Terms and Conditions
1.1 Any repair work undertaken by us shall be subject to the Terms and Conditions set forth herein to the extent no other agreements have been explicitly made.
1.2 In the event of conflicts, the following terms and conditions shall take precedence.
- Repair Work
2.1 We will undertake the professional handling of repair work ordered by Customer. Unless a different scope of work has been agreed upon in writing, the repair work covers the performance of works that are identified as necessary (a) on the basis of the details provided by Customer, (b) on the basis of our examination of the item to be repaired, and (c) during the course of the repair work.
2.2 All PVC products need to be declared prior to booking of repairs.
2.3 We are entitled to engage third parties to carry out the repair work.
- Quote and Shipping
3.1 Payment shall be made after repair is complete. Pursuant to section 5, in the event that we discover any additional issues that require additional payment of more than 15%, we shall notify you before attempting any further repair.
3.2 Any material required will be invoiced separately. If during the repair work we use small parts such as screws, washers etc., we are entitled to charge a flat fee for small parts to simplify invoicing.
3.3 Shipping costs (packaging, transport and insurance) shall be borne by Customer. We may charge a flat fee for shipping costs. We use Parcel force to return the items to you and have insurance attached.
3.4 All prices are quoted as net prices and do not include value added tax, which is to be paid additionally by Customer in the amount specified by applicable law.
- Terms of payment
4.1 Unless otherwise agreed, our invoices shall be due without any deductions as soon as we have provided the repair work and issued an invoice.
4.2 We may charge a late payment fee in our own discretion. This foregoing shall not limit other claims and rights we may have. If partial payments have been agreed, we may immediate demand payment of the full amount in case of the non- or untimely payment of partial amounts or subsidiary claims.
4.3 Unless and until complete payment is received, items will remain in Company’s possession. After 60 days of no payment you agree that all items shall transfer into Company’s ownership.#
4.4 A storage charge will apply after 14days of payment request.
- Cost estimate
5.1 Repair costs stated in cost estimates are guidelines estimated on the basis of the information Customer provides and following the examination of the item. We cannot guarantee the accuracy of cost estimates. It is therefore expressly noted, that cost estimates are not given with express warranty for their accuracy. If while repairing the item it becomes clear that more extensive repair work is necessary, we are authorized to complete the work without seeking confirmation from Customer, provided this does not cause the overall repair costs to exceed the estimated price by more than 15%. Otherwise we will inform Customer that we expect the cost estimate to be exceeded and will present a new estimate to Customer. In the case of imminent danger we are authorized to complete the necessary repair without Customer confirmation even if the repair costs then exceed the cost estimate by more than 15%.
5.2 If on the basis of a cost estimate Customer decides not to order or continue with the repair work, we are entitled to charge for the cost of preparing the cost estimate and for any repair work performed up to that point.
- Repair times
6.1 We will start carrying out the repair work ordered by Customer within a reasonable period of time. Repairs are usually complete within 5-10 business days. Unless a binding deadline has explicitly been agreed, completion deadlines communicated to Customer are non-binding. We will carry out on-site repairs within a reasonable period of time within the framework of sensible tour planning for our repair service staff.
6.2 If the performance of our obligations is delayed or impeded by circumstances which cannot be prevented with reasonable care, in particular by force majeure, strikes, lockouts, stoppages, scarcity of materials and energy, incorrect or late delivery despite a careful choice of supplier, the period of time for the repair work will be extended by the duration of the hindrance. If a party provides substantive evidence that it cannot reasonably accept such an extension, it is entitled to withdraw from the contract, without the right to any claims for damages, in so far as the contract has not yet been fulfilled. Any further claims Customer may assert are excluded. Company shall be entitled to charge for the cost of preparing the cost estimate and for any repair work performed up to that point
6.3 If Customer proves to have suffered damages due to our delay in carrying out repair work, our obligation to pay compensation in case of slight negligence will be limited to the amount of 1% of the present fiscal value of the item per completed calendar week only, but no more than 5% of the present fiscal value of the item. Any further claims for damages against us due to delay are excluded except in case of our intent or gross negligence.
- Customer’s cooperation obligations
8.1 Customer shall provide us with the item to carry out the repair work and shall inform us of the problems that have occurred and of peculiarities with regards to the item to be repaired.
9.1 After the repair work has been completed, Customer is obliged to accept duly performed repair work immediately. Customer may not refuse acceptance on the grounds of insignificant defects which will not affect the operation of the item.
9.2 If Customer does not state Customer’s refusal to accept the repaired item within 60 days after the repair work ended or after the repaired item was handed over to Customer, the repair work shall be deemed to have been accepted.
10.1 We will meet warranty obligations by remedying repair work free of charge and by repairing or replacing defective material free of charge if Customer demonstrates to us that a repair work has not been carried out properly.
10.2 Customer agrees to provide at least two attempts for the Company to remedy any issues. A partial refund can and may be offered up to 90 days of repair at our discretion.
10.3 Faults occurring in a repaired item which are not caused by defective repair, in particular faults due to natural wear and tear, caused by improper handling or other outside influences, are not covered by the warranty.
10.4 The warranty period shall be 30 days. The restart of the warranty period after remedial works have been undertaken shall be excluded except in cases where the defects had been caused by our intent or gross negligence. Customer shall not be entitled to claim consequential damages.
10.5 If the examination of a warranty demand shows that there is no warranty case, the performance and invoicing of the examination and, where appropriate, elimination of the fault will be carried out under these Terms and Conditions at the current price.
- Liability for damages
11.1 If Customer is unable to use the repaired item in conformity with the contract through our fault, as a result of improper repair works or advice given to the Customer before or after the conclusion of the contract or through our infringement of other additional contractual obligations, the terms of sections 10, 11.2, 11.3 and 11.4 will apply accordingly to the exclusion of any further claims of the Customer.
11.2 We shall only be liable –on any legal grounds whatsoever– for damage which is not caused to the repaired item itself in the following cases:
– gross negligence
– damage to life, body and health
– defects we have concealed fraudulently, or
– defects of which we have guaranteed the absence.
11.3 In the event of the culpable violation of substantial contractual obligations (obligations the breach of which puts the fulfilment of the purpose of the contract at risk), we shall also be liable for ordinary negligence; however this liability shall in terms of the amount be limited to damage that could reasonably have been foreseen and that is typical for a contract of this nature.
11.4 Any claims of Customer going beyond the scope of sections 11.1 to 11.3 shall be excluded.
- Governing Law
The laws of England and Wales govern these terms and conditions. By accessing this website and using our services or buying our products you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.