Overview; Changes.
General. Bosch provides company information, images, graphics, data, and other information (collectively, “Materials”) and store locator, product updates, product registration, e-repair for Bosch power tools, including, without limitation, Bosch®-branded power tools and measuring tools and Dremel®-branded power tools ( “Products”), product information requests and other services (collectively, “Services”) that may be accessed via the Bosch Website.
Changes. These Terms may change from time to time. When accessing the Website or through other means of notice as provided in Notices, you may be invited to review and accept material changes to these Terms. Your continued access to and use of the Website, after we make changes, is deemed to be acceptance of those changes, whether or not you have actually reviewed them. Bosch is not responsible for notifying you of changes to these Terms. Please check these Terms periodically for updates.
Legal Compliance.
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Website. Bosch reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem appropriate, including but not limited to blocking or canceling your access, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, e-mail addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.
Third Party Website Links and Referrals.
The Website may (i) contain links to other web sites that are operated by third parties; (ii) integrate or be provided in connection with third-party services or content; and (iii) contain referrals to third party vendors (collectively “Third-Party Services or Content”). Bosch does not control such Third-Party Services or Content, and Bosch includes or provides these Third-Party Services or Content only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Services or Content. Your use of these Third-Party Services or Content is at your own risk. You should read the terms of use agreements and privacy policies, if any, that apply to such Third-Party Services or Content.
Terms of Repairs.
As it relates to any Product repair orders you submit via the Services, you hereby agree that such repairs shall be subject to the following terms:
- Diagnosis: Bosch will conduct a diagnosis of Products returned for repair by fully disassembling, checking/testing the components, and determining what is required to return the Product to correct operation.
- Warranty Repairs: If the required repair for a Product is covered under the tool’s limited warranty (if any), such Product will be repaired and returned in accordance with the terms of that limited warranty at the address you provided when you submitted your repair order. Please note that we cannot return a Product repaired under the limited warranty if you do not provide a valid shipping address.
- Non-Warranty Repairs (Standard Option): If the required repair for the applicable Product is not covered under the Product’s limited warranty (if any), there are two options available: the standard option (the “Standard Option”) and the MaxVantagePRO option (the “MVP Option”). If you select the Standard Option, an estimate of repair charges will be issued to you at the email address or alternative contact information you provided when you submitted the applicable repair order. All estimates are performed free of charge. Once the estimate has been issued, you must accept or decline the repair per the terms of the estimate. All estimates are valid for 30 days from the date the estimate is first issued to you.
- Non-Warranty Repairs (MVP Option): If the required repair is not covered under the applicable Product’s limited warranty (if any) and you have selected the MVP Option, you will be provided with a "not to exceed" price quote (excluding taxes and shipping) before submitting your repair order. By selecting the MVP Option, you authorize Bosch to proceed with the repair up to the "not to exceed" price. The final cost of the repair will be the actual cost of the repair or the "not to exceed" price, whichever is less. No further authorization will be required from you.
- Standard Option - Acceptance/Decline of Estimate: If you accept the repair per the estimate under the Standard Option, the applicable Product will be repaired using Bosch parts. If you decline the repair per the estimate, Bosch will ask you whether you want Bosch to (i) return the disassembled Product to you at your cost or (ii) dispose of, recycle or recondition the Product in its sole and absolute discretion.
- Standard Option - Non-Response to Estimate: If we do not receive a response after issuing an estimate under the Standard Option, you will be notified by phone or email with one or more reminders. If you do not accept or decline within 31 days after the date the estimate was issued, the estimate will be deemed “Declined”. If you choose not to have the disassembled Product returned to you, or you do not affirmatively respond to Bosch’s inquiry as to whether you wish for Bosch to return your disassembled Product to you within 30 days of Bosch sending you such inquiry, such Product shall become Bosch’s property, in which case Bosch will dispose of, recycle or recondition the Product in its sole and absolute discretion.
- Abandoned Products: Any Product left in Bosch’s possession 60 days or more after Bosch sends you the initial notification of completed repair shall become Bosch’s property, in which case Bosch will dispose of, recycle or recondition the Product in its sole and absolute discretion.
- Non-Warranty Repair Warranty: The warranty for a non-warranty repair (for both Standard Option and MVP Option) is 90 days on the parts that were replaced and the labor involved in the repair ONLY.
- Bosch Parts Policy: All repairs are executed to Bosch standards. This means if a Product to be repaired was brought in with a non-Bosch part, it will be removed and replaced with a Bosch part. In accordance with Bosch policy, any parts removed from a Product will be properly packaged and left with the Product upon pick-up/delivery.
- Payment: We do not accept payment for repairs until the Product repair is completed. For customers who dropped off their Product, payment authorization is required upon pick-up.
Disclosure of Information.
Submissions. You may voluntarily choose to, or Bosch may invite you to submit feedback, information, data, text, software, messages, or other materials, including but not limited to reviews of Bosch products and services (each, a “Submission”). You agree that you are solely responsible for all of your Submissions and that any such Submissions are considered both non-confidential and non-proprietary. Further, we do not guarantee that you will be able to edit or delete any Submission you have submitted. Any submissions by you through this Website of your personal information will be governed by our Privacy Policy. Please do not submit any other confidential or proprietary information unless you have a written agreement with Bosch related to the sharing and protection of such information. Any information that Bosch receives through this Website, other than your personal information, will be deemed to be non-confidential. By transmitting information to Bosch through this Website or through other electronic means, without a written agreement with Bosch relating to such information, you understand and agree that Bosch may use such information for any legal purpose whatsoever, without obligation to you.
By submitting any Submission, you represent and warrant that:
- You own all rights in your Submissions (including, without limitation, all rights to the reproduction and display of your Submissions) or, alternatively, you have acquired all necessary rights in your Submissions to enable you to grant to us the rights in your Submissions as described in these Terms;
- You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your Submissions;
- Your Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
- You voluntarily agree to waive all “moral rights”, “author’s rights” or similar rights in any jurisdiction that you may have in your Submission;
- Any information contained in your Submission is not known by you to be false, inaccurate, or misleading;
- Your Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
- Your Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;
- You were not and will not be compensated or granted any consideration by any third party for submitting your Submission;
- Your Submission does not incorporate materials from a third-party website, or addresses, e-mail addresses, contact information, or phone numbers (other than your own);
- Your Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
- Your Submission does not contain any information that is confidential, proprietary, or personal to you or to any other person; and
- Your Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
By submitting a Submission, you grant to Bosch and its affiliates an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:
- Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
- Use (and permit others to use) your Submission in any manner and for any purpose (including, without limitation, commercial purposes) that we deem appropriate in our sole discretion (including, without limitation, to incorporate your Submission or any modification thereto, in whole or in part, into any technology, product, or service);
- Display advertisements in connection with your Submissions and to use your Submissions for advertising and promotional purposes.
We may, but are not obligated to, pre-screen Submissions or monitor any area of the Website through which Submissions may be submitted. We are not required to host, display, or distribute any Submissions on or through the Website and may remove at any time or refuse any Submissions for any reason. We are not responsible for any loss, theft, or damage of any kind to any Submissions. Further, you agree that we may freely disclose your Submission to any third party without restriction on use or disclosure.
Text Messaging
Text Messages. Message and Data Rates may apply. By texting 1-877-BOSCH-99 (1-877-267-2499), you are opting in to receive customer support from Bosch and its affiliates and subsidiaries at the mobile number you provided or used. You agree to receive an automated two question customer satisfaction survey after the text support engagement ends. You also agree to receive a confirmation opt-out text from Bosch if you subsequently text "STOP" to 1-877-BOSCH-99 (1-877-267-2499). Finally, you also affirm you are 18 years of age or older, authorized to receive text messages to the mobile number you provided and responsible for any message or data rates that may be incurred.
You can opt out of texts at any time by replying "STOP" to any texts you receive, or text "STOP" to 1-877-BOSCH-99 (1-877-267-2499).
Before changing your mobile phone number, you agree that you will opt out of Bosch Texts. To opt back in with your new mobile number, text customer service at 1-877-BOSCH-99 (1-877-267-2499).
For help related to texts, please call 1-877-BOSCH-99 (1-877-267-2499)
Please consult your service agreement with your wireless carrier to determine your phone's pricing plan. This program may not be available on all mobile operators. Bosch may add or remove participating mobile operators without notice. If your mobile operator is not participating, you will not receive a reply to your messages. Some operators may not support some services at the prices offered. Pre-paid users may not be able to participate. Check with your mobile operator. For customer service related to text messages or any other communication you receive from Bosch, please call toll free to 1-877-BOSCH-99 (1-877-267-2499), or for additional information, visit Bosch's Privacy Policy.
Limitations on Quantity
Bosch does not offer additional discounts on large repair orders or on large orders of many separate repairs. In addition, we reserve the right to limit quantities on repair orders placed by the same person or entity, on repair orders placed by the same method of payment, and on repair orders that use the same billing or shipping address.
Shipping
Products from repair orders will be shipped to the address designated by you, as long as such shipping address is compliant with the shipping restrictions contained on the Website. All repair orders through the Website are made pursuant to a shipment contract. The risk of loss and title for such titles pass to you upon Bosch’s delivery of the products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. Shipping charges may exceed actual shipping costs.
International Shipping
The Website is solely for the repair of our Products in the fifty United States and the District of Columbia (the “Territory”). Unfortunately, we do not deliver to addresses outside the Territory. The availability of services, the delivery times and charges may vary depending upon the destination. If you are located in a jurisdiction outside of the Territory and wish to repair a Product, please contact your local Bosch dealer for more information.
Ownership and Intellectual Property
Bosch Property. You acknowledge that all intellectual property rights, including without limitation copyrights, patents, and trademarks, in the Website, including Materials, and the Services are owned by Bosch or its affiliates or our licensors. Your possession, access, and use of the Website and the Services does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. Bosch and its affiliates and licensors reserve all rights not granted in these Terms. You may not use the content of the Website and/or the Services in any other public or commercial way, nor may you copy or incorporate any of the content of the Website, including Materials, into any other work, unless written authorization is provided to you by Bosch.
Trademarks. Unless otherwise specified, all trademarks on the Website, as well as all other Bosch websites, are protected under trademark law. This applies to all Bosch trademarks, service marks, typefaces, company designs, logos, slogans, trade dress and emblems (collectively, “Marks”). You agree not to copy, use or otherwise infringe upon these Marks and design elements. Bosch websites may also contain other product, service and/or company names which may be the trademarks of their respective owners.
You may not reproduce, sell, publish, distribute, modify, display, or make any part of this Website or the Marks available to any third party, including as part of another website whether by hyperlink framing on the internet or otherwise without the express written consent of Bosch. Bosch will not be held liable in any way to you or to any third party or to any other person who may receive content from the Website for any delays, inaccuracies, errors or omissions in such content or in the transmission or failure to transmit all or any part thereof or for any damages arising from any of the foregoing.
This Website and its content may not be used to construct a database of any kind nor may the same be stored (in whole or part) in databases for access by you or any third party, or to distribute any database containing all or a part of this Website or the content.
Other intellectual property rights. Please note that any content, product or processor technology described in the materials on this Website may be the subject of other intellectual property rights reserved by Bosch and are not licensed hereunder. Trademarks of third parties are identified wherever possible and Bosch acknowledges their rights.
Indemnification.
You agree to defend, indemnify and hold Bosch and its licensors and suppliers harmless from any damages, liabilities, claims or demands (including costs and attorneys’ fees) made by any third party due to or arising out of (i) your use of the Website, (ii) your violation of these Terms, and (iii) your violation of any law or the rights of any third party. Bosch reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Bosch and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without Bosch’s prior written consent. Bosch will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Warranty Disclaimers and Limitation of Liability.
- Disclaimers of Warranties.
BOSCH WEBSITE, INCLUDING ALL MATERIALS AND SERVICES, ARE PROVIDED “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” AND BOSCH EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY AND ALL WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SATISFACTORY QUALITY, QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT OR OTHER WARRANTY ARISING OUT OF THE COURSE OF ORDINARY PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE REGARDING OR RELATING TO MATTERS COVERED UNDER THIS CONTRACT, INCLUDING WITH RESPECT TO BOSCH WEBSITE.
- Limitations on Liability.
IN NO EVENT WILL BOSCH BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL LOSSES, OR ANY LOSSES IN CONNECTION WITH (i) LOST CONTENT (INCLUDING DUE TO UNAUTHORIZED DISCLOSURE, ACCESS TO, OR PROCESSING OF, PERSONAL DATA); (ii) LOST PROFITS, LOSS OF GOODWILL OR LOSS OF BUSINESS; (iii) LACK OF SECURITY, INVASION OR LACK OF PRIVACY, VIOLATION OF THE RIGHT OF PUBLICITY, DEFAMATION; (iv) any personal or BODILY injury, death, property damage; (v) ANY interruption, DELAY, FAILURE, DISRUPTION, downtime, LIMITED ACCESS TO, UNAVAILABILITY, UNRELIABILITY OR NON-PERFORMANCE OF BOSCH WEBSITE; OR (vi) ANY third party PRODUCTS AND SERVICES.
BOSCH’S MAXIMUM AGGREGATE LIABILITY IN CONNECTION WITH THESE TERMS, THE BOSCH WEBSITE, MATERIALS AND SERVICES, REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO US $1000.00.
Copyright Claims and Designated Agent.
It is the policy of Bosch to respond to claims of intellectual property infringement. Bosch will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512c2 DMCA and other applicable intellectual property laws.
Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider‘s Designated Agent. Notification must be submitted to the following Designated Agent for the Website:
Digital Marketing Manager
Robert Bosch Tool Corporation
1800 West Central Road
Mount Prospect, IL 60056
Phone: (224) 232-2000
Email: BoschTools.Marketing@us.bosch.com
To be effective, the notification must be written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
- A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Counter-Notice. If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the Designated Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of any federal court in Michigan, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Bosch may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or you, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Bosch's sole discretion.
Governing Law and Exclusive Venue.
These Terms and all disputes between you and Bosch arising out of or relating to the Website or the Services shall be governed by and construed in accordance with the laws of the State of Michigan, except for its choice of law rules; the United Nations Convention on the International Sale of Goods shall not apply. You and Robert Bosch Tool Corporation agree to the exclusive jurisdiction of the state or federal courts of Michigan, with venue in the County of Oakland for state court and the Eastern District of Michigan for federal court, for resolving any and all disputes arising out of or relating to these Terms or any aspect of the relationship between the Parties.
No Assignment.
These Terms, and all rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent, but may be assigned by Bosch without restriction. Any attempted assignment by you will be null and void.
Force Majeure.
Any delay in the availability of the Website or non-performance of the Website shall not be deemed a breach of these Terms if such delay or non-performance is caused by a fire, earthquake, flood, war, terrorist act, government act, failure of common carriers (including Internet service providers, labor strike or walk-out, act of God, or any other event beyond the reasonable control of Bosch or its service providers.
Notices.
You agree that we may provide notices to you of changes to these Terms and/or our Privacy Policy, in one or more of the following ways: (a) a pop-up notice, web banner, push notification or other notification on or through the Website; or (b) an email or regular mail sent to an address you provide.
Contact Us
If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at 1-877-267-2499 or email us at Boschtools.marketing@us.bosch.com
© Copyright 2018 Robert Bosch Tool Corporation. All Rights Reserved.