1. These terms and conditions are made between Staffords Limited/Repair it Reuse it (“the Supplier”) and the Customer and shall apply to all requests for repair/service placed by the Customer and adopted by the Supplier whether written or oral and whether expressly mentioned or not.
2. In the event that the customer does not receive the repair/ service specified in this order the Customer shall notify the Supplier within 7 days of the date of the invoice.
3. The Customer shall inspect the goods after the repair/ service has been completed and any defect must be notified in writing within 7 days after completion of the repair/service otherwise it is expressly agreed that risk passes to the Customer 7 days after completion of the repair/service.
4. If the Customer shall fail to give notice as required in 3 then the repair /service shall be deemed in all respect to be in accordance with the contract and the Customer shall be deemed to have irrevocably and unconditionally accepted the repair/service as being completely satisfactory.
5. The Supplier shall not be liable for any loss, cost damages or expenses suffered by the Customer or any other person or company howsoever arising out of any failure to meet any estimated repair/service or installation date.
6. The Supplier hereby expressly excludes to the extent permitted by the law and liability (arising in contract or in tort howsoever arising) for
i. Consequential loss or damage caused by or arising out of the repair or service of the equipment or occurring in respect of the equipment, and
ii. Loss or damage due to fair wear and tear and negligence or improper use, operational use, operation, storage, or handling other than strictly in accordance with the Supplier’s written or oral instructions during the course of the repair or service.
iii. Loss, injury or damage (including consequential loss) arising from fire, accident industrial dispute, civil disturbance or any other act or accidental default interfering with the repair/service of the equipment and beyond the control of the Supplier.
7. It is a condition of the contract that the parts/consumables delivered by the Supplier to the Customer shall remain vested in the Supplier until payment due under all orders placed with the Supplier by the Customer has been made in full. The Supplier may repossess any parts/consumables in respect of which payment is overdue by 30 days from the date of the delivery and thereafter resell the same, and for this purpose the Customer hereby grants irrevocable right and licence to the Supplier and its servants and agents to enter upon all or any of the Customer premises in normal business hours; this right shall continue to subsist notwithstanding the termination of the contract for any reason and is without prejudice to any other rights of the Supplier.
8. Until the payment in full has been made the Customer shall hold the parts/consumables as bailee in a fiduciary capacity for the Supplier and it shall be the responsibility of the Customer to keep the parts/consumables in good repair and condition at his own expense.
9. Subject to any indulgence granted by the Supplier to the Customer in respect of specific orders for repair/service it is hereby agreed that if the Customer is in default in payment after 60 days from the date of completion of the repair/service interest shall be payable in respect of the outstanding monies at a rate per annum which is 5% above the Barclays Bank Plc base lending rate from time to time and also responsible for all legal costs incurred by the Supplier in collecting any payments overdue.
10. These terms and conditions shall in all respects be governed and construed in accordance with English Law.