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Website Terms & Conditions
WELCOME TO THE ROCK WEBSITE TERMS AND CONDITIONS FOR USE. THESE TERMS AND CONDITIONS APPLY TO THE USE OF THIS WEBSITE AT WWW.ROCKDIRECT.COM. BY ACCESSING THIS WEBSITE AND/OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.
The www.rockdirect.com website is operated by:
rock, a division of Stone Computers Limited, a company registered in England, whose registered office is at Granite One Hundred, Acton Gate, Stafford, Staffordshire, United Kingdom, ST18 9AA. Our company registration number is 2658501.
Our VAT registration number is GB747 8788 57
Our contact details are as follows:
Registered Office:
Stone Computers Ltd,
Granite One Hundred,
Acton Gate,
Stafford,
Staffordshire
ST18 9AA
General email: [email protected]
Telephone number: 0845 688 0501
1. INTRODUCTION
1.1 |
You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register. |
1.2 |
We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website. |
2. ORDERING FROM US
2.1 |
You are deemed to place an order with us by ordering via our online checkout process or with a telephone operator. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered. |
2.2 |
Our acceptance of an order takes place when we despatch the order. We will send you a despatch confirmation by email. When we despatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order. |
2.3 |
We may refuse to accept an order:
(a) where goods are not available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or product description error; or
(d) if you do not meet any eligibility criteria set out in our terms and conditions. |
3. PRICING
3.1 |
All prices include VAT (where applicable) at the current rates. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price. |
3.2 |
Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website. |
3.3 |
Our prices are reviewed periodically. |
4. CANCELLATION AND RETURNS POLICY
4.1 |
If you wish to cancel your order:
(a) you can notify us by email to [email protected] before we have dispatched the goods to you; or
(b) where goods have already been dispatched to you, by returning goods to us in accordance with clause 4.2 below. |
4.2 |
You can return goods you have ordered from us for any reason at any time within 7 days of receipt for a full refund or exchange. The costs of returning goods to us shall be borne by you. |
4.3 |
Upon receipt of the goods we will give you a full refund of the amount paid or an exchange credit as required. |
4.4 |
The rights to return the goods to us as referred to in clause 4.3 will not apply in the following circumstances: -
in the event that the product has been used
in the case of software, audio or visual products, where the packaging has been unsealed
to any products that we have made or customised in any way other than through our standard system configurators.
The provisions of this clause 4.4 do not affect your statutory rights. |
5. LICENCE
5.1 |
You are permitted to print and download extracts from this Website for your own use on the following basis:
(a) no documents or related graphics on this Website are modified in any way;
(b) no graphics on this Website are used separately from accompanying text; and
(c) any of our copyright and trade mark notices and this permission notice appear in all copies. |
5.2 |
Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 5.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website. |
5.3 |
Subject to clause 5.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission. |
5.4 |
Any rights not expressly granted in these terms are reserved. |
6. SERVICE ACCESS
6.1 |
While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period. |
6.2 |
Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. |
7. VISITOR MATERIAL AND CONDUCT
7.1 |
Other than personally identifiable information, which is covered under the Privacy Policy (HERE), any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. |
7.2 |
You are prohibited from posting or transmitting to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data). |
7.3 |
You may not misuse the Website (including, without limitation, by hacking). |
7.4 |
We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 7.2 or 7.3. |
8. LINKS TO AND FROM OTHER WEBSITES
8.1 |
Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk. |
8.2 |
If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of any logo belonging to the rock brand;
(b) you do not create a frame or any other browser or border environment around this Website;
(c) you do not in any way imply that we are endorsing any products or services other than our own;
(d) you do not misrepresent your relationship with us nor present any other false information about us;
(e) you do not otherwise use any rock trade marks displayed on this Website without our express written permission;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause 8.2 for breach of these terms and to take any action we deem appropriate. |
8.3 |
You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 8.2. |
9. REGISTRATION
9.1 |
To register with www.rockdirect.com you must be over eighteen years of age. |
9.2 |
Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network. |
9.3 |
Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately. |
9.4 |
We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions. |
10. DISCLAIMER
10.1 |
While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material. |
10.2 |
The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website. |
11. LIABILITY
11.1 |
We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website. |
11.2 |
Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law. |
11.3 |
If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof. |
11.4 |
You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details. |
12. GOVERNING LAW AND JURISDICTION
12.1 |
These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts. |
12.2 |
We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws. |
13. MISCELLANEOUS
13.1 |
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions |
13.2 |
If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect. |
13.3 |
Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999. |
Prepared by Lawyers Direct www.lawyers-direct.biz in association with e-terms.co.uk
Full Terms & Conditions
- 1. Definitions
- 1.1 " Company" means The Stone Group or any of its subsidiaries including that of the rock brand.
- 1.2 " Consumer" any Customer falling within the definition of a “consumer” as found in Section 12 of the Unfair Contract Terms Act 1977
- 1.3 " Contract" means the contract between the Company and the customer to which on any particular occasion these terms and conditions relate
- 1.4 " Customer" means the customer of the Company under the Contract
- 1.5 " Goods" means the goods to which the Contract relates
- 1.6 " Software" means such (if any) of the Goods as are within the meaning of the term as currently used in the computer industry
- 1.7 " Operating System" means MS-DOS or Windows or such other Software as shall be within the meaning of the term “Operating System” as currently used in the computer industry .
- 1.8 " Equipment" means such of the Goods as are not Software
- 1.9 " Special" means only a special condition or term which has been agreed by the Company and which is set out in the part of the Contract signed on behalf of the Condition" Company by a director or other duly authorised person
- 1.10 " RMA" means a Return Merchandise Authority Number as more particularly described in clause 9.2
- 1.11 “ Standard Charges“ means the charges normally made by the Company from time to time as certified in writing by the Company
- 2. General
- 2.1 These terms and conditions shall apply to all Contracts made between the Company and the Customer whether written expressly, mentioned or not save that in respect of Contracts made after the Company has notified the Customer of the issue of a later edition any Contract shall be subject to such later edition.
- 2.2 These terms and conditions shall apply to the Contract save so far as varied by or inconsistent with any Special Condition.
- 2.3 No other term or condition shall have any effect whatsoever, and if after the existence of these terms and conditions has become known the Customer makes or gives to the Company any conditional offer order or acceptance, the Company shall have the right (but shall not be bound) to treat the same as unconditional either in whole or in part as it shall in its absolute discretion think fit.
- 2.4 No Contract for the sales of Goods shall arise until the Company despatches the Goods to the Customer or the Customer notifies the Company of the Customer’s acceptance of the Company’s quotation (whichever shall first occur).
- 2.5 It is intended that these terms and conditions and any Special Conditions shall be reasonable as between the Company and the Customer having regard to the nature of the Contract but if at any time any of them is either unenforceable or void at law it shall not adversely affect or prejudice the remainder of them or the Contract and it shall be deemed to be excluded from these terms and conditions and (where possible) to be replaced by such other enforceable and valid term and / or condition as shall be as near as may be to the original in both form and effect.
- 3. Price
- 3.1 The price for the Goods shall (in the absence of a separate written quotation from the Company) be that on the Company’s current price list.
- 3.2 The Company reserves the right to revise prices up to the despatch of the Goods to reflect any direct or indirect increase in costs to the Company.
- 3.3 All prices are quoted exclusive of charges for carriage and Value Added Tax on the total supply (at the prevailing rate).
- 4. Payment
- 4.1 The price shall be paid on or before delivery of the Goods to the Customer.
- 4.2 If the Company grants any credit terms to the Customer (whether as a Special Condition of the Contract or otherwise) if any sum payable by the Customer to the Company is not paid within seven days of the due date, the Company shall have the right to charge interest on the balance from time to time outstanding at such annual rate as shall be 5% above the base rate of Barclay's Bank Limited from time to time in force calculated on a daily basis from the date on which such sum became due down to the actual date of payment.
- 4.3 The Customer shall make payment of all invoices due to the Company in full and free from any deduction by reason of set-off counterclaim or any other reason of any kind.
- 5. Warranty and Liability of the Company
- 5.1 The Company warrants that:-
- 5.1.1 The Goods will at the time of delivery correspond to the description given by the Company.
- 5.1.2 the Equipment will be capable of supporting the Operating System installed on or supplied with the Equipment but not that any software not supplied by the Company but described as being compatible with the Operating System shall be capable of being supported by the Equipment in whole or in part.
- 5.1.3 Any Software installed on Equipment by the Company at the time of the supply of the Goods will be supported by the Equipment in whole or in part.
- 5.1.4 Any Software sold by the Company and specifically described as being capable of being supported by any particular piece of computer equipment generally supplied by the Company will be capable of being supported on such Equipment in whole or in part.
- 5.2 The Company warrants that it is entitled to sell any Software forming part of the Goods:-
- 5.2.1 Where the Company has loaded Software onto the Equipment such Software is supplied on the basis that it is licensed for use only on the Equipment onto which it is loaded.
- 5.2.2 Where Software is supplied separately on the basis of the manufacturer’s license enclosed with its packaging.
- 5.3 Save to the extent set out in clause 5.1 above the Company gives no warranty that any Goods supplied by the Company are suitable for any purpose for which the Customer may wish to use them and the Customer shall establish the suitability of the Goods for the Customer’s purpose without reference to the Company.
- 5.4 The Company accepts no responsibility for faults related to Software not supplied by it and reserves the right to charge for (any) technical support given or repair undertaken to correct faults.
- 5.5 Except where otherwise provided in favour of the Customer by statute, all other warranties conditions or terms relating to fitness for purpose merchantability or condition of the goods whether implied by statute of otherwise are excluded.
- 5.6 Under no circumstances shall the Company have any liability for normal wear and tear or if (other than by the Company) any part of the Goods is modified or repaired improperly stored or used damaged by accident or neglect or maintained otherwise than or not maintained in accordance with any maintenance requirements specified by the Company to the Customer.
- 5.7 The Company shall not be liable for any loss of use of the Goods or any consequential loss arising out of any defect in the Goods or otherwise.
- 5.8 Save as expressly stated in these terms and conditions the Company shall have no liability whatsoever in respect of any representation warranty undertaking term or condition not expressly incorporated herein and any such as might be implied by statute or otherwise is hereby expressly excluded.
- 5.9 The Company and the Customer have freely and openly negotiated the Contract in the knowledge that the liability of the Company is to be limited in accordance with these terms and conditions and the price has been calculated accordingly the Customer acknowledging that a higher price would be payable but for such limitation.
- 5.10 This warranty applies to approved hardware only, and not others or software.
- 5.11 Non-standard product applications are excluded.
- 5.12 The Company does not cover any damage to exterior surfaces however caused.
- 5.13 We will repair/replace any notebook if it has more than 5 bad pixels on the screen. If the zero dead pixel guarantee has been taken at added cost, we guarantee that the customers / consumers equipment screen will be free of defective pixels for 30 days from receipt.
- 5.14 Batteries are a consumable item and as such are not covered under warranty. Any defective battery will only be repaired / replaced within 6 months of purchase.
- 5.15 The Company is not responsible for any of the customer’s / consumers confidential, proprietary or personal information contained in a machine which the customer’s / consumers return to the company for any reason. The customer / consumers should remove all such information from the machine prior to its return. The customer / consumer should remove or make a backup copy of all such information from the machine prior to its return.
- 5.16 The Company is not responsible for any data loss however caused.
- 5.17 The Company reserves the right to charge (for testing or otherwise) any product, which is ineligible for repair or found to be in satisfactory working condition after initial testing.
- 5.18 Any alteration of equipment not authorised by the company shall constitute a waiver of the warranty by the owner of the equipment or any person acting on behalf of.
- 5.19 The Company warranties do not cover any equipment which has been abused or misused, or on which the serial number has been altered or removed.
- 5.20 Neither party shall be under any obligation to the other for any delay or failure to perform obligation stated herein except failure to pay if the same is wholly or partially caused, whether directly or indirectly by circumstances beyond their reasonable control.
- 5.21 Products are to be returned to the company with a Returns Material Authorisation (RMA) number, obtained from rock Support on 0845 1550 999, clearly marked on the outside of all packaging.
- 5.22 The warranty is not transferable without the consent of the company and only applies to the initial purchaser of the product. If the customer / consumer are selling the notebook, please contact the company regarding the Company’s MOT service whereby we will re-image the equipment, test it and transfer the remaining warranty to the new owner. This service is currently priced at £99 inc. We can transfer any remaining warranty free of charge within the customers first 12 months of ownership.
- 5.23 Carriage is only covered if included in the customers/consumers warranty package for UK mainland only. If the customer / consumer has purchased a 3 year rock warranty from 1st February 2006, the company will cover the full carriage cost for the 3 years anywhere within the EU.
- 5.24 In the unlikely event that the customer/consumer would need to return the notebook to the company for repair, we will not accept liability for damage to the notebook as a result of inadequate packaging. Please retain the original packaging.
- 6. Delivery
- 6.1 Whilst every reasonable effort shall be made to keep to any delivery date, time of delivery shall not be of the essence and the Company shall not be liable for any losses costs damages or expenses incurred by the Customer or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery date.
- 6.2 Unless otherwise agreed the Company may deliver by instalments and in such case each instalment shall be treated as a separate Contract and any delay, default or non-delivery in respect of any instalment by the Company shall not entitle the Customer to cancel the remainder of the Contract.
- 6.3 Failure by the Customer to pay for any instalment or delivery when due shall entitle the Company to withhold further deliveries and the Customer shall be liable for any costs incurred by the Company relating to such Goods which the Company is then entitled to withhold.
- 6.4 Delivery of the Goods shall be made from the Company’s premises and the Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
- 6.5 The Company will on request by the Customer make arrangements for carriage of the Goods within the United Kingdom on the Customer’s behalf and at the Customer’s expense.
- 6.6 Any shortages must be reported in writing within 24 hours of the delivery being made.
- 6.7 The customer will also abide by the terms and conditions of the carrier used on behalf of the company.
- 6.8 The Company reserves the right to charge for failed deliveries and collections.
- 7. Risk and Insurance
- 7.1 The risk in the Goods shall pass to the Customer upon delivery to the Customer or consignment by the Company of the Goods to a carrier for delivery to the Customer
- 7.2 The Company shall only be responsible for Customer's goods at the Company's premises if the said Goods have been duly authorised for return by way of a RMA Number. In the event of theft, loss or damage of any Goods at the Company's premises without authorisation the Company shall not be liable in whole or part.
- 7.3 Until the price payable has been paid to the Company in full and the Customer has complied with all its obligations under the Contract the Goods shall remain the property of the Company and clauses 7.4 7.5 and 7.6 hereof shall apply.
- 7.4 The Company shall have the right at any time prior to the price being paid in full to repossess the Goods whether they be at the premises of the Customer or elsewhere and without prejudice to the other rights and remedies of the Company under this Contract the Customer shall be liable for all transport and other costs and expenses of recovering the same.
- 7.5 If the Customer should sell or otherwise dispose of the Goods to a third party at any time before the Company has received full payment for the same the Customer shall hold and keep the proceeds of sale on trust and/or in a fiduciary capacity for the Company, and the said proceeds of sale shall be and remain the property of the Company (for the avoidance of doubt the Customer shall place the said proceeds of sale in a separate bank account in the name of the Company whether collected by the Customer or not).
- 7.6 The Customer shall adequately insure the Goods with reputable insurers against all insurance risks from not later than the time of their leaving the premises of the Company and at the same time shall also insure them for the benefit of the Company and the Customer and all other people as may in any way connected with the Goods against all known and insurance risks to persons and property which might in any way arise out of the Goods or their use and such insurance shall be for the invoiced value of the Goods plus five hundred thousand pounds on terms whereby the insurers shall be precluded from any rights of subrogation or other rights whereby they would be capable of claiming against the Company or any if its employees or other persons in any way connected with the Company.
- 8. Default of the Customer
- 8.1 If the Customer fails to take delivery of any part of the Goods at the time or place required under the Contract the Company shall have the right:-
- 8.1.1 to charge to Customer with reasonable storage charges until such time as delivery is taken and/or
- 8.1.2 at any time thereafter to give written notice to the Customer requiring the Customer to take delivery of the Goods in accordance with the Contract within a period of 14 days from the date of sending such notice and in the event of the Customer failing to take delivery within such period the Company may by sending further written notice to the Customer treat the Contract as having been repudiated by the Customer and recover from the Customer all losses damages and costs occasioned to the Company by virtue of such repudiation.
- 8.2 If the Customer fails to pay any monies due under the Contract within 7 days of the due date the Company shall (without prejudice to its other rights under this Contract) have the right:-
- 8.2.1 to treat the Contract as having been repudiated by the Customer on the same terms as set out in the foregoing paragraph and/or
- 8.2.2 To enter any premises of the Customer and recover any part of the Goods which have been delivered to the Customer.
- 8.3 The Company shall also have the right to treat any Contract in respect of which the Customer has not paid for the Goods as repudiated by the Customer forthwith an without notice should the Customer become bankrupt or insolvent or make any arrangement or compound with the creditors or should any receiver be appointed in respect of its undertaking or any of its assets or should a judgment be obtained against it and remain unpaid for a period in excess of 28 days.
- 9. Maintenance and Repair
- 9.1 Goods are supplied on the basis that the Company will for the period of one year after the delivery of the said Goods to the Customer repair or replace any Goods which may be defective (for reason other than normal wear and tear or improper modification or repair not carried out by the Company improper storage or use accidental damage neglect or the lack of maintenance carried out in accordance with the Company’s specifications) provided that the said Goods are delivered to the Company’s workshop premises at the cost of the Customer and at the Customer’s risk during transit.
- 9.2 Before returning Goods in accordance with clause 9.1 the Customer must first contact the Company’s Technical Support Department which will issue an RMA Number which will be valid for a period of 14 days from the date of issue by the Company and the Company reserves the right to refuse delivery of Goods after this period.
- 9.2.1 Any Goods returned must have the RMA Number marked clearly on the package and the Company reserves the right to refuse delivery of any Goods returned without a RMA Number or arriving at the Company’s workshop premises after the expiry of the RMA Number’s validity.
- 9.3 The Company will carry out repairs at is Standard Charges
- 9.3.1 following the period of one year mentioned in clause 9.1 or
- 9.3.2 During the said period if the Company determines that it is under no liability to make such repairs provided that the Goods requiring repair are delivered to the Company’s workshop premises at the cost of the Customer and at the Customer’s risk during transit.
- 9.4 Where the company is unable to make contact with the customer to return the product, after one month the company retains the right to dispose of the product in any way it deems suitable.
- 10. Force Majeure
The Company shall be under no liability for any failure to perform all or any part of is obligations under the Contract if such failure shall be due to act of God strikes lock-out labour disputes the effects of any statute or any regulation of any Government public or local or other Authority delay or defaults of suppliers or sub-contractors or non-availability of parts (without prejudice to the generality of the aforegoing) any other causes beyond the reasonable control of the Company and this condition shall apply notwithstanding that is may conflict with any Special Condition.
- 11. No Waiver
The Company’s failure to insist upon strict performance of any provision of the Contract on any one occasion shall not be deemed to be a waiver of its rights or remedies in respect of any other present or any future default on the part of the Customer in performance of the Contract.
- 12. Entire Agreement
These terms and conditions and the Special Conditions (if any) constitute the entire agreement between the Company and the Customer and may not be modified waived amended or supplemented except by written agreement between the Company and the Customer signed by a director or other duly authorised person on behalf of the Company.
- 13. Law
The Contract shall be governed by and implemented in all respects in accordance with the laws of England and any disputes or differences in connection with or arising out of the Contract shall be referred to the Courts of England.
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