TERMS OF SUPPLY

 


  1. Interpretation

1.1    In these Conditions:

“Equipment”

 

means the camera and/or other equipment to be repaired in accordance with these Terms;

“Client”

means the person for whom the Supplier has agreed to provide the Repairs or to supply the Parts in accordance with these Terms; 

“Contract”

means the contract for the provision of the Repairs or for the supply of the Parts in accordance with these Terms;

“Parts”

means the parts which the Supplier is to supply in accordance with these Terms;

“Payment”

 

means receipt of cleared funds in respect of the amount due for Repairs or supply of the Parts together with any applicable charges for post, packaging and insurance and any applicable Value Added Tax, (and without any set‑off or other deduction) in accordance with clause 4 of these Terms;

“Repairs”

means repair services to be provided by the Supplier for the Client;

“Supplier”

means Colchester Camera Repair Services Limited (registered in  England & Wales under company registration number 1633547);

1.2    The headings in these Terms are for convenience only and shall not affect their interpretation.

  1. Supply of Parts and Repairs

2.1    The Supplier shall provide the Parts and the Repairs subject to these Terms which shall govern the Contract to the exclusion of any other terms subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Client. The Supplier and the Client must agree any changes to these Terms in Writing.

2.2    Subject to these Terms the Supplier shall supply the Parts or Repairs in accordance with the Supplier’s quotation (if accepted by the Client), or the Client’s order (if accepted by the Supplier).

  1. Contract

3.1    The Supplier will provide the Client, free of charge, with an estimate over the telephone or otherwise of the charges for the Repairs based on the Client’s description of the damage. If the Client accepts the estimate the Client shall provide the Equipment to the Supplier and make Payment in accordance with the estimate in full or on account.

3.2    Once the Equipment has been received, the Supplier may, after having examined the extent of the damage and re-assessed the work involved, provide a revised estimate to the Client if appropriate or reject the work in accordance with clause 9.2. If the Client accepts the revised estimate, the Client shall make any additional Payment necessary to the Supplier.  Unless the revised estimate is accepted by the Client the Supplier shall not be obliged to carry out the repairs.

3.3    If the Client does not communicate its acceptance of the revised estimate to the Supplier or the Supplier does not receive payment in full or on account within 14 days of providing the estimate or revised estimate, or rejects the work, the Supplier shall return the Equipment to the Client unrepaired by insured post if payment has been received or ordinary post if payment has not been received and if it does so it shall refund the Payment to the Client less the cost of the return postage. The Supplier shall be entitled to reject an order for the supply of Parts in accordance with clause 9.2 if it cannot obtain suitable or sufficient Parts.

3.4    If the Client has an account for payment and unless the Supplier has rejected the work, contracts for Repairs shall be concluded when the Supplier receives the Equipment. In all other cases unless otherwise agreed and unless the Supplier has rejected the work, contracts for Repairs shall be concluded when the Supplier receives the Equipment and payment (including any additional payment required as a result of a revised estimate), in full.

3.5    If the Client has an account for payment and unless the Supplier has rejected the work, contracts for the sale of Parts only shall be concluded when the Supplier receives the order details. In all other cases unless otherwise agreed and unless the Supplier has rejected the work, contracts for the supply of Parts only shall be concluded when the Supplier receives the order details and payment in full.

3.6    The Client shall be responsible to the Supplier for ensuring the accuracy of the terms of any order submitted by the Client for the supply of Parts.

3.7    The Supplier may at any time without notifying the Client make any changes to the Repairs which are necessary to comply with any applicable safety or other statutory requirements, or which do not materially affect the nature or quality of the Repairs.

3.8    Without prejudice to clauses 3.2 and 9.2, the Supplier shall not be obliged to carry out Repairs where:

3.8.1          the damage is caused by defects or failures that are due to neglect or misuse, failure of or defect in electrical power, external electrical circuitry, unusual physical or electrical stress, air conditioning or environmental controls, the effects of weather influences, the use of items not provided by the original manufacturer;

3.8.2          the Client has forgotten, lost or removed any password which prevents access to the Equipment; or

3.8.3          the damage is caused by a virus or another pre-programmed device with similar effect,

and in such event the Supplier shall return the Equipment to the Client unrepaired by insured post if payment has been received or ordinary post if payment has not been received and if it does so it shall refund the Payment to the Client less the cost of the return postage.

  1. Charges and Payment

4.1    The price of the Parts and the Repairs to be performed shall be the Supplier’s quoted price. All prices quoted are valid for 30 days only or until earlier acceptance by the Client, after which time they may be altered by the Supplier in line with any increase in costs incurred by the Supplier in providing the Parts or Repairs.  The Supplier will then supply the Client with a revised quotation.

4.2    Unless a Client holds an account with the Supplier or as otherwise agreed, Payment must be made in advance, in full and in cleared funds before the Supplier will despatch the Parts to the Client or start work on the Repairs. No Payment shall be deemed to have been received until the Supplier has received cleared funds.

4.3    Clients with an account must settle the account within 30 days from the relevant invoice date.

4.4     The time of Payment shall be of the essence of the Contract. Receipts for Payment will be issued only upon request.

4.5    If the Client fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Supplier, the Supplier shall be entitled to:

4.5.1          cancel the Contract or suspend any further deliveries or services to the Client;

4.5.2          charge the Client interest (both before and after any judgement) on the amount unpaid, at the rate of 5 per cent per annum above Barclays Bank PLC’s base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest);

4.5.3          give notice of its lien and retain the Equipment for such period as the Supplier deems reasonable, in accordance with clause 5.

4.6    All prices are exclusive of any applicable value added tax, which the Client shall be additionally liable to pay to the Supplier.

4.7    The Supplier will accept Payment by cash, credit card, debit card or cheque.  If Payment is made by cheque then it must be made in sufficient time for the cheque to clear prior to the Contract start date and the Supplier shall not be obliged to make any repairs until the cheque has cleared.

4.8    The Supplier reserves the right, by giving written notice to the Client at any time before delivery, to increase the price of the Parts or the Repairs to reflect any increase in the cost to the Supplier which is due to any factor beyond the control of the Supplier (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Parts which is requested by the Supplier, or any delay caused by any instructions of the Client or failure of the Client to give the Supplier adequate information or instructions.

  1. Lien

5.1    Without prejudice to any other remedies the Supplier shall in the event of default by the Client have a general lien on all goods and property in its possession (whether worked on or not) and belonging to the Client in respect of any sums due from the Client and shall be entitled if any lien is not satisfied within [6] months from the date upon which the Supplier first gave notice of the lien to the Client to sell or dispose of such goods or property as it thinks fit and to return the proceeds of sale less payment of any unpaid amounts for the Repairs, postage costs and storage fees to the Client, provided the Client has provided its postage address to the Supplier.

  1. Delivery

6.1    Subject to clause 5.1 and to Payment having been made, Equipment submitted to the Supplier for Repairs shall be posted to the Client by insured post once the Repairs have been completed.

6.2    Delivery of the Parts shall be made by the Supplier posting the Parts  to an address notified by the Client. Where the Parts are of   sufficiently high value they shall be posted by insured post.

6.3    Any dates quoted for delivery of the Parts or the Equipment are approximate only and the Supplier shall not be liable for any delay in delivery of the Parts or the Equipment however caused. Time for delivery shall not be of the essence of the Contract unless previously agreed by the Supplier in writing. The Parts may be delivered by the Supplier in advance of the quoted delivery date on giving reasonable notice to the Client.

6.4    Where the Parts are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Supplier to deliver any one or more of the instalments in accordance with these Terms or any claim by the Client in respect of any one or more instalments shall not entitle the Client to treat the Contract as a whole as repudiated.

6.5    If the Supplier fails to deliver the Parts (or any instalment) or the Equipment for any reason other than any cause beyond the Supplier’s reasonable control or the Client’s fault, and the Supplier is accordingly liable to the Client, the Supplier’s liability shall be limited to the excess (if any) of the cost to the Client (in the cheapest available market) of similar parts to replace those not delivered over the price of the Parts or the current market value of the Equipment at that time.

6.6    If the Client fails to take delivery of the Parts or the Equipment or fails to give the Supplier adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Client’s reasonable control or by reason of the Supplier’s fault) then, without limiting any other right or remedy available to the Supplier, risk in the Parts and the Equipment will pass to the Client (including for loss or damage caused by the Supplier’s negligence) and the Supplier may:

6.6.1          store the Parts or the Equipment until actual delivery and charge the Client for the reasonable costs (including insurance) of storage; or

6.6.2          sell, destroy or otherwise dispose of any Equipment, document or other property of the Client which has been in its custody for more than [6] months following notification to the Client that it is ready for delivery.

  1. Risk and property

7.1    Risk of damage to or loss of the Parts or the Equipment shall pass to the Client at the time of delivery or, if the Client wrongfully fails to take delivery, in accordance with clause 6.6, the time when the Supplier has tendered delivery.

7.2    Notwithstanding delivery and the passing of risk in the Parts, or any other provision of these Terms, the property in the Parts shall not pass to the Client until the Supplier has received in cash or cleared funds Payment in full of the price of the Parts and all other sums for which Payment is then due.

7.3    Until such time as the property in the Parts passes to the Buyer, the Buyer shall hold the Parts as the Supplier’s fiduciary agent and bailee, and shall keep them separate from those of the Client and third parties and properly stored, protected and insured and identified as the Supplier’s property.

7.4    Until such time as the property in the Parts passes to the Client, the Supplier shall be entitled at any time to require the Client to deliver them up to the Supplier and, if the Client fails to do so forthwith, to enter upon any premises of the Client or any third party where they are stored and repossess them.

7.5    The Client shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Parts which remain the property of the Supplier, but if the Client does so all monies owing by the Client to the Supplier shall (without prejudice to any other right or remedy of the Supplier,) forthwith become due and payable.

7.6    The Supplier will maintain comprehensive insurance cover to cover the Equipment whilst it is on the Supplier’s premises and until risk has passed to the Client.

  1. Warranties and liability

8.1    Subject to clause 8.3 below, where the Supplier supplies any Parts manufactured or supplied by a third party, the Supplier does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise, but shall, where practical, assign to the Client the benefit of any manufacturer’s warranty, guarantee or indemnity given by the person manufacturing for, or supplying, the Parts to the Supplier and shall inform the Client of the details of such warranties on delivery of the Parts.

8.2    Subject as expressly provided in these Terms, and except where the Parts are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.  These terms are intended to apply where the Client is not such a consumer and the Client warrants to the Supplier that it is not such a consumer.

8.3    Subject to clause 8.5, the Supplier warrants to the Client for a period of 6 months from completion of the Repairs that the Repairs are provided using reasonable care and skill and that the Repairs shall remain sound for a period of 6 months from the date of despatch to the Client, and that where the Repairs involve the provision of replacement parts, any such parts shall be free from any material defect on supply and shall remain free for such period of 6 months from the date of despatch to the Client.

8.4    The Supplier’s liabilities under this warranty shall be limited to making available free of charge the labour and materials required to make good any failure to perform the Repairs with reasonable skill and care but shall be limited to the original value of the Repairs provided or the cost of replacing the parts (or the part in question), or (at the Supplier’s option) refunding the full Payment and the warranty shall only apply to the original Repairs and shall not be extended by any additional work carried out or parts supplied in accordance with this clause. To claim under this warranty, the Client shall deliver the Equipment to the Supplier at the Client’s expense.

8.5    The Supplier’s liability under this warranty is subject to the following conditions and limitations: written notice of the defect being given to the Supplier within 14 days after discovery of the same and in any event, within 6 months after the date of despatch of the Equipment to which the deficiency relates, the Equipment having been properly stored, used and cared for by the Client prior to the defect occurring, the Equipment not having been subjected to any incorrect, abnormal or improper load, use, accident or unauthorised modification, repair or application, whether by the Equipment, the Client or any third party, the Equipment having been used and maintained in accordance with the manufacturer’s/retailer’s/ Supplier’s instructions whether written or oral, the Equipment having been returned to the Supplier or as the Supplier shall direct at the Client’s expense within 14 days of notification by the Client of the defect, the Supplier’s, retailer’s or manufacturer’s trade mark, serial or identification number not having been removed, defaced or altered; and the Supplier having received the total price for the Repairs by the due date for Payment.

8.6    The Supplier expressly does not warrant that any result or objective, whether stated in this Agreement or not, shall be achieved, be achievable or be attained at all or by a given completion date or any other date.

8.7    The Supplier shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any instructions supplied by the Client which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non‑arrival, or any other fault of the Client.

8.8    Except in respect of death or personal injury caused by the Supplier’s negligence, or liability for defective products under the Consumer Protection Act 1987, the Supplier shall not be liable to the Client by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Supplier, its employees or agents or otherwise) which arise out of or in connection with the supply of the Parts (including any delay in supplying or any failure to supply the Parts in accordance with the Contract or at all) or their use or resale by the Client or the provision of the Repairs, and the entire liability of the Supplier under or in connection with the Contract shall not exceed the price of the Parts, or the amount of the Supplier’s charges for the provision of the Repairs, except as expressly provided in these Terms.

8.9    The Client shall be responsible for ensuring that the nature, capacity and performance of the Parts are sufficient and suitable for the Client’s purposes and the Supplier makes no warranty in relation to such matters.

8.10  Notwithstanding the above, the Supplier shall not be liable for any default, damage or delay due to any circumstances beyond the reasonable control of the Supplier including, but not limited to, Acts of God, war, civil unrest, riot, strike, lock-out, acts of civil or military authorities, fire, flood, earthquake or shortage of supply.

  1. Cancellation and Termination

9.1    Subject to clauses 3.2. and 3.3, no order which has been accepted by the Supplier for the Parts or the Repairs may be cancelled by the Client except with the agreement in writing of the Supplier and on terms that the Client shall indemnify the Supplier in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Supplier as a result of cancellation.

9.2    If, at any time, the Parts or Repairs ordered are, for a technical difficulty, impossible or impractical (for example, without limitation, parts are unavailable), the Supplier may terminate the Contract or reject the order in respect of any element that cannot be carried out and the Client will only be liable to pay for any work already completed or Parts supplied under the Contract together with the postage costs for the return of the Equipment to him.

9.3    Either party may (without limiting any other remedy) at any time terminate the Contract by giving written notice to the other if the other commits any breach of these Terms and (if capable of remedy) fails to remedy the breach within 30 days after being required by written notice to do so, or if the other ceases to trade, is dissolved, goes into liquidation, becomes bankrupt, makes a voluntary arrangement with its creditors or has a receiver or administrator appointed.

  1. Data Protection

10.1  The Supplier will take all reasonable precautions to keep the details of the Client’s order and Payment secure, but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by the Client.

10.2  The Supplier may disclose information about the Client to its financiers, credit reference and debt recovery agencies, and third party service providers. They will add this information to their records and this may be seen by other organisations that carry out credit assessment searches.

10.3  The Supplier may disclose the Client’s information to a person to whom it proposes to transfer its rights and/or responsibilities under any contract with the Client to which these terms apply or to whom the Supplier transfers its business or a relevant part of its business.  Such a person shall be entitled to process the Client’s data in the same manner set out in these terms.

  1. General

11.1  These Conditions constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in writing between the parties. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.

11.2  A notice required or permitted to be given by either party to the other under these Terms shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.

11.3  No failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and no waiver by either party of any breach of the Contract by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.

11.4  If any provision of these Terms is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected.

11.5  The Supplier may without the consent of the Client sub-licence its rights or obligations or any part of these Terms.

11.6  The Client shall not transfer or assign his rights or obligations under any Contract to any third party without the Supplier’s prior consent in writing.

11.7  English law shall apply to the Contract, and the parties agree to submit to the exclusive jurisdiction of the English courts.

1.1    Payment to the Client less the cost of the return postage. The Supplier shall be entitled to reject an order for the supply of Parts in accordance with clause 9.2 if it cannot obtain suitable or sufficient Parts.

1.2    If the Client has an account for payment and unless the Supplier has rejected the work, contracts for Repairs shall be concluded when the Supplier receives the Equipment. In all other cases unless otherwise agreed and unless the Supplier has rejected the work, contracts for Repairs shall be concluded when the Supplier receives the Equipment and payment (including any additional payment required as a result of a revised estimate), in full.

1.3    If the Client has an account for payment and unless the Supplier has rejected the work, contracts for the sale of Parts only shall be concluded when the Supplier receives the order details. In all other cases unless otherwise agreed and unless the Supplier has rejected the work, contracts for the supply of Parts only shall be concluded when the Supplier receives the order details and payment in full.

1.4    The Client shall be responsible to the Supplier for ensuring the accuracy of the terms of any order submitted by the Client for the supply of Parts.

1.5    The Supplier may at any time without notifying the Client make any changes to the Repairs which are necessary to comply with any applicable safety or other statutory requirements, or which do not materially affect the nature or quality of the Repairs.

1.6    Without prejudice to clauses 3.2 and 9.2, the Supplier shall not be obliged to carry out Repairs where:

1.6.1          the damage is caused by defects or failures that are due to neglect or misuse, failure of or defect in electrical power, external electrical circuitry, unusual physical or electrical stress, air conditioning or environmental controls, the effects of weather influences, the use of items not provided by the original manufacturer;

1.6.2          the Client has forgotten, lost or removed any password which prevents access to the Equipment; or

1.6.3          the damage is caused by a virus or another pre-programmed device with similar effect,

and in such event the Supplier shall return the Equipment to the Client unrepaired by insured post if payment has been received or ordinary post if payment has not been received and if it does so it shall refund the Payment to the Client less the cost of the return postage.

  1. Charges and Payment

2.1    The price of the Parts and the Repairs to be performed shall be the Supplier’s quoted price. All prices quoted are valid for 30 days only or until earlier acceptance by the Client, after which time they may be altered by the Supplier in line with any increase in costs incurred by the Supplier in providing the Parts or Repairs.  The Supplier will then supply the Client with a revised quotation.

2.2    Unless a Client holds an account with the Supplier or as otherwise agreed, Payment must be made in advance, in full and in cleared funds before the Supplier will despatch the Parts to the Client or start work on the Repairs. No Payment shall be deemed to have been received until the Supplier has received cleared funds.

2.3    Clients with an account must settle the account within 30 days from the relevant invoice date.

2.4     The time of Payment shall be of the essence of the Contract. Receipts for Payment will be issued only upon request.

If the Client fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Supplier, the Supplier shall be entitled t