T & C
Appliancerepairman.co.uk & Richard Saupe
Appliance Repair Specialists
TERMS AND CONDITIONS FOR THE SUPPLY OF SERVICES From COLCHESTER Appliance Repairs
We are: Appliance Repairman Ltd of, 18 St Andrews Ave, Colchester, Essex,CO4 3AP.
These terms and conditions (Conditions) set out the terms under which we provide specialist
Appliance Repair Services, including (but not limited to), Installation of Domestic Appliances
(Services) Repair of faulty kitchen appliances, including Cookers Ovens, Washing machines, Dishwashers and tumble Dryers. We repair all Brands but specialise in Bosch, Neff, Siemens, but can fix/repair problems with Hotpoint, Creda, Indesit, belling,candy, Cannon, Whirlpool, Smeg, Range, Rangemaster, zanussi, tricity, AEG, Electrolux...
1. APPLICATION OF CONDITIONS
1.1 These Conditions shall apply and shall be incorporated into any contract between us
where we have accepted your order, or you have accepted our quotation, for our
Services (Contract).
1.2 These Conditions will prevail over any inconsistent terms or conditions contained or
referred to in your purchase order, confirmation of order, acceptance of quote or in
any other document. Your standard terms and conditions shall not govern the
Contract.
1.3 If you place an order with us or accept a quotation for Services by us, this constitutes an offer by you to purchase the Services subject to these Conditions.
1.4 No offer placed by you shall be accepted by us unless we issue you with written order
Confirmation (which we may send to you by email) setting out the details of the
Contract, at which time the Contract between us shall be made.
1.5 Any quotation given by us is valid for a period of 30 days from its date, unless we
Have previously withdrawn it.
2. OUR OBLIGATIONS
2.1 We shall use reasonable efforts to provide the Services within any agreed timescales,
But any such dates shall be estimates only and time shall not be of the essence.
3. YOUR OBLIGATIONS
3.1 You shall:
(a) Co-operate with us in all matters relating to the Services; and
(b) Provide us in a timely manner with all documents, designs and other images,
Data, specifications and other materials as we reasonably require allowing us
To perform the Services (Your Materials). 3.2 Where the Services include the application of graphics or wrapping to a vehicle, you
Agree to:
(a) Ensure that the vehicle is supplied to us in such newly-washed and clean
State as we shall specify so as to ensure that we can provide the Services to a
Satisfactory standard. In the event that additional cleaning is reasonably
Required in preparation for such Services we reserve the right to levy an
additional charge for such cleaning, unless the Contract already makes a
specific allowance for such vehicle preparation;
(b) satisfy yourself (perhaps by seeking the independent advice of a third party
bodywork expert, vehicle manufacturer or garage) that the surface of your
vehicle is sound and suitable for the application and/or removal of graphics
or vehicle wrapping.
3.3 You shall be responsible for the accuracy and completeness of Your Materials
provided to us in accordance with the provisions of condition 3.1. Where Your
Materials include the supply of any artwork to us you will ensure that is in such form,
format or quality as we may specify in order for us to full fill our obligations under
these conditions or any Contract.
3.4 If our performance of our obligations under any Contract is prevented or delayed by
any act or omission by you, your agents, sub-contractors or employees we will not be
liable for any costs, charges or losses suffered or incurred by you as a result.
3.5 You shall be liable to pay us, on demand, all reasonable costs, charges or losses
suffered or incurred by us (including any direct, indirect, or consequential losses, loss
of profit, loss or damage to property or persons) arising directly or indirectly from
your fraud, negligence, failure to perform or delay in performing any of your
obligations under the Contract, subject to us confirming such costs, charges and losses to you in writing.
3.6 The provisions of condition 3.5 will apply, for example, where you cancel, delay or
postpone any Contract and/or the delivery to us of any vehicle to allow us to provide
the Services on the scheduled date. In such circumstances, we reserve the right to
charge you the full amount otherwise due under the Contract in our sole discretion.
4. CHANGE CONTROL
4.1 If either party requests a change to the nature or scope of the Services under any
Contract, we shall within a reasonable time, provide you with a written estimate of
the likely time required to implement the change and any impact of the change on the
terms of the Contract, such as price changes.
4.2 If you wish us to proceed with the change, we have no obligation to do so until each
of us has agreed in writing on the necessary variations to the Contract to take account
of the change. Until such time as such written agreement has been obtained, the
Contract will continue in accordance with its original terms.
5. CHARGES AND PAYMENT
5.1 Condition 5.2 applies where we are providing the Services on a time and materials
basis. Condition 5.3 applies if we are providing the Services for a fixed price. The
remainder of condition 5 applies in either case.
5.2 Where we are providing the Services on a time and materials basis:
(a) our charges for the Services are based on our standard daily fee rates for an
eight hour day (worked between 8.00 am and 5.00 pm on weekdays,
excluding public holidays), as amended from time to time;
(b) we are entitled to charge an overtime rate of 150% of the normal daily fee
on a pro-rata basis for any individuals providing the Services outside the
hours referred to in (a) above;
(c) all charges quoted to you shall, unless otherwise stated, be exclusive of
VAT.
(d) we shall invoice you monthly in arrears for our charges for time, expenses
and materials for the month concerned, as provided in this condition 5.2.
5.3 Where the Services are provided for a fixed price, the total price for the Services shall
be the amount set out in our written acceptance of order under condition 1.4. Our
usual payment terms, as detailed in our order confirmation, will provide for the
payment of a deposit (non-refundable, except as provided in condition 9) prior to the
commencement of the Services and the balance due on completion of the Services. In
some circumstances, however, we may request payment in full in advance for theServices.
5.4 In exceptional circumstances we allow credit facilities to certain customers with
whom we have an established trading relationship. If we grant you such rights, which
will be confirmed in our order acceptance, you shall pay each invoice submitted to us
in full and cleared funds, without deduction or set-off, within 30 days of receipt.
5.5 Without prejudice to any other right or remedy we may have, if you fail to pay us on
the due date, we may:
(a) charge interest on such sum from the due date for payment at the annual rate
of 4% above the base lending rate from time to time of The Bank of
England, accruing on a daily basis and being compounded quarterly until
payment is made (whether before or after any judgment) and we may claim
interest under the Late Payments of Commercial Debits (Interest) Act 1998;
and/or(b) suspend all Services until payment has been made in full.
5.6 Time for payment shall be of the essence of the Contract.
5.7 All sums payable to us under the Contract shall become due immediately on its
termination, despite any other provision. This condition 5.8 is without prejudice to
any right to claim for interest under the law or any such right under the Contract.
5.8 Where you request us to collect or deliver a vehicle or other item and such transport
has not already been agreed in our order confirmation, we reserve the right to levy a
charge of £1.65 per mile from our premises to the collection and delivery
point.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 Our Intellectual Property Rights (as defined in condition 6.3) are a vital asset of our
business and we shall use such legal remedies as are available to us to protect us
against unauthorised use of those Intellectual Property Rights.
6.2 Save as provided in conditions 6.4 and 6.5, all Intellectual Property Rights and all
other rights in the products and materials delivered by us under the Contract
(Deliverables) and in any information and materials provided by us relating to the
Services which existed prior to the Contract (Pre-existing Materials) shall be owned
by us. Subject to condition 6.4 we license all of our rights in the Deliverables and the
Pre-existing Materials to you free of charge and on a non-exclusive worldwide basis
only to such extent as is necessary to enable you to make reasonable use of the
Deliverables and the Services once the Contract between us has been formed. Any
other use, whether by you or any third party, (including the use of any Pre-existing
Materials which have been provided to you in circumstances where we do not
subsequently enter into a Contract for the provision of Services to you) shall be subject to our prior written consent. If we terminate any Contract under condition
11.1, this licence will terminate.
6.3 Intellectual Property Rights
means all patents, rights to inventions, utility models,
copyright and related rights, trade marks, service marks, trade, business and domain
names, rights in trade dress or get-up, rights in goodwill or to sue for passing off,
unfair competition rights, rights in designs, rights in computer software, database
right, topography rights, moral rights, rights in confidential information (including
know-how and trade secrets) and any other intellectual property rights, in each case
whether registered or unregistered and including all applications for and renewals or
extensions of such rights, and all similar or equivalent rights or forms of protection in
any part of the world.
6.4 You shall indemnify us against all damages, losses and expenses we suffer or incur
arising as a result of any action or claim that Your Materials or your trade marks
infringe the Intellectual Property Rights or any other rights of a third party.
7. CONFIDENTIALITY AND NON-SOLICITATION
7.1 You shall keep in strict confidence all technical or commercial know-how,
specifications, inventions, processes or initiatives which are of a confidential nature
and have been disclosed to you by us, our employees, agents or sub-contractors and
any other confidential information concerning our business or our products which you
may obtain. You shall restrict disclosure of such confidential material to such of your
employees, agents or sub-contractors as need to know the same for the purpose of
discharging your obligations to us. You shall ensure that such employees, agents or
sub-contractors are subject to obligations of confidentiality corresponding to those
which bind you.
8. LIMITATION OF LIABILITY
8.1 This condition 8 sets our entire financial liability (including any liability for the acts
or omissions of our employees, agents and sub-contractors) to you in respect of:
(a) any breach of these conditions or any Contract;
(b) any use made by you of the Services or the Deliverables;
(c) any representation, statement, tortious act or omission (including
negligence) arising under or in connection with these conditions or any
Contract.
8.2 In requesting the Services from us, you acknowledge and agree that:
(a) the Services we provide are innovative in the sign writing industry and their
purpose is to provide a mobile advertising medium by way of an overall
design concept, rather than exact art reproductions;
(b) minor deviations and imperfections are sometimes unavoidable where the
surface for application is indented or otherwise not smooth or flat;
(c) the durability and lifespan of any vehicle wrapping or other surface
application provided as part of the Services will depend upon the level of
care taken by you of the vehicle or other item, as with any other surface
decoration or vehicle paintwork.
8.3 Save as provided in condition 8.2, all warranties, conditions and other terms implied
by statute or common law are, to the fullest extent permitted by law, excluded from
these conditions or any Contract.
8.4 Without prejudice to the generality of condition 8.4 we will not be liable to you for:
(a) any damage caused to signs or clothing by the application or removal of any graphics or
wrapping to or from any vehicle or other surface, unless caused by our
negligence, and any such application or removal shall be entirely at your
own risk and you are recommended to seek independent guidance in this
respect, as suggested in condition 3.2(b);
(b) any deviations from Pantone or other spot colour references specified by you for any designs which form part of the Services, since such colour
references are for guidance purposes and cannot always be matched exactly.
If precise colour matches are important to you it is recommended that you
ask for sample colours to sign off prior to commencement of the final
Services;
(c) any application by you to any surface of any products sold by us on a supply
basis only and any such application shall be entirely at your own risk; or
(d) any valuables left in vehicles or other items delivered to us for the provision
of the Services;
8.6 Nothing in these conditions limits or excludes our liability:
(a) for death or personal injury resulting from our negligence; or
(b) for any damage or liability incurred by you as a result of fraud or fraudulent
misrepresentation by us.
8.7 Subject to conditions 8.2, 8.3, 8.4, 8.6 and 8.6:
(a) we shall not be liable, whether in tort (including for negligence or breach of
statutory duty), contract, misrepresentation or otherwise for loss of profits;
loss of business; depletion of goodwill and/or similar losses; loss ofanticipated savings; loss of goods; loss of contract; loss of use; loss of or
corruption of data or information; or any special, indirect, consequential or
pure economic loss, costs, damages, charges or expenses.
(b) our total liability in contract, tort (including negligence or breach of
statutory duty), misrepresentation, restitution or otherwise arising in
connection with the performance or contemplated performance of these
conditions or any Contract shall be limited to the price paid for the Services.
8.9 We will not be held responsible for any damage, injury or death caused by signs falling after a member of staff has left the premises.
9. CANCELLATION OF A CONTRACT
9.1 Subject to conditions 9.2 and 9.3, if you are a consumer (someone not buying in the
course of a business), you may cancel a Contract for any reason at any time within
seven working days, beginning on the day after the Contract between us is made in
accordance with the provisions of condition 1.4. In this case, you will receive a full
refund of any price already paid for the Services in accordance with our refunds
policy (set out in condition 9.4 below).
9.2 To cancel a Contract, you must inform us in writing.
9.3 You will not have any right to cancel a Contract for the supply of any Services:
(a) which have been customised or tailored to your specific requirements;
(b) where it has been agreed between us in the Contract that the Services will
commence within seven working days of the date on which the Contract is
made; or
(c) where you are a business customer.
9.4 Where a right of cancellation applies, we will usually refund any money received
from you using the same method originally used by you to pay for your purchase.
We will process the refund as soon as possible and, in any case, within 30 days of the
day we received your cancellation.
9.5 Any right of cancellation not provided for in conditions 9.1 to 9.4 above shall be in
our sole discretion and we reserve the right to charge you for any costs or losses
(including for loss of profits) suffered or incurred by us as a result of your
unauthorised cancellation of any Contract.
9.6 The provisions of this condition 9 do not affect your statutory rights if you are a consumer.
10. DATA PROTECTION
You acknowledge and agree that details of your name, address and payment record
may be submitted to a credit reference agency, and personal data will be processed by
and on our behalf in connection with the Services.
11. TERMINATION
11.1 Without prejudice to any other rights or remedies which we may have, we may
terminate any Contract without liability to you immediately on giving notice to you if:
(a) an order is made or a resolution is passed for your winding up, or
circumstances arise which entitle a court of competent jurisdiction to make
a winding-up order; or
(b) an order is made for the appointment of an administrator to manage your
affairs, business and property, or documents are filed with a court of
competent jurisdiction for the appointment of an administrator, or notice of
intention to appoint an administrator is given by you or your directors or by
a qualifying floating charge holder (as defined in paragraph 14 of Schedule
B1 to the Insolvency Act 1986); or
(c) a receiver is appointed of any of your assets or undertaking, or
circumstances arise which entitle a court of competent jurisdiction or a
creditor to appoint a receiver or manager, or if any other person takes
possession of or sells your assets; or
(d) you make any arrangement or composition with your creditors, or make an
application to a court of competent jurisdiction for the protection of your
creditors in any way; or
(e) you cease, or threaten to cease, to trade.
11.2 On termination of the Contract for any reason you shall immediately pay us all of our
outstanding unpaid invoices and interest and, in respect of Services supplied but for
which no invoice has been submitted, we may submit an invoice, which shall be payable immediately on receipt.
11.3 The accrued rights of the parties as at termination and the continuation of any
provision expressly stated to survive or implicitly surviving termination shall not be affected.
13. VARIATION
Subject to condition 4 no amendment to any Contract shall be valid unless it is in
writing and signed by or on behalf of each of the parties.
14. WAIVER
14.1 A waiver of any right under these conditions or any Contract is only effective if it is
in writing and it applies only to the party to whom the waiver is addressed and the
circumstances for which it is given.
14.2 Unless specifically provided otherwise, rights arising under these conditions or any
Contract are cumulative and do not exclude rights provided by law.
15. SEVERANCE
15.1 If any provision (or part of a provision) of these conditions or any Contract is found
by any court or administrative body of competent jurisdiction to be invalid,
unenforceable or illegal, the other provisions will remain in force.
15.2 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal
if some part of it were deleted, that provision will apply with whatever modification
is necessary to make it valid, enforceable and legal.
16. STATUS OF PRE-CONTRACTUAL STATEMENTS
Each of the parties acknowledges and agrees that, in entering into any Contract it
does not rely on any undertaking, promise, assurance, statement, representation,
warranty or understanding (whether in writing or not) of any person (whether party to
these terms and conditions or not) relating to the subject matter of the Contract, other
than as expressly set out in these conditions or the Contract
17. ASSIGNMENT
17.1 You shall not, without our prior written consent, assign, transfer, charge, sub-contract
or deal in any other manner with all or any of your rights or obligations under these
conditions or any Contract.
17.2 We may at any time assign, transfer, charge, sub-contract or deal in any other manner
with all or any of our rights or obligations under these conditions or any Contract.
18. NO PARTNERSHIP OR AGENCY
Nothing in these conditions or any Contract is intended to, or shall operate to, create a
partnership between the parties, or to authorise either party to act as agent for the
other, and neither party shall have authority to act in the name or on behalf of or
otherwise to bind the other in any way (including the making of any representation or
warranty, the assumption of any obligation or liability and the exercise of any right or
power).
19. RIGHTS OF THIRD PARTIES
The Contract is made for the benefit of the parties to it and (where applicable) their
successors and permitted assigns and is not intended to benefit, or be enforceable by,
anyone else.
20. NOTICES
Notice given under the Contract shall be in writing, sent for the attention of the
person, and to the address or fax number, given in the Contract (or such other
address, fax number or person as the relevant party may notify to the other party) and
shall be delivered personally, sent by fax or sent by pre-paid, first-class post or
recorded delivery. A notice is deemed to have been received, if delivered personally,
at the time of delivery, in the case of fax, at the time of transmission, in the case of
pre-paid first class post or recorded delivery, 48 hours from the date of posting and, if
deemed receipt under this condition 20 is not within business hours (meaning 9.00 am
to 5.30 pm Monday to Friday on a day that is a business day), at 9.00 am on the first
business day following delivery. To prove service, it is sufficient to prove that the
notice was transmitted by fax, to the fax number of the party or, in the case of post,
that the envelope containing the notice was properly addressed and posted.
21. GOVERNING LAW AND JURISDICTION
21.1 These conditions and any Contract and any dispute or claim arising out of or in
connection with them or their subject matter, shall be governed by, and construed in
accordance with, the law of England and Wales.
21.2 Each of irrevocably agree that the courts of England and Wales shall have exclusive
jurisdiction to settle any dispute or claim that arises out of or in connection with these
conditions or any Contract or their subject matter.
Colchester Appliance ( cooker, washing machines, Ovens, dryers, dishwashers)
