TERMS
AND CONDITIONS
1. Interpretation
In
these Terms and Conditions, the following words and phrases shall
have the following meanings:
"The
Client"
means the person, firm or company who purchases goods, service,
repair or parts thereof from the company.
"The Company" means Camera Repair Direct
"Contract"
means the contract between the company and the client, which shall be
deemed to incorporate these terms:
"Goods"
means any goods, service or repair agreed in the contract to be
supplied, by the company to the client.
In
these terms, reference to any statute or statutory provision shall
be construed as a reference to such statute or statutory provision as
amended, modified, re-enacted or replaced from time-to-time.
2.
The contract
The contract shall be on these terms to
the exclusion of all other terms and conditions, including any such
terms and conditions that are purported to be included or applied by
the buyer.
No
terms and conditions contained in the confirmation of order,
purchase order or other document of the buyer will form part of the Contract.
3.
Quality of service/repair
All repairs and service carried out by the
company will be carried out to original specification, allowing for
substitution of parts in accordance with manufactures updates and
availability. It is at all times the sole decision of the company to
decide the method of repair and parts required unless otherwise
agreed in writing.
4.
Film, tape and other media
Whilst every method will be made to
preserve any images, still or video, Camera Repair Direct are not
responsible for any media or its integrity and cannot be responsible
for any media, film tape or other media left within the equipment
placed with us for repair. Due to the complexity of the equipments
mechanisms safe removal of these items cannot be guaranteed.
5.
Delays, delivery and collection
Subject
to the other provisions of these terms, the company shall not be
liable for any loss, whether direct or consequential, economic or
loss of profits or otherwise, arising directly or indirectly out of
any delay in the delivery of the goods nor will any delay entitle the
client to terminate or rescind the contract unless the delay exceeds
90 days. Completed goods will be notified to the client when ready
for collection or delivery. Collection or delivery arrangements
should be finalised within 10 working days of notification.
6.
Risk in and ownership of the goods
Risk in the goods shall pass to the client on delivery
Ownership
in the goods shall not pass to the client until the company has
received in full in cleared funds all sums due to the company in
respect of the goods and all other sums which are or may become due
to the company from the client on any account.
7. Price
The price for the goods shall, unless
otherwise agreed, be the price set out on the date of order in the
company's price list or advised by estimate. The client shall pay
such deposit, as the company shall direct. Credit facilities and
terms of credit shall be as laid out and agreed in writing only.
8. Payment
Subject to paragraph 5, payment of the price of the goods shall be
due on completion. If credit facilities have been approved then
payment will fall due strictly 30 days from the date of the company's
invoice for the goods.
Payment
shall not be deemed to have taken place until the receipt by the
company of cleared funds.
Late
payments will accrue interest daily at 8% above Bank of England base
lending rates. Administration charges and any expenses relating to
recovery of late payment will be the responsibility of the client.
Compensation payment will also be due as set out in The Late
Payment of Commercial Debts (Interest) Act 1998 amended 2000
The
company reserves the right to dispose of or sell any goods not
collected or paid for by the client within 90 days without further
consultation. Any shortfall of monies owed will remain due for
payment by the client. After deduction of any fees, legal
disbursements and addition of interest any balance will be offered
for collection by the client at their own expense to the last known address.
9. Guarantee
The Company warrants that the goods are of
satisfactory quality and that where a repair has been carried out;
all parts and labour effected by that repair are guaranteed for 6
months from completion. The guarantee covers defects in parts or
workmanship and is limited to the repair area only. This guarantee
does not cover accident damage, misuse, tampering, further
modification or repair. In the case of camcorders the limitations of
the guarantee excludes damage caused by further use of old or damaged tapes.
The
company shall not be liable for any fault arising from misuse, abuse
or failure to maintain the equipment as per manufacturer’s recommendations.
The
company's liability under the guarantee shall be limited to
repairing or replacing the parts in question or refunding the price
of such goods. The Company shall under no circumstances be liable to
the client for any consequential, indirect or economic loss or damages.
10.
Deposits & Estimates
From
11.
Force Majeure
If either party is subject to an event of Force Majeure, that is
circumstances outside its reasonable control, including but not
limited to war, fire, industrial disputes or civil commotion, it
shall notify the other and the first party's obligations under these
terms shall be suspended until it notifies the other party of the end
of such event of Force Majeure. Payment of all goods and any storage
charges arising will remain payable under standard terms of contract.
12. General
If any part of these terms is found to be void or unenforceable by
any Court of competent jurisdiction, such part shall be severed from
these terms, which will otherwise remain in full force and effect.
These Terms shall be governed by and interpreted according to English
Law and the parties submit to the exclusive jurisdiction of the
English Courts.
13.
Acceptance of terms and conditions