If within 1 calendar months of their being delivered any defect in the goods is discovered which is directly due to faulty materials or workmanship, or if a valid claim is made by the customer under Condition 5(a) - see below
hereof, the company will at its option remedy the defect or damage by replacement or repair or give a credit note to the customer to be utilised firstly against existing indebtedness and then future purchases within two months of the credit note date.
The guarantee will be subject to the following conditions:-
it will not apply defect or damage resulting from any alteration, modification to the goods without the company's prior written consent, incorrect storage, normal wear and tear, overloading, misuse, abnormal conditions of use, incorrect installation by anyone other than the company, maintenance or repair not carried out by the company, use which is not in accordance with the company's or the manufacturer's instructions, any act or omission of the customer or any third party or any fault in any other goods or equipment. In the supply of refurbished / 2nd user goods, commensurate cosmetic wear and tear is an implied precondition of all goods supplied, unless stated as otherwise by a legal representative of the company in writing.
The customer must complete and submit the company's Returns Material Authorisation form in relation to any such defect or damage. If it appears to the company from the information submitted on the RMA form that such defect or damage is covered by the guarantee then a RMA number will be issued confirming the goods in question maybe returned, subject to verification by the Company after inspection of the goods. RMA numbers issued by the company are valid for 10 days from the date of issue. After this period the RMA log is closed and a new RMA number must be obtained.
allegedly defective or damaged goods must be returned to the company carriage paid at its address stated overleaf, together with their original packaging and all related manuals and accessories. Please ensure that the goods/parcels in question are both packaged in the appropriate fashion and clearly labelled with the relevant RMA number. Failure to do so may result in the products/parcels being refused at our Warehouse.
if the customer makes any claim in relation to any goods falling outside the terms of the guarantee the company may charge the customer, please refer to Midlands I.T Recycling Limited t/as CompuClear Return Authorisation Form for the current charges relating to inspection and NFF fees information. The customer must collect any returned goods within 5 days of notification that they are not covered by the guarantee or on written instructions from the customer, the company will dispose of the goods. Failure to do so will result in the customer having to pay storage charges of £2.00 plus VAT per unit for each day or part of a day from the end of that period until collection.
the guarantee will apply to goods replaced or repaired under the guarantee for the balance of the original guarantee period.
Unless the company otherwise decides, a credit note for use in accordance with clause 10a will only be given if the customer notifies the company of the alleged defect, damage or discrepancy within 3 days of the customer's receipt of the goods.
EXCLUSION OF LIABILITY
The guarantee in condition 10 will be in substitution for all other terms, warranties and conditions, express, or implied, statutory or otherwise in relation to the goods (except for the company's title to them) which are hereby excluded to the fullest extent permitted by law.
Neither the company nor its servants and agents will be liable in contract or in tort (including negligence) nor in any other way for any consequential or indirect loss, liability or damage or for any other claim for consequential compensation whatsoever (including loss of profit, costs or expenses or loss of data) arising howsoever from or in connection with the agreement or any breach or non-performance of any provision of it by the company or any fault in or the supply , use, presence or resale of the goods.
Excluding the company's liability arising under Condition 10, all warranties or Conditions implied by law regarding the goods and without affecting Conditions 11(a) and (b), the aggregate liability of the company whether arising in contract or tort (including negligence) or otherwise howsoever for any loss, cost, damage, injury or liability (whether consequential or indirect or otherwise) resulting from or in connection with the agreement or any such breach or other matter as is referred to in Condition 11(b) will be limited to an amount equal to the net invoice value of the goods.
The limitation on any exclusions from liability contained in these Conditions shall be subject to the provisions of section 2(1) of the Unfair Contract Terms Act 1977.
The Company shall not be liable for the loss or damage to the software programs during the repair or upgrade of any goods whether or not the same are under warranty.
RETURNED GOODS AND CANCELLATIONS
The customer shall not return any goods (except in accordance with Condition 10) or cancel any orders without the company's previous written consent. Such consent will not be given where goods have been specially purchased by the company to meet the customer's requirements. If the company in its discretion gives consent, it reserves the right to make a cancellation charge of 25% (or such higher percentage as may be notified to the customer before or when such consent is given by the company) of the contract price of the goods concerned plus VAT
LOSS OR DAMAGE IN TRANSIT
The company will not be responsible for damage to any of the goods or loss of the goods or part thereof in transit or for any discrepancy between the goods delivered and the contracted goods to the company unless the customer gives written notice of a claim to the company and to the carrier (as appropriate).
in the case of damage or discrepancy within 3 days after having received the goods and
in the case of loss or shortage within 3 days of the date of delivery of the other goods under the relevant consignment.
If applicable the customer will be asked to complete and submit the company's Discrepancy Log form, from which an investigation into the alleged loss, descrepancy or damage will be undertaken. The customer will also be asked to sign a copy of the company's carrier's delivery manifest as acknowledgement of receipt of goods. The customer should inspect the goods carefully as an unqualified signature shall be deemed to signify the customer's acceptance that the goods are in good condition.
