These conditions shall apply to any agreement between ADM Computing and any person, business, individual or company (“the customer”) requesting ADM Computing to repair any goods or parts thereof (“the goods”). The expression “repair” shall include any repair to equipment in ADM Computing’s care including equipment for quotation or evaluation, whether left in person, returned to our Workshop by an ADM Computing engineer or sent via carrier or any other means.
- Packaging and transit
The customer shall ensure the item is suitably packed to ensure safety in transit. If inadequate packing is used then the carrier or post office may reject any claim for damage. The customer shall be responsible for transit cover when sending goods to ADM Computing. When returning goods ADM Computing shall provide adequate insurance cover for the goods. Any product sent for repair must be accompanied by a contact name, address and daytime telephone number, and full details of the fault(s). If this information is not provided, ADM Computing will be unable to return your product to you and reserves the right to dispose of your product 60 days after receiving it.
- Estimates and quotations
ADM Computing shall charge an inspection fee of £40 plus VAT which is normally waived, if the customer proceeds with the repair or if new replacement equipment is purchased from us. ADM Computing reserve the right to re-estimate verbal and written estimates and quotations if work has not been completed, especially if a considerable time has elapsed since the first estimate, or the parts are not now available from the original supplier. ADM Computing shall be under no obligation to give the customer a written estimate before commencing to repair the goods unless the customer gives ADM Computing a written request for an estimate. When an estimate or quotation is given either verbally or in writing, ADM Computing shall delay commencing work until the customer gives ADM Computing confirmation by telephone, in person, by letter or by email informing ADM Computing to proceed. ADM Computing shall not be liable for any misrepresentation made by ADM Computing, our employees or agents to you as to the nature of suitability of the repair services or the condition of the goods. Except when goods are supplied, on ADM Computing’s advice, given in writing that they are suitable for any particular purpose, it shall not be a term of a contract that goods are sold as fit for any particular purpose and this is notwithstanding that ADM Computing may have, or be deemed to have, knowledge of the purpose for which the goods are required. If there is no form of correspondence to carry out the repair within fourteen days of the date of the estimate, ADM Computing may sell or destroy the goods at ADM Computing’s sole discretion. If the customer does not accept the estimate, ADM Computing shall attempt to re-assemble the goods to the condition in which they were received but shall not be liable to the customer for any loss or damage whatsoever resulting from its failure so to do. The customer will either collect the goods in person, arrange their own carrier, ask ADM Computing to return the goods and pay for carriage or ask ADM Computing to destroy/dispose of the goods.
The price of the goods and/or repair services shall be as stated verbally, quoted or estimated and will normally include the cost of all parts and estimated labour but shall exclude VAT plus any and all carriage charges. The price may be varied as stated in section two. Transit liability insurance is included when ADM Computing return goods to you.
- Repair procedure
ADM Computing shall attempt to diagnose the fault(s) and repair the goods, however, in the case of goods which are beyond economical repair, ADM Computing will attempt to inform the customer and determine if the goods should be returned to the customer, at the customers expense, or destroyed or collected by the customer or his/her representative from ADM Computing’s premises. Repair times may vary due to the workload within the Workshop area, therefore it is recommended contact is made to ADM Computing 24 to 48 hours following arrival to check on progress of the faulty item. A delay may also be experienced where parts are unavailable or delayed from the suppliers or the fault is very difficult to isolate and complete the repair.
- Cancellation or delay of repair
Where ADM Computing provides quotes or accepts the repair, completion dates will be approximate only. ADM Computing shall not be liable for any loss whatsoever resulting from failure to meet such dates. ADM Computing may postpone, delay or cancel any repair work at any time relating to circumstances beyond its control, including excessive workload. If the customer cancels the order for the repair of the goods after accepting the verbal or written estimate or quotation then a part or full charge of the estimated or quoted price may be made to cover the expenses and time that ADM Computing may have incurred.
Payment of ADM Computing’s charges shall be made before or when the goods are dispatched or collected from ADM Computing’s or within 30 days for existing credit account customers. If the customer shall fail to pay all sums due for the repair or to collect the goods or pay for carriage within fourteen days of the date of the notification mentioned in section two, ADM Computing may forthwith sell or destroy the goods. All repair prices quoted exclude VAT unless otherwise stated. Carriage or postage will be charged where the customer is not collecting the goods in person or by proxy. Payments can be made via cash, debit card, bank transfer or cheque (a cheque must clear before ADM Computing can release the goods).
- Collection and Despatch
Repaired goods must be paid for in full and collected within fourteen days of the customer being notified that the goods are repaired or ready for collection. Alternatively, ADM Computing shall despatch the goods and insure against transit damage or loss. Notification of damage must be communicated in writing to ADM Computing within three days of delivery. Notification of non-delivery must be communicated in writing ADM Computing within seven days of the date of the dispatch note or invoice.
Delivery dates are given in good faith but are estimates only. Time for delivery shall not be of the essence of the contract. ADM Computing shall not be liable for any damages whatsoever whether direct or indirect (including for the avoidance of doubt any liability to any third party resulting from any delay by ADM Computing in delivery of the goods or failure to deliver the goods in a reasonable time whether such a delay or failure is caused by ADM Computing. Unless the customer shall within five working days of receipt of the repaired item, give written advice of rejection, the customer shall be deemed to have accepted the repair. Signature of the carriers delivery note indicates that the goods have been delivered and accepted in good condition. Any damages/loss must be reported to ADM Computing in writing within twenty four hours of receipt of delivery. The original packaging must be retained with the article until further instructions are provided. Be aware that if the consignment has been signed stating that the delivery was received in good condition we will be unable to uphold any claim. You shall inspect the goods and/or equipment at the place and time of unloading or if this is not practical sign for the goods ‘unexamined’. ADM Computing’s liability for short delivery (ie item(s) missing) is limited to making good the shortage. ADM Computing shall not be liable for any damages whatsoever for short delivery howsoever caused and you remain liable to pay the full invoice price of all goods delivered or available for delivery. Unless you retain and make available for inspection the goods and/or equipment and their packaging ADM Computing will not be liable for any loss or damage in transit.
Workmanship and materials used ADM Computing in any repair of any goods, have warranty for ninety days, from the date of repair to be free from defects under normal use. Only item(s) replaced by ADM Computing are covered by warranty. ADM Computing’s obligation under such repair warranty is limited to repairing the original defects as stated by the customer by letter or verbally when the goods are left at ADM Computing’s premises and subject to the equipment being accompanied by proof of repair by ADM Computing, together with a detailed defect description. If the item(s) are found to be not faulty then a charge may be made at ADM Computing’s discretion. The repair warranty is void if any repairs are undertaken by the customer or any other company or individual, or equipment is misused, neglected, damaged or if any defects arises from battery leakage, liquid damage, damp, viruses, electrical voltage fluctuations, lightning, ionizing radiation, excessive heat, g-forces due to dropping/banging, magnetic fields or a warranty seal has been removed or tampered with. ADM Computing will not refund any customers’ carriage costs in returning any goods to ADM Computing for warranty repairs regardless of qualifying or otherwise under the conditions of the warranty. Goods will not be returned carriage paid where goods are brought in person to ADM Computing’s premises.
ADM Computing will endeavour to ensure that any data on your hard drive and/or other media is not lost. ADM Computing however cannot accept any liability whatsoever, nor pay any compensation for loss of any or all of the aforementioned data. In particular ADM Computing cannot be held responsible for any data loss or damage caused to a product whilst being sent to or from ADM Computing by the carrier or other agent. N.B. Any customers data held by ADM will be held for a period of one month after which time it will be deleted. It is therefore the customers responsibility to check all data is present when equipment is returned to them. ADM Computing exclude any liability for any indirect or consequential loss, damage or expenses by data loss or corruption.
The construction, validity and performance of a contract shall be governed and interpreted according to the law of England and you agree to submit to the exclusive jurisdiction of the English courts in any dispute or difference arising between the customer and ADM Computing in relation to a Contract. The headings in these terms are for convenience only and shall not affect their interpretation. Except as provided otherwise in these terms we shall not be liable for any delays or failures to perform any of ADM Computing’s obligations under this contract due to any cause beyond ADM Computing’s reasonable control including industrial action. Failure by ADM Computing to enforce a term or terms of a contract as soon as it may be enforced shall not prevent the subsequent enforcement of that or any other term of the contract. The non-enforcement by ADM Computing of any of the terms of a contract shall not constitute a waiver unless this is stated by us in writing. If any clause or sub-clause of these terms is held by a competent authority to be invalid or unenforceable the validity of the other clauses and sub-clauses of these terms shall not be affected and they shall remain in full force and effect. ADM Computing may assign or sub contract all or any of ADM Computing’s obligations under this contract to a competent third party. Termination of this contract shall not affect rights and obligations, which have already accrued at the time of termination. A person (a “third party”) who is not a party to this contract has no right under the contracts (rights of third parties) act 1999 to enforce any of its terms notwithstanding that any such term may purport to confer or may be construed as conferring a benefit on such third party. This does not affect any right or remedy of such third party, which exists or is available irrespective of the said act.