1.1 in these conditions
“THE COMPANY” means City Clocks Ltd.
trading as City Clocks
“THE OBJECT” means the piece or pieces upon which the company is to carry out repair, restoration or alteration.
“REPRODUCTION” means the manufacture or preparation by the company of a new object to the customers specification provided that “repair” wherever it appears in these conditions be deemed to include reproduction.
“CONDITIONS” and any special terms agreed between the company and the customer in writing.
“THE CUSTOMER” means the person, firm or corporate body who accepts the Company’s estimate for repair or reproduction or whose order the company accepts PROVIDED that where the customer deals with the company through an agent the Company shall be entitled to enforce these terms against the customer and its agent as if the agent was itself a party.
1.2 The headings in these conditions are for convenience only and shall not effect their interpretation.
2. BASIS OF REPAIR
2.1 The Company shall carry out Repair for the Customer in accordance with the Company’s estimate or the Customers order subject in either case to these conditions.
2.2 No variation of these conditions shall be binding unless agreed in writing.
2.3 If the Company or their staffs gives advice to the Customer the Company will not be liable for the consequences of that advice unless the advice was given or confirmed in writing.
2.4 Whenever practical existing parts will be repaired except when the company decides a replacement is essential for reasons of reliability.
2.5 Replacement parts will be the original manufacturer’s part if available or the most suitable part available to the company at the time of repair.
3. PRICE OF REPAIR
The Company may on notice to the Customer increase any estimate to the Customer:-
If the Company discovers the need for extra work.
If the Company considers further work necessary on conservation, reliability or aesthetic grounds.
Where additional work is executed at the Customers request.
To reflect any increase in the cost to the Company which is due to any factor beyond the Company’s control or to the Customers failure to give the Company adequate information or instruction.
The price estimated or actual excludes value added tax and any delivery charge which the Customer shall pay in addition.
4. TERMS OF PAYMENT
On completion of the repair or manufacture the Company will send the Customer an invoice. The Customer will pay for the repair on receipt of the invoice. The Company will not release the Object until the Customer has paid in full.
If the Customer does not pay within 28 days of the invoice date (time to be of the essence) then:
The Customer will pay interest on the unpaid balance at 2% per month or part thereof plus reasonable storage charges being in any event not less than 100 pence per day and the Company shall be entitled until payment of all sums due to the Company to exercise a lien over any other object left by the customer which is for the time being in the Companies possession or power.
Without prejudice to the generality of condition 4.1 and 4.2 above the Company reserves the right where the likely cost of repair exceeds or is estimated to exceed £1000 (exclusive of vat) to require stage payments from the Customer on completion of each £1000 of Repair.
Where The Company is instructed to manufacture and the estimate exceeds £1000 one third is to paid on commencement, one third on The Company notifying the customer that it is ready to commence the final finishing and the outstanding amount is to be paid on completion.
5.1 Delivery of the Object on completion of Repair shall be made by the Customer collecting the Object from the Companies premises or return by the company at any time after the Customer has paid the Company’s invoice (plus any interest and storage charges).
5.2 Any dates quoted for completion of repair or delivery are approximate only and the Company shall not be liable for any delay in completion of Repair howsoever caused. Time for completion shall not be of the essence unless previously agreed by the Company in writing. The Company may deliver the object in advance of any estimated completion date.
5.3 If the Customer fails to collect or pay for the Object within 28 days of the date of the Company’s invoice then without prejudice to any other right or remedy available to the Company the Company may
5.3.1 Store the object until the actual delivery and charge the Customer for the reasonable cost of storage (subject to a minimum of 100p per day).
5.3.2 Sell the Object for the best price readily obtainable (after the deduction of all reasonable storage and selling expenses and all interest on the unpaid price) account to the Customer for any excess over the price and charging the Customer for any shortfall.
5.4 If the Customer is dissatisfied for any reason with the repair carried out by the Company the Customer shall notify the Company of such dissatisfaction within seven days of delivery of the Object. Regardless of the merits of the Customers claim the Company shall not in any circumstances be liable for any claim not notified within the period.
6. DAMAGE OR LOSS OF THE OBJECT
The Company shall take reasonable care but not be liable for any further loss or damage caused to the Object while in the Company’s possession or control.
Without prejudice to the generality of clause 6.1 above the Company shall not be liable for any unforeseen damage to the Object as a result of any process applied or work done to the Object by the Company.
The Company shall not be liable for any loss or damage to the Object sustained while in transit to or from the Company’s premises whether or not the Company provides the carriage.
The Customer will insure the Object at all times whilst in transit and whilst at the Company’s premises.
Subject as expressly provided in these conditions all warrantee conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
7. INSOLVENCY OF CUSTOMER
If the Customer ceases or threatens to cease business or is found to be insolvent then without prejudice to any other remedy available to the Company, the Company may cancel the contract and suspend any further repair without liability to the Company. If the Repair has not been completed then despite any previous arrangement to the contrary the Customer shall pay for the work done up to the date of cancellation on a quantitum merit basis.
The provisions of clause 7.1 above shall also apply where the Company reasonably believes that any of the events mentioned in clause 7.1 is about to occur and to so notify the Customer.
8. THE MANUFACTURE OF REPRODUCTION
The following terms apply where the Company is instructed to carry out the Reproduction as defined in clause 1 above.
If any claim is made against the Company that work infringes the patent, copyright, design or other intellectual rights of any other person or body the Customer shall indemnify the Company against all loss, damages, costs and expenses against or incurred by the Company in connection with the claim or paid or agreed to be paid by the Company in settlement of any claim.
The Customer shall be solely responsible at the Customers expense for obtaining any necessary permission or consent from any third party which may be required in order to manufacture a reproduction.
Any moulds casting patterns or other tools manufactured by the Company for use in executing a reproduction shall remain the property of the Company provided always that the Company shall not use them to manufacture unauthorised Reproductions.
Any notice required or permitted to be given by either party to the other unless these conditions be in writing addressed to that other party at its registered office or principle place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
No waiver by the Company of any breach of the Contract by the Customer shall be construed as a waiver of any subsequent breach of the same or any other provision.
If any provision of any of these conditions is held by any competent authority to be invalid or unenforceable in whole or I part of the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected thereby.
Any dispute arising under or in connection with these conditions or the work done by the Company shall be referred to the arbitration of a single arbitrator under the provision of the Arbitration Acts currently in force.
Where the goods or services are supplied under a consumer sale as defined by the Sale of Goods Act 1979 the Customers statutory rights are not affected by these conditions.
The Laws of England shall govern this contract.← Back to Clock & Watch Repairs