These conditions shall apply to any agreement between Trilogic UK ltd and any person, business, individual or company ("the customer") requesting Trilogic UK ltd to repair any goods or parts thereof ("the goods"). The expression "repair" shall include any repair including reformatting, resetting up and virus removal on or in a computer. These conditions apply also to goods left with Trilogic UK ltd for repair, quotation or evaluation, whether left in person or sent via carrier or any other means.
1. Packaging and transit
The customer shall ensure that the item is suitably packed to ensure safety in transit. If inadequate packing is used then the carrier or post office may reject any claim for damage. The customer shall be responsible for transit cover when sending goods to Trilogic UK ltd. When returning goods Trilogic UK ltd shall cover the goods for a maximum of one thousand pounds against loss or damage, if you consider the goods are more valuable than this then you must make it clear to Trilogic UK ltd in the letter, that must be sent with the goods, so that the goods can be returned with increased insurance cover. Any product sent for repair must be accompanied by a contact name, address and daytime telephone number, and full details of the fault(s). If this information is not provided, Trilogic UK ltd will be unable to return your product to you and reserves the right to dispose of your product fourteen days after receiving it.
2. Estimates and quotations
Trilogic UK ltd shall provide free estimates and free quotations for repair faults including reformatting and virus removal before work is undertaken. Trilogic UK ltd reserve the right to re-estimate verbal and written estimates and quotations if work has not been completed, especially if a considerable time has elapsed since the first estimate, or the parts are not now available from the original supplier. Trilogic UK ltd shall be under no obligation to give the customer a written estimate before commencing to repair the goods unless the customer gives Trilogic UK ltd a written request for an estimate. A small charge will be made by Trilogic UK ltd for a written estimate. When an estimate or quotation is given either verbally or in writing, Trilogic UK ltd shall delay commencing work until the customer gives Trilogic UK ltd confirmation by telephone, in person by letter or by email informing Trilogic UK ltd to proceed. Trilogic UK ltd shall not be liable for any misrepresentation made by Trilogic UK ltd, our employees or agents to you as to the nature of suitability of the repair services or the condition of the goods. Except when goods are supplied, on Trilogic UK ltd advice, given in writing that they are suitable for any particular purpose, it shall not be a term of a contract that goods are sold as fit for any particular purpose and this is notwithstanding that Trilogic UK ltd may have, or be deemed to have, knowledge of the purpose for which the goods are required. If there is no form of correspondence to carry out the repair within fourteen days of the date of the estimate, Trilogic UK ltd may sell or destroy the goods at Trilogic UK ltd sole discretion. If the customer does not accept the estimate, Trilogic UK ltd shall attempt to re-assemble the goods to the condition in which they were received but shall not be liable to the customer for any loss or damage whatsoever resulting from its failure so to do. The customer will either collect the goods in person, arrange their own carrier, ask Trilogic UK to return the goods and pay for carriage or ask Trilogic UK ltd to destroy/dispose of the goods.
3. Price
The price of the goods and/or repair services shall be as stated verbally, quoted or estimated and includes the cost of all parts and labour and may be inclusive of vat but shall exclude any and all carriage charges. The price may be varied as stated in section two above. Transit liability insurance unto one thousand pounds is included when Trilogic UK ltd return goods to you. If you consider the goods are more valuable than one thousand pounds then refer to section one above.
4. Repair procedure
Trilogic UK ltd shall attempt to diagnose the fault(s) and repair the goods, however, in the case of goods which are beyond economical repair, Trilogic UK ltd will attempt to inform the customer and determine if the goods should be returned to the customer, at the customers expense, or destroyed or collected by the customer or his/her representative from Trilogic UK ltd premises. Repair time usually takes one to three working days which may be subject to delays where parts are unavailable or delayed from the suppliers or the fault is very difficult to isolate and complete the repair.
5. Cancellation or delay of repair
Where Trilogic UK ltd provides quotes for the repair, completion dates will be approximate only and Trilogic UK ltd shall not be liable for any loss whatsoever resulting from failure to meet such dates. Trilogic UK ltd may postpone or cancel any repair work at any time without reason and without notice. If the customer cancels the order for the repair of the goods after accepting the verbal or written estimate or quotation then a part or full charge of the estimated or quoted price may be made to cover the expenses and time that Trilogic UK ltd may have incurred
6. Payment
Payment of Trilogic UK ltd charges shall be made before or when the goods are dispatched or collected from Trilogic UK ltd premises or within fourteen days of the date of notification mentioned in section two, whichever is earlier. If the customer shall fail to pay all sums due for the repair or to collect the goods or pay for carriage within fourteen days of the date of the notification mentioned in section two Trilogic UK ltd may forthwith sell or destroy the goods. All repair prices quoted includes vat unless otherwise stated, spare parts and labour. Carriage or postage will be charged where the customer is not collecting the goods in person or by proxy. Payments can be made via cash, debit card, bank transfer or cheque (a cheque must clear before Trilogic UK ltd will release the goods).
7. Collection and despatch
Repaired goods must be paid for in full and collected within fourteen days of the customer being notified that the goods are repaired or ready for collection. Alternatively, Trilogic UK ltd shall despatch the goods and insure against transit damage or loss up to a maximum of one thousand pounds or greater provided Trilogic UK ltd has been notified in writing of the value of the goods, except where the goods are repaired under warranty, at the customer's expense. Notification of damage must be communicated in writing to Trilogic UK ltd within three days of delivery. Notification of non-delivery must be communicated in writing Trilogic UK ltd within seven days of the date of the dispatch note or invoice.
8. Delivery
Delivery dates are given in good faith but are estimates only. Time for delivery shall not be of the essence of the contract. Trilogic UK ltd shall not be liable for any damages whatsoever whether direct or indirect (including for the avoidance of doubt any liability to any third party resulting from any delay by Trilogic UK ltd in delivery of the goods or failure to deliver the goods in a reasonable time whether such a delay or failure is caused by Trilogic UK ltd negligence. Unless the customer shall within five working days of receipt of the repaired item, give written advice of rejection, the customer shall be deemed to have accepted the repair. Signature of the carriers delivery note indicates that the goods have been delivered and accepted in good condition. Any damages/loss must be reported to Trilogic UK ltd in writing within twenty four hours of receipt of delivery. The original packaging must be retained with the article until further instructions are provided. Please be aware that if the consignment has been signed stating that the delivery was received in good condition we will be unable to uphold any claim. You shall inspect the goods and/or equipment at the place and time of unloading or if this is not practical sign for the goods 'unexamined'. Trilogic UK ltd liability for short delivery (ie item(s) missing) is limited to making good the shortage. Trilogic UK ltd shall not be liable for any damages whatsoever for short delivery howsoever caused and you remain liable to pay the full invoice price of all goods delivered or available for delivery. Unless you retain and make available for inspection the goods and/or equipment and their packaging Trilogic UK ltd will not be liable for any loss or damage in transit.
9. Warranty
Workmanship and materials used Trilogic UK ltd in any repair of any goods, have warranty for ninety days, from the date of repair to be free from defects under normal use. Only item(s) replaced by Trilogic UK ltd are covered by warranty. Trilogic UK ltd obligation under such repair warranty is limited to repairing the original defects as stated by the customer by letter or verbally when the goods are left at Trilogic UK ltd premises and subject to the equipment being accompanied by proof of repair by Trilogic UK ltd. Together with a detailed defect description. If the item(s) are found to be not faulty then a charge may be made at Trilogic UK ltd discretion. The repair warranty is void if any repairs are undertaken by the customer or any other company or individual, or equipment is misused, neglected, damaged or if any defects arises from battery leakage, liquid damage, damp, viruses, electrical voltage fluctuations, lightning, ionizing radiation, excessive heat, g-forces due to dropping/banging, magnetic fields or a warranty seal has been removed or tampered with. Additionally, where screens are replaced, any scratch(s) will also void the warranty on the screen. Trilogic UK ltd will return goods carriage paid providing the goods are within the warranty as stated above, Trilogic UK ltd will not refund any customers' carriage costs in returning any goods to Trilogic UK ltd for warranty repairs regardless of qualifying or otherwise under the conditions of the warranty. Goods will not be returned carriage paid where goods are brought in person to Trilogic UK ltd premises, they must be collected in person from Trilogic UK ltd premises after repair or assessment.
10. Data
Trilogic UK ltd will endeavour to ensure that any data on your hard drive and/or other media is not lost. Trilogic UK ltd cannot accept any liability whatsoever, nor pay any compensation for loss of any or all of the aforementioned data. Trilogic UK ltd cannot be held responsible for any data loss or damage caused to a product whilst being sent to or from Trilogic UK ltd by the carrier or other agent. Trilogic UK ltd exclude any liability for any indirect or consequential loss, damage or expensed by data loss or corruption.
11.general
The construction, validity and performance of a contract shall be governed and interpreted according to the law of England and you agree to submit to the exclusive jurisdiction of the English courts in any dispute or difference arising between the customer and Trilogic UK ltd in relation to a contract. The headings in these terms are for convenience only and shall not affect their interpretation. Except as provided otherwise in these terms we shall not be liable for any delays or failures to perform any of Trilogic UK ltd obligations under this contract due to any cause beyond Trilogic UK ltd reasonable control including industrial action. Failure by Trilogic UK ltd to enforce a term or terms of a contract as soon as it may be enforced shall not prevent the subsequent enforcement of that or any other term of the contract. The non-enforcement by Trilogic UK ltd of any of the terms of a contract shall not constitute a waiver unless this is stated by us in writing. If any clause or sub-clause of these terms is held by a competent authority to be invalid or unenforceable the validity of the other clauses and sub-clauses of these terms shall not be affected and they shall remain in full force and effect. Trilogic UK ltd may assign or sub contract all or any of Trilogic UK ltd obligations under this contract to a competent third party. Termination of this contract shall not affect rights and obligations, which have already accrued at the time of termination. A person (a "third party") who is not a party to this contract has no right under the contracts (rights of third parties) act 1999 to enforce any of its terms notwithstanding that any such term may purport to confer or may be construed as conferring a benefit on such third party. This does not affect any right or remedy of such third party, which exists or is available irrespective of the said act.