Art of the Watch, LLC, Inc.

Watch Repair Terms and Conditions

  1. Acceptance of Terms.  Art of the Watch, LLC. (“Art of the Watch or “we”) provides a service, where the customer (“you” or “Customer”) delivers a watch, pocket watch, other horological device or instrument (“Watch”) needing repair, and we perform an evaluation of the watch and issue you an estimate for its repair. By using Art of the Watch, LLC’ website, accepting our estimate, indicating that you want to proceed with repairs, or by using Art of the Watch, LLC’s services, you agree to these terms and conditions (“Terms”). Additional terms and conditions applicable to the use of our website, privacy policies, specific areas of this website, or to particular content or transactions are posted in particular areas of the website and, together with these Terms, (altogether “Agreement”) govern your use of those areas, content, and transactions.
  2. Risk-Of-Loss.  Art of the Watch, LLC provides the option for use of jeweler’s block insurance for delivery to and/or from Art of the Watch, LLC’ location. Art of the Watch, LLC will serve as a liaison for this insurance. If you choose to use this insurance, payment for any claim is contingent on approval of your claim by the insurer. If you do not use the jeweler’s block insurance option, you are solely responsible for the risk of loss and damage for the Watch both before and after the Watch is in Art of the Watch, LLC’ possession. Receipt of the Watch by Art of the Watch, LLC occurs when a box or envelope is signed for, inspected and accepted by Art of the Watch, LLC. In the event of a claim with the insurer or shipping company, you are responsible for providing proof of purchase as well as proof of shipment and any other required documentation to the insurer or shipping company. If you do not use the jeweler’s block insurance option, Art of the Watch, LLC is not responsible for providing insurance or obtaining insurance reimbursement. Art of the Watch, LLC is not responsible for loss or damage during shipment or delivery under any circumstances. Art of the Watch, LLC is the “shipper” in name only in order to expedite and facilitate the shipping process.
  3. Jeweler’s Block Insurance.  Jeweler’s block insurance does not cover sentimental value. During the incoming (to our facility) transit, the Watch is covered for its replacement value minus cost of repair. On the way back to you, jeweler’s block insurance covers the replacement value of the Watch only. Coverage is limited to the lesser of the amount you specify or the actual value of the Watch.
  4. Payment/Refund Policy.  Upon completion of the repair an invoice will be issued. You will be required to pay either with PayPal, certified check or money order. Upon clicking the “accept estimate” you have made a legally binding agreement to proceed with the repair.
  5. All Decisions Are Final.  Repair of the Watch commences upon receipt of the Watch and acceptance of the estimate. If there are repair or other issues that you do not specify, we are not responsible for identifying them (although we do our best to find them independently). Once repair has begun you are committed to the completion of the repairs.
  6. Guarantee of Repair.  Art of the Watch, LLC does not guarantee that we can repair your Watch. We must first examine your Watch to determine:
    • If the repair can be completed successfully;
    • Availability and cost for parts;
    • How much the repair will cost;
    • Estimated turnaround time.
  7. Unrepairable Watch.  If, in the sole judgment of Art of the Watch, LLC, your Watch cannot feasibly be repaired due to lack of access to necessary parts or specialist labor, you agree to pay the return shipping costs for the Watch.
  8. Shipping. You are responsible for all shipping costs.
  9. Abandoned Watch.  In the event that you decide not to proceed with the repairs, and do not want to pay for return shipping, we will retain your Watch for a period of no longer than one (1) year in case you change your mind regarding either the repair or return shipment. After one year, Art of the Watch, LLC has no responsibility for loss or damage to your Watch for any reason and is not responsible for retaining or returning the Watch. 
  10. Length of repair time.  We make no guarantees or promises regarding the length of repair time. Due to the nature of the business, and the variable timeliness of various parts suppliers, we can only provide general guidelines. By no means are these guidelines ever a guarantee or deadline.
  11. Return Shipment.  Our shipping providers do not telephone prior to delivering packages, and we cannot guarantee the time of delivery. If you are not available to receive the delivery after three attempts, the package may be returned to us, at which point you are responsible for any additional payment to cover return of the package and reshipment.
  12. Disclaimer of Liability.  Art of the Watch, LLC disclaims any responsible for:
    • Items delivered to incorrect addresses supplied by the sender;
    • Unsuccessful deliveries arising from the recipient not being present at time of delivery at the address supplied by the sender;
    • Delays in delivery due to the fault of the delivery service contracted (UPS, FedEx, etc.).
  13. Workmanship Warranty.  Art of the Watch, LLC provides a one (1) year workmanship warranty against defects caused by Art of the Watch, LLC’s labor in repairing the Watch. Under this warranty, if defects caused by Art of the Watch, LLC’s labor arise during the one (1) year period, Art of the Watch, LLC will either repair the defects and cover the costs of shipping or refund the cost of the original repair work; this is the sole remedy. This warranty applies to work performed by Art of the Watch, LLC only. This warranty applies only to the components which have been worked on during the repair. Any damage to the Watch resulting from normal, extreme or inappropriate use is not covered under the warranty. If the Watch casing is opened during the one-year period, the warranty is voided. The case, parts, crystals, winding, setting parts and electric or electronic items are not covered. Water damage is also not covered in this warranty unless the Watch is expressly pressure certified by us, as water resistance is not a permanent condition, given the gaskets inside the Watch are subject to deterioration over time.
  14. No Responsibility for Damage Caused by Attempted Repairs.  Because the Watches have aged and been subject to normal wear and tear and possibly extreme or inappropriate use, Art of the Watch, LLC is not liable for any damage caused by attempted repairs, although Art of the Watch, LLC will make a reasonable attempt to repair such damage. You acknowledge that attempted repairs may result in damage to the Watch or its parts and that such damage may not be reasonably repairable.  
  15. DISCLAIMER OF WARRANTIES.  Art of the Watch, LLC MAKES NO WARRANTY OF FITNESS FOR YOUR PARTICULAR USE OR PURPOSE, NOR ANY OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY. Art of the Watch, LLC MAKES NO WARRANTY AS TO THE QUALITY, LIFESPAN, CONDITION OR RELIABILITY OF THE PRODUCT OR PARTS PROVIDED DURING OR AFTER THE REPAIR. Art of the Watch, LLC SPECIFICALLY, BUT NOT BY WAY OF LIMITATION, DOES NOT WARRANT THE ACCURACY OR SUFFICIENCY OF ANY ADVICE OR RECOMMENDATIONS GIVEN TO BUYER. Art of the Watch, LLC EXPRESSLY DISCLAIMS ALL ORAL WARRANTIES.
  16. Limitation of Damages.  TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR ANY SERVICES OR GOODS PROVIDED BY OR THROUGH Art of the Watch, LLC. THIS LIMITATION APPLIES EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES AROSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL BASIS. THE TERM “DAMAGES” INCLUDES, WITHOUT LIMITATION, ATTORNEY FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF FUNCTIONALITY. YOU ACKNOWLEDGE THAT THESE TERMS REFLECT AN ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK IS A SIGNIFICANT INDUCEMENT FOR US TO PROVIDE THE SERVICES AND GOODS.
  17. Accuracy of all Information.  Art of the Watch, LLC makes every effort to ensure the accuracy of all information that you receive in relation to your Watch. In the event of typographical errors, technical inaccuracies, or pricing errors or omissions, Art of the Watch, LLC reserves the right to correct the error at the time of error discovery. If Art of the Watch, LLC corrects the error, Art of the Watch, LLC will provide you with the following options: (1) to proceed with the repair based on the corrected information; or (2) to cancel your repair, in which case Art of the Watch, LLC will promptly return the Watch to you at your expense.
  18. General Provisions:
    • Entire Agreement/No Waiver.  These Terms constitute the entire agreement of the parties with respect to its subject matter. The captions are used only as a matter of convenience and are not to be considered a part of these Terms or be used in determining the intent of the parties to it. No waiver by Art of the Watch, LLC of any breach or default shall be deemed to be a waiver of any preceding or subsequent or continuing breach or default.
    • Correction of Errors and Inaccuracies.  These Terms may contain typographical errors or other errors or inaccuracies and may not be complete or current. Art of the Watch, LLC therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Art of the Watch, LLC does not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.
    • Modification.  Art of the Watch, LLC reserves the right to modify these Terms at any time without giving you prior notice. If we revise the Terms of Use or privacy policy, we will prominently display a notice on our Web site saying there have been changes, include a link to them and state that continued use of the Web site binds the user to them. Your use of Art of the Watch, LLC’ services following any such modification constitutes your agreement to follow and be bound by the Terms as modified. Art of the Watch, LLC’ changes modifying these Terms are effective immediately upon posting. No modifications by you of these Terms will be effective, regardless of whether Art of the Watch, LLC proceeds with repairs or not.
    • Governing Law.  THESE TERMS AND CONDITIONS ARE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH OREGON LAW, EXCLUDING ITS CONFLICT OF LAWS PROVISIONS. YOU AGREE THAT ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS WILL BE FILED ONLY IN PORTLAND, OREGON, AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION, OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS.
    • Arbitration. Notwithstanding any other provision to the contrary, any controversy or claim arising out of or relating to this agreement shall be settled exclusively by arbitration in Portland, Oregon in accordance with the Commercial Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any Court having jurisdiction. The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards will apply.
    • THE PARTIES AGREE THAT THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS SPECIFICALLY EXCLUDED FROM APPLICATION TO THIS AGREEMENT.
    • Invalidity. Any provision of these Terms of Use which is determined by a court or arbitrator(s) to be unenforceable in any jurisdiction shall be removed from these Terms to the minimum extent required in that jurisdiction without in any way invalidating the remaining provisions of these Terms. In that event the arbitrator(s) and/or the court is hereby directed by the parties to replace the legally invalid provisions with legally valid provisions which will, from an economic viewpoint, most nearly and fairly approach the eliminated provisions. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction.
    • Limitations on Actions. Any litigation or arbitration arising out of or in connection with these Terms or your use of our services must be commenced within one (1) year after the cause of action arose, or it will be permanently barred.