges (See section: Service Fees and Cost of Recovery)

WHAT VOIDS THE SERVICE WARRANTY?

·         Broken, missing, or tampered warranty seals

·         Evidence of any of the following not documented before the repair:

Ø  Liquid damage

Ø  Insect infestation

Ø  Smoke, excessive dust, or fire exposure

Ø  Impact or blunt force, including cracks, dents, or drop damage

Ø  Unauthorized third-party repairs or tampering

Ø  Devices operated outside of intended use, or mishandled after service

Montoya Industries reserves the right to determine service warranty eligibility after re-inspection of returned devices post-service. Please allow up to two business days for approval of any financial reimbursement.

DEVICE VALUATION FOR SERVICE WARRANTY CLAIMS

If a device replacement is approved:

·         Value will be based on the device’s condition at the time of arrival, prior to any repair or damage

·         Market value will be determined using recent listings for similar used items (e.g., eBay)

Example: A PS5 originally brought in for a repair service with a damaged HDMI port will be valued as it originally was brought as a non-functional unit post-service, not as a functional or new device.

The maximum financial reimbursement Montoya Industries may provide for any repair service is $250, regardless of the device’s resale or perceived value.

PRODUCT WARRANTY (FOR RETAIL SALES)

This warranty applies only to products purchased directly from our retail inventory and covers the product under normal operating conditions. Product warranties are honored for up to 30 calendar days, unless otherwise specified.

RETAIL PRODUCT RETURNS

·         All retail sales are final unless explicitly stated otherwise at the time of purchase

·         Approved returns must be in similar condition to when originally sold

·         A 20% restocking fee applies to unused, functional, and resellable items

·         Custom products (including limited edition or modified/customized builds) are subject to a 50% restocking fee due to the nature of their customization, labor involved to see to completion, and limited resale value

·         If a product fails under normal operating conditions, it may qualify for a full refund and is subject to inspection

WHAT THE PRODUCT WARRANTY COVERS

·         Any electrical or mechanical failure of the product or its modular components (excluding cosmetic defects)

·         Any failure that significantly affects the intended functionality of the product

If a qualifying product-related warranty issue arises, Montoya Industries will, at its discretion:

·         Offer a repair or replacement, if available, and/or

·         Offer a full or partial refund (typically including a 20% restocking fee) depending on condition and usage

WHAT VOIDS THE PRODUCT WARRANTY?

·         Broken, missing, or tampered warranty seals

·         Evidence of any of the following not documented before the sale:

Ø  Liquid damage

Ø  Insect infestation

Ø  Smoke, excessive dust, or fire exposure

Ø  Impact or blunt force, including cracks, dents, or drop damage

Ø  Unauthorized third-party repairs or tampering

Ø  Devices operated outside of intended use, or mishandled after purchase

Ø  Removal or alteration of identifying marks or serial numbers

Montoya Industries reserves the right to determine product warranty eligibility after re-inspection of returned items. Please allow up to two business days for approval of any reimbursement

DISPUTE RESOLUTION AND CHOICE OF LAW AND VENUE:

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.