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PROTECT AND RESPECT YOUR INVESTMENT WITH MENDIT
Warranty
Terms and Conditions
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These Terms are incorporated into every Warranty
Agreement between You, the customer, and MendIT to
purchase extended warranty cover following expiry of
the manufacturer’s guarantee for the Equipment.
1. INTERPRETATION
1.1 In these Terms:-
1.1.1 “the Commencement Date” means the date on which these
Terms become effective;
1.1.2 “Consequential Loss” means consequential loss including but not
limited to any financial loss or the cost of business interruption
arising from the loss of use of the Equipment or the loss of information
contained in or stored on the Equipment, any time and cost involved
in the reinstating of such information and any liability to any third
party for delay or non-performance of any contract with the third
party. Consequential Loss shall also include loss of use of any item of
Equipment (not itself covered by the Services due to its
incompatibility with any item of Equipment repaired or replaced
under this MendIT warranty;
1.1.3 “the Equipment” means desktop, laptop or other computer
equipment supplied to customers located in the mainland UK (ie.
excluding Northern Ireland, Isle of Man, Shetland Islands and all other
islands in the UK) which is registered within the Registration Period
for the MendIT warranty;
1.1.4 “the Location” means the customer’s business premises or
home, at which the Equipment is registered within the United
Kingdom;
1.1.5 “MendIT” means MendIT (company number7423708) trading as
MendIT;
1.1.6 “Mechanical Electrical Breakdown” means the actual and sudden
mechanical/electrical failure or breakdown which results in the
sudden stoppage of the Equipment’s normal function, which
necessitates repair to resolve those functions;
1.1.7 “Registration Period” means within [90 days][12 months] of the
date of purchase of the Equipment;
1.1.8 “Normal Working Hours” means between the hours of 9.00am
and 5.30pm each day excluding Saturdays, Sundays and public holidays
in the United Kingdom;
1.1.9 “the Services” means repair as a result of Mechanical
Electrical Breakdown during the Warranty Period by one of the
warranty service options agreed to be provided by MendIT; and
1.1.10 “Warranty Period” means the warranty period specified in
your MendIT Warranty, being either 1 or 3 years from the date
of equipment purchase.
2. THE SERVICES
2.1 You are entitled to the Services in accordance with these Terms if
a repair is required to your Equipment within the Warranty Period for
reasons of Mechanical Electrical Breakdown.
2.1.1 Pick up and return warranty service Your MendIT warranty may
include a pick up and return warranty service. Under the terms of the
pick up and return warranty servic
Equipment from your location, repair it and return it to your location.
Subject to clause 3, MendIT will incur all collection, repair, re-delivery
and insurance costs for this type of service.
2.1.2 Return to base warranty service Your MendIT warranty may
include a return to base warranty service. Under the terms of this
service, you will be required to have your Equipment delivered to
a MendIT authorised service location for warranty repair. You must
pre-pay all postage and shipping charges associated with
transportation of the Equipment to the repair location.
The Equipment is at your risk of loss during delivery to MendIT
so you should insure it. MendIT will return the repaired Equipment
to you and incur all delivery and insurance costs to return the
Equipment to you, except in the
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e, MendIT will pick up the defective
circumstances of clauses 3.1 or 3.2, when MendIT shall be entitled to
make a charge of £25 for investigating a warranty repair not covered by
this warranty and you will be responsible for collection or the delivery
and insurance costs for return of the Equipment to you.
2.1.3 On site warranty service Subject to clause 3, your MendIT
warranty may include an on site warranty service. Under the terms of the
on site service, MendIT may at its sole discretion determine if a defect
can be repaired:- by the use of a replacement part; or by a service
call at the location of the defective equipment. If MendIT determines
an on site service visit is required to repair the defective Equipment,
the on site visit will be scheduled during Normal Working Hours.
2.1.4 The on site service shall be limited to locations on the UK
mainland (ie. Excluding Northern Ireland, Isle of Man, Shetland Islands
and all other UK islands).
2.1.5 Warranty service delivery methods MendIT warrants its
delivery service on the Equipment via several delivery methods.
Unless otherwise stated, all responses are measured from the time you
call MendIT with the claims information:- on site: MendIT aim to ensure
that your problem will be responded to within 8
Normal Working Hours of your first notification of Equipment failure
and aim to ensure the Equipment will be operating within 5 days of
the on-site visit; return to base: MendIT aim to ensure the Equipment
will be operating and returned to you within 5 days of receipt at
MendIT’s workshop location; pick up and return: MendIT will agree a time
of collection with you and MendIT aims to ensure the Equipment will
be operating and returned to you within 5 days of receipt at MendIT’s
workshop location.
2.1.6 Warranty service is restricted to 30 days from registration
of equipment.
3. CHARGES
3.1 If MendIT determines that any fault reported is not c
the warranty service, you will be contacted to determined whether
such faults could be repaired for a charge or whether the Equipment
should be returned as received. All associated transportation and
handling costs and any abortive site visit are charged to you and
payable before we carry out any chargeable work.
3.2 MendIT shall make a charge of £125 for on site visits and £25 for
collections under the pick up and return service which are:
3.2.1 made at your request by reason of any fault in the Equipment
due to causes not covered by the warranty service; or
3.2.2 made at your request but which MendIT finds are frivolous or
not necessary; or
3.2.3 which prove abortive as there is no representative at the location for
the booked on site visit, or pre-arranged collection of the Equipment.
3.3 Any spare parts which are not included in MendIT’s warranty shall
be supplied by it at its list prices from time to time in force.
3.4 Any charges payable by you hereunder shall be paid (unless otherwise
provided elsewhere in these Terms) upon receipt of MendIT’s
invoice therefor and before the Equipment is collected or returned.
3.5 The charges payable under these Terms are exclusive of Value
Added Tax which shall be paid by you at the rate and in the manner
for the time being prescribed by law.
3.6 If any sum payable under these Terms is not paid within 7 days
after the due date, then (without prejudice to MendIT’s other rights
and remedies) MendIT reserves the right to charge interest on such
sum on a day to day basis (as well after as before any judgment)
from the date or last date for payment thereof to the date of actual
payment (both dates inclusive) at the rate of 2 per cent above the
base rate of HSBC Bank Plc from time to time in force compounded
quarterly. Such interest shall be paid on demand by MendIT.
In addition MendIT shall be entitled to suspend provision of the
Services until such time as the payment is made.
overed by
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4. EXCEPTIONS
4.1 The Services are limited to Mechanical Electrical Breakdown during
the Warranty Period and exclude:-
4.1.1 any repair of the Equipment which is necessitated as a result of
fair wear and tear;
4.1.2 failure or fluctuation of electric power, air conditioning, humidity
control or other environmental conditions; or
4.1.3 accident, loss or damage in transit, neglect, misuse, malicious
or intentional damage, abuse, contamination or default by you, your
employees or agents or any third party or other external carriers; or
4.1.4 any fault in any attachments or associated equipment (whether
or not supplied by MendIT) which do not form part of the Equipment;
or
4.1.5 act of God, terrorism risk, fire, flood, war, nuclear risk, sonic
boom, act of violence, or any other similar occurrence; or
4.1.6 any attempt by any person other than MendIT’s personnel to
adjust, repair or maintain the Equipment; or
4.1.7 any head crash or failure of fixed or removable storage media;
or
4.1.8 corrupted or conflicting software installed or as a result of a
virus infection; or
4.1.9 any inoperability or compatibility issues that may arise when
parts intended for one system are installed in another system of a
different make or model; or
4.1.10 any fault occurring as a result of your failure to follow the
manufacturer’s instructions for the use of the Equipment; or
4.1.11 damage caused by foreign objects or substances; or
4.1.12 any repair where the manufacturer’s repairer’s seal is broken
on the Equipment.
4.2 The Services also exclude:
4.2.1 any repair or spare part covered under any other guarantee,
warranty, maintenance, rental, hire or lease agreement you may have
with a third party and including but
not limited to the manufacturer;
4.2.2 the provision of Services on site other than at the Location
(or such other location as MendIT shall have approved in writing);
4.2.3 repair or renewal of expendable or consumable parts including
but not limited to tapes, disk packs, printing cartridges;
4.2.4 maintenance or support of the operating system of any
computer;
4.2.5 electrical or other environmental work external to the
Equipment;
4.2.6 maintenance of any attachments or associated equipment not
supplied by MendIT which do not form part of the Equipment;]
4.2.7 recovery or reconstruction of any data or programs lost or
spoiled as a result of any b
4.2.8 any repair relating to a manufacturing fault or manufacturer’s
recall.
5. REPLACEMENT
5.1 MendIT reserves the right to replace the whole of the Equipment
or any part or parts thereof which may be found to be faulty if spare
parts are unavailable or, in the sole
opinion of MendIT, it is not economically viable to repair the
Equipment.
5.2 MendIT shall at the time of any such replacement notify you in
writing of the serial numbers of the replacement Equipment.
5.3 If the replacement Equipment is not equipment which is identical
in all respects to the removed Equipment, MendIT shall inform you in
writing at the time of replacement. The replacement Equipment shall
not in any event provide less than an equivalent level of performance
and functionality to the removed Equipment.
5.4 The replacement Equipment shall become your property.
The removed Equipment removed pursuant to this clause 5 shall
become the property of MendIT.
5.5 These Terms shall apply to all renewals of any part or parts of the
Equipment made by MendIT during the Warranty Period.
5.6 Before removing any Equipment or part thereof, you may request
that MendIT, for a charge of £50, (and provided that the condition of
the removed Equipment reasonably allows) provides you with a data
copy service of all information or data which may be stored on the
reakdown of or fault in the Equipment; or
removed Equipment. MendIT thereafter undertakes not to disclose
any such information or data but to expunge it forthwith from the
removed Equipment.
5.7 Should the Equipment be replaced pursuant to this clause 5, then
the extended warranty terms shall cease.
6. DURATION
6.1 These Terms shall continue for the Warranty Period but shall be
subject to earlier termination as provided elsewhere in these Terms.
7. YOUR OBLIGATIONS
7.1 During the continuance of this Agreement you shall: Use and Care
of the Equipment
7.1.1 ensure that proper environmental conditions are maintained for
the Equipment and shall maintain in good condition the accommodation of the Equipment, the cables
and fittings associated therewith and the electricity supply thereto;
7.1.2 not make any modification to the Equipment without MendIT’s
prior written consent;
7.1.3 keep and operate the Equipment in a proper and prudent manner in accordance with the manufacturer’s operating instructions;
7.1.4 ensure that the external surfaces of the Equipment are k
clean and in good condition and shall carry out any minor maintenance recommended by the manufacturer from time to time;
7.1.5 save as aforesaid, not attempt to adjust, repair or maintain the
Equipment and shall not request, permit or authorise anyone other
than MendIT to carry out any adjustments, repairs or maintenance of
the Equipment;
7.1.6 use on the Equipment only such operating supplies as the manufacturer shall recommend in writing; Access – in the event of on-site
warranty services
7.1.7 upon reasonable notice, provide MendIT with full and safe access to the Equipment for the purposes of these Terms;
7.1.8 provide adequate working space around the Equipment for the
use of MendIT’s personnel;
7.1.9 have a representative present at the location when MendIT
provide on site warranty Services;
7.1.10 ensure that all manufacturer’s labels (such as serial numbers)
are in place, accessible and legible; Registration, Notification and Infor-
mation in order to claim your Warranty support, the Equipment must
have been registered within the Registration Period and you must:-
7.1.11 promptly notify MendIT, providing the Equipment type and
product number/serial number and reference number on your warranty agreement, if the Equipment needs
repair or is not operating correctly. Failure by you to so Register
the Equipment and to so notify MendIT within 30 days of you first
becoming aware of such failure or
incorrect operation shall free MendIT from all obligations to investigate or correct such failure or incorrect operation; Miscellaneous
7.1.12 provide such telecommunication facilities as are reasonably
required by MendIT for testing and diagnostic purposes at your
expense;
7.1.13 before releasing any Equipment for Service and prior to any on
site warranty visit, be sure to back up data, keep full security copies of
your programs, databases and
computer records in accordance with best computing practice and
remove any confidential, proprietary or personal information.
7.2 Before we provide the Services, you should consider:-
7.2.1 making a back up of any data you have only on the computer
or storage device which is to be the subject of or to be used in the
performance of the Services;
7.2.2 making a written note of any configuration settings or information stored on any equipment or computers;
7.2.3 where the equipment is a computer, downloading and installing:- any
system you use; and any available updates to virus-checking and other
computer protection software you use.
8. SPARE PARTS
8.1 MendIT shall not be liable for any delay in performing its obligations hereunder by delay in the supply to MendIT of spares parts or
available security and protection updates for the operating
ept
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components by their manufacturers,
suppliers or agents or if any recommended spare parts are not available (otherwise than due to MendIT’s fault).
9. PERSONAL DATA
9.1 In performing its Services under this Agreement MendIT may
process (albeit for diagnostic or investigative purposes only) your personal data. MendIT hereby warrants to you that in such circumstances
it will in respect of such personal data observe all the obligations
pertaining to a data processor under the Data Protection Act 1998
and will indemnify you against all breaches of the said Act by it in
respect of your data.
10. YOUR WARRANTY
10.1 You hereby warrant to MendIT that you have not been induced
to enter into these Terms by any prior representations or warranties,
whether oral or in writing, except as specifically contained in these
Terms and you hereby irrevocably and unconditionally waive any
right you may have to claim damages for any misrepresentation not
contained in these Terms or for breach of any warranty not contained
herein (unless such misrepresentation or warranty was made fraudulently) and/or to rescind these Terms.
11. LIABILITY
YOUR ATTENTION IS IN PARTICULAR DRAWN TO THE FOLLOWING PROVISIONS
11.1 Subject to the provisions of clause 9, MendIT shall not be liable
for any loss or damage sustained or incurred by you or any third
party (including without limitation any loss of use of the Equipment
or loss or corruption of your programs or data) resulting from any
breakdown of or fault in the Equipment unless such breakdown
or fault is caused by MendIT’s negligence or wilful misconduct, its
employees, agents or sub-contractors, or to the extent that such loss
or damage arises from any unreasonable delay by MendIT in providing
the Services and then only to the extent not excluded by these Terms.
11.2 MendIT shall indemnify you and keep you fully and effectively
indemnified on demand against any loss of or damage to any property
or injury to or death of any person caused by any negligent act or
omission or wilful misconduct by MendIT, its employees, agents or
sub-contractors.
11.3 You shall indemnify MendIT and keep MendIT fully and effectively
indemnified on demand against any loss of or damage to any property
or injury to or death of any
person caused by any negligent act or omission by y
misconduct, or that of your employees, agents or sub-contractors.
11.4 Except in respect of injury to or death of any person (for which
no limit applies) MendIT’s liability is expressly limited to the cost of
repair including replacement of any hardware components of any part
of the Equipment which malfunctions in conditions of normal use or
the cost of replacement of the Equipment if the Equipment is not
economically repairable or due to non-availability of spare parts. This
limitation applies where any claim is made under this warranty or as a
tort claim (including negligence), a contract claim or any other claim.
11.5 Notwithstanding anything else contained in these Terms, MendIT
shall not be liable to you for loss of profits or contracts or other
indirect or Consequential Loss whether
arising from negligence, breach of contract or howsoever.
11.6 MendIT shall not be liable to you for any loss arising out of your
failure to keep full and up-to-date security copies of the computer
programs and data you use in accordance with best computing practice.
11.7 The level of your extended warranty cover provided by
MendIT will be limited to the price band applicable to the purchase
price of the Equipment (Inc.VAT), which will be stated on the face
of your Warranty Agreement (or to replacement of the Equipment).
11.8 This limited liability gives specific legal rights. You may also have
other statutory rights which are not affected by these Terms or any
exclusions or limitations in them.
12. WAIVER OF REMEDIES
12.1 No forbearance, delay or indulgence by either party in enforcing
ou or your wilful
the provisions of these Terms shall prejudice or restrict the rights of
that party nor shall any waiver of its rights operate as a waiver of any
subsequent breach and no right, power or remedy herein conferred
upon or reserved for either party is exclusive of any other right,
power or remedy available to that party and each such right, power
or remedy shall be cumulative.
13. ENTIRE AGREEMENT
13.1 These Terms supersede all prior agreements, arrangements
and understandings between the parties and constitute the entire
agreement between the parties relating to the subject matter hereof
(save that neither party seeks to exclude liability for any fraudulent
pre-contractual misrepresentations upon which the other party can
be shown to have relied). No addition to or modification of any provision of these Terms shall be binding upon the parties unless made by a
written instrument signed by a duly authorised representative of each
of the parties.
14. ASSIGNMENT
14.1 This MendIT warranty is personal to you and may not be assigned by you.
14.2 MendIT may assign its rights and obligations under these Terms
at any time by notice to you.
15. N
OTICES
15.1 All notices which are required to be given hereunder shall be
in writing and shall be sent to the address of the recipient set out in
these Terms or such other address in England as the recipient may
designate by notice given in accordance with the
provisions of this clause. Any such notice may be delivered personally
or by first class pre-paid letter or facsimile transmission and shall be
deemed to have been
served if by hand when delivered, if by first class post 48 hours after
posting and if by facsimile transmission when despatched.
16. INTERPRETATION
16.1 In this Agreement:
16.1.1 reference to any statute or statutory provision includes a
reference to that statute or statutory provision as from time to time
amended, extended or re-enacted;
16.1.2 words importing the singular include the plural, words importing any gender include every gender and words importing persons
include bodies corporate and unincorporate; and (in each case) vice
versa;
16.1.3 any reference to a party to these Terms includes a reference to
his successors in title and permitted assigns;
16.1.4 the headings to the clauses are for ease of reference only and
shall not affect the interpretation or construction of these Terms.
17. LAW
17.1 These Terms shall be governed by and construed in accordance
with the laws of England and Wales.
18. DISPUTES
18.1 Any dispute which may arise between the parties concerning
these Terms shall be determined by the English Courts and the parties
hereby submit to the exclusive jurisdiction of the English Courts for
such purpose.
19. SEVERABILITY
19.1 Notwithstanding that the whole or any part of any provision of
these Terms may prove to be illegal or unenforceable, the other provisions of these Terms and the remainder of the provision in question
shall remain in full force and effect.
20. THIRD PARTIES
20.1 The parties confirm their intent not to confer any rights on any
third parties by virtue of these Terms and accordingly the Contracts
(Rights of Third parties) Act 1999 shall not apply to these Terms.
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