T&C’s of Sale and Service
In these Terms & Conditions of Sale ‘Seller means ‘Sudbury Iphone Repairs Ltd’ ‘Customer’ means the person or firm or company purchasing the ‘goods’ from ‘seller’. ‘Goods / products’ mean the products which are the subject of contract to which these Terms & Conditions apply. ‘Order’ means an order placed by the customer for the supply of goods. The website currency is Pound Sterling.
5 Market Place
Tel: 07766 022 776
1 Acceptance Of Goods
All orders placed by the customer and accepted by Seller are subject to these terms and conditions of sale which are complete and exhaustive and override any other terms and conditions and provisions referring or purporting to refer to the goods. All other forms and warranties, guarantees and representations (express or implied, statutory or otherwise) are hereby expressly excluded. These terms and conditions are not capable of being varied, supplemented, qualified or interpreted by reference to any prior course of dealings between the parties. The goods which form the subject matter of each contract shall be those specified in the order and acknowledged as an order, but in the event of any inconsistency between these documents and the invoice of Seller relating to the order in question the invoice shall be conclusive as to what goods and in what quantities such goods were contracted.
2 The Price
2.1 Catalogues, price lists, web site/s and other advertising literature or material as used by the seller are intended only as an indication as to price and range of goods offered and no prices, descriptions or other particulars contained therein shall be binding on Seller.
2.2 Seller reserves the right to revise prices without prior notice and orders are accepted by Seller on the condition that the price payable shall be that ruling at the date of order of goods, unless otherwise agreed in writing.
2.3 Walk in Service prices are only applicable for customers bringing items to Sellers base of operation.
3.1 Customer must pay for the goods either in advance or immediately upon completion of works/service. Payment is deemed to have been effected by the tendering of cash, the clearing of funds, the authorisation of a credit card payment, by the credit card provider.
3.2 Goods cannot be delivered to the Buyer or collected by the Buyer until the Seller has received payment for the goods.
3.3 When all prices, taxes and charges due in respect of the goods and any products supplied previously to the customer have been paid in full, title to products only shall pass to the customer. If payment is not received in full, the customer shall pay interest on the unpaid amount at a rate per annum of 5% above the base lending rate of National Westminster Bank, compounded with three monthly rests. This entitlement to interest will not preclude Seller from pursuing all available remedies for breach of contract. This time for performance of the customer’s obligation (whether as to payment or otherwise) shall be of the essence so that failure to perform shall entitle Seller at its option to treat the contract as repudiated by the customer or to delay delivery until Seller is satisfied that the failure has been corrected. The customer shall make all payments hereunder free and clear of and without deduction for any set off or counterclaim or, as required by law, any tax or other matter.
3.4 Seller reserves the right to cease supplies of goods to the customer at any time. On such occasions Seller reserves the right to withdraw any credit facility (which may be in force) such that the whole of the customer’s account becomes due for payment forthwith.
4 Specification of Products
4.1 Seller will not be liable in respect of any loss or damage caused by or resulting from any variation for whatever reason in the manufacturer’s specification or technical data and will not be responsible for any loss or damage resulting from curtailment or cessation of supply following such variation.
4.2 Seller will use its reasonable endeavours to advise the customer of any such impending variation as soon as it receives any notice thereof from the manufacturer.
4.3 Unless otherwise agreed, the goods are supplied in accordance with the manufacturers standard specifications as these may be improved, substituted or modified.
4.4 Seller reserves the right to increase its quoted or listed price, or to charge accordingly in respect of any orders accepted for goods of non-standard specifications and in no circumstances will it consider cancellation of such orders or the return of the goods.
5 Property And Risk
5.1 Customers using the mail in service are urged to use Royal Mail Special Delivery to send repairs to Sellers premises. This method provides tracking /signature/insured service.
5.2 Customers must ensure items are securely packaged. No Liability will be accepted by Seller for any claims resulting from poor packaging or damage in transit.
5.3 Seller will not be under any liability for, any loss of data or software issues with your iPhone or similar product. We recommend you back up your hardware before a repair is made.
5.4 The goods shall be at the customers risk from the time of delivery by Royal Mail, or where used ‘courier’ services. Without prejudice to any of the above and not withstanding that the customer obtains possession of the goods, the property in the goods will remain with Seller until Seller has received payment of the full purchase price and any interest for delayed payment. Until payment in full has been made the customer shall hold the goods as bailee in a judiciary capacity for Seller and it shall be the responsibility of the customer to keep the goods in good repair and condition at his own expense. The goods shall be held separate from any other assets and clearly marked as Seller’s property. Seller (or its agent) shall be entitled to enter the customer’s premises without notice for the purpose of collecting and to collect the goods or any of them.
6.1 Time of delivery or service shall not be the essence, whilst every effort will be made to adhere to the agreed delivery/service dates/times. Such dates/times are estimated only and Seller shall not be liable for any losses, costs, damages or expenses suffered by the customer or any other person or company howsoever arising, whether directly or indirectly, out of any failure to meet any estimated delivery/service date/time.
7 Shortages And Damage
7.1 The customer shall inspect the goods immediately either on completion of works or upon delivery and shall within 3 calendar days give notice in writing to Seller if he alleges that the goods are not in accordance with the contract. Any claim outside of the 3 days will not be accepted. Any goods in respect of which a claim is made shall be preserved by the customer intact as delivered and at his risk for a period of days within which time Seller or its agent shall have the right to inspect the goods. All original packings should be retained until inspected by Seller or its agent.
7.2 Any request to return goods must be made to Seller who will issue a returns authorisation. No goods will be accepted without the correct returns authorisation being issued. All items to be returned must be packed securely in robust packaging. Any breach of these conditions shall debar the customer from pursuing any claim.
8 No Waiver
8.1 Seller’s failure to insist upon strict performance of any provision of these terms and conditions shall not be deemed to be a waiver of its rights or remedies or any waiver by it of any subsequent default of the customer in the performance of the compliance with any of the terms and conditions.
9 Relationship Of The Parties
9.1 Both Seller and the customer are independent contractors under these terms and conditions and the parties acknowledge that neither of them is an agent or partner of the other for any purpose and that each of them is entirely without authority to act on behalf of the other in any manner. Seller shall not be responsible to third parties for any claim arising out of the activities of the customer and the customer shall indemnify Seller for any amount which Seller may be required to pay as a result of any claim.
10 Force Majeure
10.1 Seller will not be under any liability whatsoever for non performance in whole or part of its obligations under the contract of sale/service as a result of any strike, lockout, fire, flood, inability to obtain material, breakdown, delay of supplier or carrier, governmental act and regulation or any other cause beyond its control. Seller also reserves the right to supply alternative goods if the goods ordered cannot be reasonably obtained.
11.1 In the event of cancellation of the order by the customer, the customer will be subject to a cancellation fee equivalent to 35% of the value of the goods.
12 Warranties & Guarantees.
12.1 There shall be a 24 months guarantee on the goods as supplied by the Seller to the Buyer.
12.2 Warranty does not cover further accidental damage to your product.
12.3 Warranty repairs are to be carried out at Sellers base.
12.4 Any request to return goods must be made to Seller who will issue a returns authorisation. No goods will be accepted without the correct returns authorisation being issued. All items to be returned must be packed securely in robust packaging. Any breach of these conditions shall debar the customer from pursuing any claim.
13.1 The guarantee is limited to the rectification of hardware defects or faults by the Seller only and during the guarantee period covering goods supplied by the Seller.
13.2 The Seller will reimburse costs for Royal Mail Special Recorded delivery service, during the first three months of warranty. The Buyer will pay for all postage/delivery costs after the first three months of warranty, for delivery to and collection from the Sellers designated service premises. The Buyer will pay for all carriage costs outside mainland United Kingdom, at all times.
13.3 The warranty is limited to the remedy of diagnosed hardware faults, by the Seller.
13.4 The Seller shall not be liable for the costs of carriage where the failure of the goods arises from the Buyers misuse, exclusions under the guarantee or there is no remedy required under the terms of the contract.
14 Distance Selling Regulations
14.1 Apply only to Consumer Buyers who have purchased goods by using distance communication (i.e. telephone, order form or online.) They do not apply to Business Buyers, Business Names or Consumers purchasing from our Office base. The Regulations do not apply to goods, which are built to the Buyers Specification where the finished product is a non standard item.
15 Governing Law
These terms and conditions shall be governed and construed in accordance with English Law. 01/06/2011