07986 424293
CHRONOGRAPH EXPERT SERVICES CONDITIONS OF SERVICE
1. DEFINITIONS
Business Day: a day (other than a Saturday, Sunday, or public holiday) when banks in London are open for business. Conditions: the terms and conditions set out in this document as amended from time to time in accordance with clause 2(G). Contract: the contract between the Supplier and the Customer for the provision of the Services in accordance with these Conditions. Customer: means the person who purchases Services from the Supplier and to whom these Conditions are addressed. Repair Work: means the general servicing of Goods and/or fixing of broken or damaged Goods so that they are brought back to an acceptable operating, working or usable condition using currently available parts but excludes restoration and/or renewal work, i.e. the bringing of Goods back to their original state or condition as at the date of first purchase. Services: means the Repair Work to be carried out in respect of the Goods, as described in the Estimate. Supplier: Chronograph Expert Services.
2. APPLICATION AND BASIS OF CONTRACT
(A) These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate by means of the Proceed Estimate Form or otherwise, or which are implied by trade, custom, practice or course of dealing. (B) The Customer may request an Estimate for the Services from time to time, whether orally in person at the Supplier's premises or in writing by sending the Goods to the Supplier at the Customer's cost and liability enclosing such request. (C) Upon delivery of the Goods by the Customer to the Supplier's premises the Customer shall sign the Information Form and shall be provided with an acknowledgement by the Supplier. (D) Upon receipt of the Goods sent to the Supplier by the Customer's carrier the Supplier shall send to the Customer the Information Form and acknowledgement. The Information Form should be signed by the Customer and returned to the Supplier as soon as possible, (E) As soon as practicable after receipt of the signed Information Form from the Customer, the Supplier shall issue the Customer with an Estimate for the provision of the Services. (F) The Supplier may charge for the provision of the Estimate. Such a charge will be payable in the event that the Estimate is declined and the Services are not performed. If the event that the Estimate is accepted the charge for the Estimate will be deductible from the eventual cost of the Services. (G) The Estimate constitutes an offer by the Supplier to provide the Services in accordance with these Conditions and the Customer is responsible for ensuring that the terms of the Estimate are complete and accurate. (H) The Estimate shall only be deemed to be accepted when the Customer completes the Proceed Estimate Form and communicates it to the Supplier pursuant to clause 11, at which point the Contract shall come into existence and become binding on the parties. (I) The Estimate is valid for a period of [60] Business Days from its date of issue and if the Customer does not confirm its acceptance of the Estimate within such period, the Estimate shall be automatically withdrawn and the Supplier shall return the Goods to the Customer at the Customer's expense. (J) The Supplier reserves the right to alter these Conditions and any changes hereto shall only be binding when [agreed in writing and] signed by the Supplier and the Customer is informed thereof. (K) The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Supplier which is not set out in the Contract.
3. SUPPLY OF SERVICES
(A) The Supplier shall use all reasonable endeavours to meet any performance dates specified in the Estimate, but any such dates shall be estimates only and time shall not be of the essence for performance of the Services. (B) The Supplier shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services. (C) The Supplier warrants to the Customer that the Services will be provided using reasonable care and skill, but no warranty is given as to the value of the Goods remaining the same after completion of the Services as it may have been beforehand. (D) The Supplier will retain all parts of the Goods which are exchanged for new parts during the provision of the Services and such parts will be destroyed immediately.
4. PRICES
The prices payable for the Services shall be those contained in the Supplier's Estimate and as reflected in the Supplier's invoice issued in respect of the Services (the `Invoice'). (B) The price of the Services is exclusive of any costs and charges of packaging, insurance and transport of the Goods, which may be set out separately in the Invoice. (C) Unless otherwise specified, any duties payable on the Services shall be added to the price and the Customer shall, upon receipt of the Invoice from the Supplier, pay to the Supplier such additional amounts.
5. TERMS OF PAYMENT
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(A) Unless otherwise agreed in writing by the Supplier, payment of the Invoice and/or any sums owed by the Customer to the Supplier under the Contract shall be made in full and in clear funds on receipt of the Invoice by the Customer and delivery of the Goods to the Customer shall not take place until payment in full has been made. (B) Payment shall be made to the bank account nominated in writing by the Supplier, or otherwise as acceptable to the Supplier. (C) Time of payment is of the essence and any extension of credit allowed to the Customer may be changed or withdrawn by the Supplier at its discretion at any time. (D) The Customer shall pay all amounts due under the Contract in full without any deduction or withholding except as required by law and the Customer shall not be entitled to assert any credit, set-off or counterclaim against the Supplier in order to justify withholding payment of any such amount in whole or in part.
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The Disposal of Uncollected Goods Act 1967 covers inspection, custody, storage, repair and other treatment of goods. Under this Act, uncollected goods may be sold six months after the date on which they were ready for collection
6. DELIVERY
(A) Delivery shall be at the Customer's last known address unless otherwise stipulated or agreed by the Supplier (Delivery Location). (B) Delivery shall be arranged within [SEVEN] Business Days of receipt of payment of the Invoice in accordance with clause 5(A). (C) Whilst every effort will be made to adhere to any delivery schedule shown in the Estimate such dates are approximate only and the time of delivery is not of the essence. The Supplier shall not be liable for any losses, costs, damages or expenses suffered by the Customer or any other person, firm or company howsoever arising whether directly or indirectly out of any failure to meet any estimated delivery date or dates. (D) Delivery shall be completed on the Goods' arrival at the Delivery Location and the Customer must notify the Supplier within 5 Business Days of the date of deemed receipt of the Invoice if delivery of the Goods has not occurred. (E) Unless otherwise expressly agreed, the Supplier may affect delivery in one or more instalments. Where delivery is affected by instalment, the Goods shall be invoiced and paid for separately and each instalment shall be treated as a separate Contract. (F) Customers may also collect the Goods from the Supplier's premises following receipt of payment of the Invoice in accordance with Clause 5(A).
7. LIMITATION OF LIABILITY
(A) Nothing in these Conditions shall limit or exclude the Supplier's liability for: (a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; (b) fraud or fraudulent misrepresentation; or (c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession). (B) Subject to clause 7(A) above, the Supplier shall under no circumstances whatsoever be liable to the Customer, whether in contract, tort (including misadventure), breach of statutory duty, or otherwise, for any diminution or reduction in the market and/or commercial value of the any of the Goods which may have been caused by the Repair Work carried on them, either by repair malfunction or accidental or misadventure. (C) Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
8. RISK AND TITLE
The Supplier provides the Services to the Buyer on the following terms relating to risk and title: (A) The risk in the Goods shall pass: i. to the Supplier, on delivery of the Goods to the Supplier for the provision of the Estimate; and ii. to the Customer, upon delivery of the Goods to the Customer or collection by the Customer from the Supplier's premises. (B) Title to the Goods shall not pass to the Supplier and the Supplier shall be in possession of the Goods solely as bailee for the Customer and in a fiduciary capacity from the time the Goods are delivered at the Supplier's premises until the time the Goods are delivered to the Customer. (C) For the avoidance of doubt, the Supplier shall be entitled to exercise a lien over the Goods if payment for the provision of the Services is not made in accordance with Clause 5.
9. FORCE MAJEURE
The Supplier shall not be liable to the Customer for any loss or damage which may be suffered by the Customer as a direct or indirect result of the provision of Services by the Supplier being prevented hindered delayed or rendered uneconomic by reason of circumstances or events beyond the Supplier's reasonable control including but not limited to Act of God war riot strike lock-out trade dispute or labour disturbance accident break-down of plant or machinery fire flood storm difficulty or increased expense in obtaining workmen materials or transport or other circumstances affecting the provision of Services or of raw materials therefor by the Supplier's normal source of supply or the provision of Services in relation to the Goods by the Supplier's normal means or the delivery of the Goods by the Supplier's normal route or means of delivery.
10. WARRANTY
Upon completion of the Services and payment by the Customer, the Supplier will provide a warranty that for a period, to be advised, the Goods will perform to an acceptable operating and working condition. Any subsequent damage to the Goods or any intervention to the Goods by a third party is excluded from and voids the warranty.
Any warranties, associated or implied to services, are Non-transferable.
11. WAIVER
A waiver of any of the Supplier's rights or remedies under the Contract is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by the Supplier to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
12. NOTICES
Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its last known address and shall be delivered by pre-paid first class, recorded delivery, commercial courier, fax or email. A notice (including the Invoice) or other communication shall be deemed to have been received: if delivered by pre-paid first class post or recorded delivery, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by fax or e-mail, one Business Day after transmission. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
13. GOVERNING LAW
The Contract, and any disputes or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.