This sets out the
Terms and Conditions which apply all Repair, Refurbishment and Services provided
by SMR.
General
A contract with the
Terms and Conditions set out below comes into being when an order is placed with
us and when we accept that order (whether by starting work or otherwise). These
Terms and Conditions shall override any Terms and Conditions which you may
propose, unless agreed in writing by our duly authorized signatory before items
are received for performance of the services requested.
Pricing
Pricing shall be as
shown in our current price list or as otherwise agreed between us and you before
work commences. If the price of the work may exceed that shown in the price
list then we will contact you for authority to proceed at the higher price level
and your verbal acceptance shall be sufficient to form a contract at the higher
price.
Fixed price repairs
are not available for items which have been damaged by previous attempts at
repair or have missing parts or have suffered damage in transit.
The prices shown in
our current price list exclude replacement of sub-assemblies and major
components which will be charged additionally (details available on request).
The cost of packaging,
delivery, insurance and VAT is not included in the repair price and will be
added to quoted prices. We will endeavour to aggregate items together for
return, thereby minimizing carriage charges.
Items which have not
been repaired or which have been repaired under warranty (see clause 4 below)
will be returned to you free of all parts and labour charges.
Payment Terms
Non-credit account
customers may pay on collection by cash, personal cheques supported by a
banker’s card or company cheque up to the value of £100, bankers draft, credit
transfer or telegraphic transfer.
Credit account
customers may pay by any of the above methods, including cheques to the full
invoiced amount. Credit payment terms are strictly 30 days net without any
set-off from date of invoice unless we agree otherwise in writing.
You shall notify us of
any invoice or delivery note discrepancy within 2 days of receipt to enable
corrective action to be taken as soon as practicable.
If payment is not made
within the agreed period then we may retain items subsequently received from you
for repair until such time as the account has been settled. If the account has
not been settled within 60 days then we reserve the right without further
reference to you to sell any items retained under this paragraph in full or part
(as the case may be) payment of all sums owing to us and if any balance remains
following any such sale then we will pay this to you.
Warranty
If any item which has
been repaired or refurbished by us fails within 180 days of dispatch from our
premises (or such other period as we may specify in writing prior to undertaking
the required work) due to faulty workmanship by us or faulty materials provided
by us (but not for any other reason) then we will rectify any such defect at our
premises. At our discretion, we may in the alternative refund to you the sums
paid by you to us for the original defective repair work.
A charge will be made
at our standard rates (details available on request) for labour and additional
parts subsequently found to be faulty in addition to the parts which we
originally repaired during warranty investigations.
If the item has been
tampered with before return to us, subjected to misuse, returned for no apparent
reason or returned for any reason outside the terms of the original order then
the warranty described above shall be void and we shall be entitled to charge
our standard repair prices.
Any claim under the
warranty for damage in transit must be made verbally within 24 hours of receipt
of the item by you, followed by a written communication within 48 hours,
otherwise any such claims shall be invalid.
Repair Process
Items submitted for
tests and repairs shall be processed in accordance with our defined repair
procedures.
Cased units such as
keyboards, monitors, terminals, printers, etc, will be cleaned as far as is
reasonably practicable as part of the repair process.
Repaired units shall
be submitted to a final acceptance test in accordance with our standard
procedures before dispatch. Where possible this shall include testing in
accordance with the manufacturers original specifications. Details of final
acceptance tests are available on request.
Wherever possible we
will replace components on a like for like basis. Where an exact replacement
is not practical, because of the cost or lead times, SMR Computer Services reserves
the right to use a commercially available alternative.
Repair Cycle Time
Unless we agree
otherwise with you in writing before your order is placed, we shall use all
reasonable endeavours to comply with the repair cycle time which is 5 (five)
working days (time not being of the essence), subject to spares being
available. Repair cycle time is the period from the first working day on which
the item is received at our premises until the date of dispatch to you.
Items received without
an order shall be "quarantined" until details of the order are received from
you. Similarly, if you have an outstanding account with us then we may deal
with the items in accordance with paragraph 3.
If an item has to be
held waiting parts or for any other reason then you will be notified as soon as
reasonably practicable and no liabilities shell fall upon us for the delays.
If the item you wish
to have repaired or refurbished is not covered in our current repair portfolio
we will contact you to agree the repair cycle time and price which will apply to
that item.
Return of
Non-conforming Items
Where it is not
possible to return an item in the condition which conforms to your order, your
instructions will be requested. Where the un-repaired item is to be returned
to you it shall be identified by sealing with "reject" tape and shall carry a
label stating the reasons for rejection. Clause 2 will apply to any such
items. Where the item is not to be returned it will be disposed of by us at no
cost to you.
Force Majeure
We shall have no
liability to you for any delays in performance or any non-performance of our
obligations as a result of causes beyond our control (which for the avoidance of
doubt shall include, but not be limited to, acts of God, strikes, lock-outs,
non-availability or the extended lead time of parts, etc).
Limit of Liability
Our liability to you
shall be limited to the repair price quoted for each item and in no
circumstances shall we be liable to you for loss of data or for loss of
profit. No liability or responsibility whatsoever is accepted by us for any
third party claims against you in relation to any items on which we have carried
out any work.
Miscellaneous
These Terms and
Conditions constitute a complete statement of all Terms and Conditions which
shall apply to services provided by us and replace all previous written or oral
terms and conditions. These Terms and Conditions may be amended by us from
time to time by sending amended Terms and Conditions to you which shall apply to
all orders placed after you are deemed to have received the amended Terms and
Conditions (which for these purposes shall be deemed to be two days after the
date that they are posted to you). No other amendments or variations shall be
valid unless signed by our authorized signatory. Failure by either us or you
to exercise any rights under these Terms and Conditions shall not constitute a
waiver or forfeiture of such rights.
Law
The construction
validity and performance of these Terms and Conditions and any contract
incorporating these Terms and Conditions shall be governed by the Laws of
England and the English Courts shall have exclusive jurisdiction.
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