TERMS and CONDITIONS of SERVICE

All customers and website visitors agree to be bound by terms and conditions of service set forth below upon usage of any services offered by ‘Mark Steer Appliance Engineer’.

1. DEFINITIONS AND INTERPRETATION

1.1 In these terms and conditions the following words have the meanings given:
"Business Day" means any day other than a Saturday, Sunday or a public or bank holiday in England, Wales, Scotland or Northern Ireland;
” Contract" means a contract for the purchase by the Customer of Products or Services from ‘Mark Steer Appliance Engineer’  incorporating these terms and conditions and arising from the acceptance by  ‘Mark Steer Appliance Engineer’ ’of an Order;
” Customer" means the person, firm or company ordering Products or Services;
” Default" shall mean any breach by either party of its obligations under a Contract, any default, act, omission, negligence or statement by either party, its employees, agents or sub-contractors arising out of or in connection with a Contract and in respect of which either party may be legally liable;
"Mark Steer Appliance Engineer" means ‘Mark Steer Appliance Engineer’. or any such other business ‘Mark Steer Appliance Engineer ’appoint as sub-contractor to provide the Services to the Customer;
"Order" means any written order for Products, or Products and Services, received by ‘Mark Steer Appliance Engineer’ from the Customer;
"Services" means any onsite repair or diagnostic services provided by ‘Mark Steer Appliance Engineer’ directly to the Customer or as sub-contractor of the Customer to end-users in conjunction with the supply of Services and Products;
"Products" means any item listed for online sale and provided by ‘Mark Steer Appliance Engineer’ directly to the Customer or as sub-contractor of the Customer to end-users in conjunction with the supply of Services and Products;
"Confidential Information" means all information of whatsoever nature (whether oral, written or in any other form) containing or consisting of material, technical, operational, administrative, economic, marketing, planning, business or financial nature or in the nature of intellectual property of any kind or in the nature of Specifications and relating either to the Products or Services, the Seller or the Buyer (as the case may be);
"Address" the address for delivery of the Products or Services as stated on the service Booking Form or product Purchase Order;
"Price" means the price payable for the Products or Services as specified in the service Booking Form or product Purchase Order and payable in accordance with the terms of this Agreement;
"Products or Services" are all such Products and/or Services to be sold by ‘Mark Steer Appliance Engineer’ to the Customer as may be determined from time to time by ‘Mark Steer Appliance Engineer’ and the Customer;
"Booking Form" is the Customer's purchase order for the Services offered by ‘Mark Steer Appliance Engineer’ and delivered to the Customer’s premises;
"Purchase Order" is the Customer's purchase order for the Products offered by Mark Steer Appliance Engineer;

1.2 All other words and expressions are to be given their normal English meaning taken in the context of the Contract. Any dispute as to the meaning of a word is to be settled by reference to the Oxford English Dictionary.

1.3 Any reference to a clause shall mean a clause of these terms and conditions unless otherwise stated.

1.4 The use of headings in these terms and conditions shall be for convenience only and shall not affect the interpretation of these terms and conditions.

2. CONTRACT FORMATION

2.1 All Orders submitted by the Customer to ‘Mark Steer Appliance Engineer’ and accepted by ‘Mark Steer Appliance Engineer’ shall be subject to these following terms and conditions which shall form part of and govern any Contract.

2.2 Usage of any service or receiving any estimate or quotation for any Products and/or Services by the customer and issued by ‘Mark Steer Appliance Engineer’–by phone or in writing including by email- shall be deemed acceptance of these terms and conditions.

3. TERMS OF SERVICE

3.1 All service bookings are made via ‘Mark Steer Appliance Engineer’ online Booking Form and/or over the telephone. The Customer is required to provide all the relevant information needed for the professional supply of the chosen service (make and model of the domestic appliance, brief description of the problem, full address and contact details).

3.2 Time, date, location, price and method of payment for all Repair/Diagnostic Services need to be agreed upon booking the chosen service.

3.3 All online service bookings will be confirmed over the telephone by a ‘Mark Steer Appliance Engineer’ employee within 3 hours upon booking completion. Any online service booking submitted after 17:00 h will be confirmed over the telephone on the next working day. An online booking will be considered valid and chosen service will be provided only upon telephone confirmation by ‘Mark Steer Appliance Engineer’ employee.

3.4 ‘Mark Steer Appliance Engineer’ engineer will make every effort to be at the previously agreed address within the booked time slot to provide the service (s) requested by the Customer. If by any unforeseen circumstances the engineer can not be at the Customer’s premises within the time slot booked, the engineer or another ‘Mark Steer Appliance Engineer’ employee will contact the Customer on the contact number (s) provided. In such case the Customer can
- reschedule the visit for another available time slot on the same date or
- agree on another date and time or
- cancel the appointment free of charge

3.5 Any Repair/Diagnostic Services Booking can be cancelled free of charge not later than 24 hours prior to the appointed time slot.
Cancellations with notification shorter than 24 hours will be still accepted but subject of a £ 20.00 charge.
In case that Repair/Diagnostic Services Booking has been confirmed, and ‘Mark Steer Appliance Engineer’ engineer is at the Customer’s premises address within the agreed time slot but no access to the premises is provided the Customer will be liable for a £ 20.00 travel expenses fee.

3.6 Once in the Customer’s premises the ‘Mark Steer Appliance Engineer’ engineer will provide full diagnostic service on the booked appliance and upon Customer’s approval will repair the appliance. Upon completion of the Repair/Diagnostic service the Customer agrees to pay the ‘Mark Steer Appliance Engineer’ engineer the price confirmed upon booking the service.

3.7 In case that during the Repair/Diagnostic visit ‘Mark Steer Appliance Engineer’ engineer locates faulty part (s) that need (s) to be replaced:

- and the part (s) can be replaced during the visit (available as part of the ‘Mark Steer Appliance Engineer’ engineer’s dedicated spare parts kit), upon price agreement and Customer’s approval the repair will be carried out on-site. The Customer agrees to pay to the ‘Mark Steer Appliance Engineer’ engineer all previously agreed diagnostic, labour and part (s) charges.
- and the engineer is technically unable to repair the appliance (the part needed is not available), the Customer agrees to pay to the ‘Mark Steer Appliance Engineer’ engineer the fee for the diagnostic service provided. Upon payment and Customer’s confirmation for spare part order ‘Mark Steer Appliance Engineer’ engineer will send a report to ‘Mark Steer Appliance Engineer’ head office including a request for the spare part needed. Availability, price and delivery turnover are confirmed with the Customer over the telephone by a ‘Mark Steer Appliance Engineer’ employee then if the Customer approves the details mentioned above the order is placed. The part is tested in ‘Mark Steer Appliance Engineer’ Workshop upon delivery. New suitable time and date for Repair service visit is agreed with the customer. Upon completion the appliance is tested and once confirmed that it operates normally the Customer agrees to pay the fixed labour as well as the charge for the spare part ordered.
- and the engineer is technically unable to repair the appliance (the part needed is not available), the Customer agrees to pay to the ‘Mark Steer Appliance Engineer’ engineer the fee for the diagnostic service provided. Upon payment and Customer’s confirmation for spare part order ‘Mark Steer Appliance Engineer’ engineer will send a report to ‘Mark Steer Appliance Engineer’ head office including a request for the spare part needed. Availability, price and delivery turnover are confirmed with the Customer over the telephone by a ‘Mark Steer Appliance Engineer’ employee. If the Customer does not accept the price offered by ‘Mark Steer Appliance Engineer’ the Customer can purchase the part from any other supplier then agree on a time and date for Repair Service visit with Mark Steer Appliance Engineer. ‘Mark Steer Appliance Engineer’ will carry out the service and test the appliance upon completion. The Customer agrees to pay to the ‘Mark Steer Appliance Engineer’ engineer the previously agreed fixed labour charge amount.
- and the engineer is technically unable to repair the appliance (the part needed is not available), the Customer agrees to pay to the ‘Mark Steer Appliance Engineer’ engineer the fee for the diagnostic service provided. Upon payment and Customer’s confirmation for spare part order ‘Mark Steer Appliance Engineer’ engineer will send a report to ‘Mark Steer Appliance Engineer’ head office including a request for the spare part needed. Availability, price and delivery turnover are confirmed with the Customer over the telephone by a ‘Mark Steer Appliance Engineer’ employee. If the Customer does not accept the price offered by ‘Mark Steer Appliance Engineer’ and prefers to purchase a new appliance ‘Mark Steer Appliance Engineer’ Sales Representative will assist the Customer advising the Customer on the range of online listed Products ‘Mark Steer Appliance Engineer’ offers for sale.

3.8 All spare parts orders are placed only upon Customer’s confirmation on price and quantity. Once an order is placed the parts are delivered to ‘Mark Steer Appliance Engineer’ head office within 2 Working Days.
Special orders for out of stock items are usually delivered within 2 weeks but for some of them it can take up to 4 weeks.

3.9 Orders for Products from ‘Mark Steer Appliance Engineer’ e-commerce page can only be made over the telephone. The Customer has to fill in and submit ‘Mark Steer Appliance Engineer’ online order form. Product details will be confirmed over the telephone by a ‘Mark Steer Appliance Engineer’ employee within 2 hours upon placing an order. Any online order forms submitted after 17:00 h will be confirmed over the telephone on the next working day. For Product sales ‘Mark Steer Appliance Engineer’ accept cheque and card payments which need to be completed and all funds cleared into ‘Mark Steer Appliance Engineer’ bank’s account prior to delivering the appliance (s) to Customer’s premises.

4. PRICE

4.1 All prices for Products or Services stated in any quote, estimate or acceptance of Order are those current at the time of the Customer's enquiry by phone or by email

4.2 All quoted prices are exclusive of VAT and VAT will be added to the agreed price if applicable. Cost of parts required to carry out a successful repair will be extra and are not included in the labour charge quoted. The duration of an on-site Repair/Diagnostic visit does not affect the labour charge applied. ‘Mark Steer Appliance Engineer’ labour fee is fixed for all Repair/ Diagnostic visits.

5. PAYMENT

5.1 Payment for parts and services must be made by credit/debit card, cash or via cheque prior or upon the delivery of the services by Mark Steer Appliance Engineer

5.2 The customer agrees that payment for services is non-refundable and parts or equipment fitted or supplied will be replaced only if found faulty and/or covered by the manufacturer’s warranty.

5.3 ‘Mark Steer Appliance Engineer’ may at its discretion offer credit terms to the Customer subject to the status of the Customer. Such credit terms shall be determined by ‘Mark Steer Appliance Engineer’ and confirmed in writing with the Customer.

5.4 Unless and until credit terms are granted, the Customer will pay for any Products or Services on a "cash upon completion" basis in which case the Customer should allow at least three (3) Business Days for the payment to be credited to Mark Steer Appliance Engineer’s bank account. ‘Mark Steer Appliance Engineer’ reserves the right not to release any Products or upon consideration provide any Services until all such payments are cleared and credited to Mark Steer Appliance Engineer's bank account.

5.5 Where credit terms are granted, and unless other terms are granted in writing, the Customer will pay no later than 30 days following the date of Mark Steer Appliance Engineer's invoice and ‘Mark Steer Appliance Engineer’ reserves the right to suspend any Product delivery where payment is delayed.

5.6 If any payments are overdue the Customer may be placed on credit hold and no further Products or Services will be delivered or made available to the Customer until all payments due to ‘Mark Steer Appliance Engineer’ under the Contract have been paid.

5.7 If payment is not received by the relevant due date ‘Mark Steer Appliance Engineer’ may:
(1) Charge the Customer interest on any overdue amount (on a daily basis) from the due date of payment to the date of actual payment (both dates inclusive) at the rate of eight (8) per cent per day.

5.8 All payments made by the Customer to ‘Mark Steer Appliance Engineer’ shall be in pound sterling in immediately available funds free and clear of any right of set off or counter claim or any withholding or deduction whatsoever.

5.9 The Customer agrees to make all payments due under this contract irrespective of any dispute or claim the Customer may have with or against any third party.

6. WARRANTIES

6.1 ‘Mark Steer Appliance Engineer’ includes 6 month warranty on all part (s) and labour provided by ‘Mark Steer Appliance Engineer’ starting from the date the Repair/Diagnostic Service is completed. The warranty is valid only for part (s) fitted by ‘Mark Steer Appliance Engineer’ and Repair/Diagnostic services undertaken by ‘Mark Steer Appliance Engineer’. In any other case such as but not limited to appliance or part (s) fault caused by the Customer’s negligence, lack of knowledge or misuse of the appliance all related Repair/Diagnostic costs are not covered by the 6 month warranty provided by Mark Steer Appliance Engineer. The Customer can book another Repair/Diagnostic visit and agrees to pay the ‘Mark Steer Appliance Engineer’ engineer  the price confirmed upon booking the service.
Any faulty part different then the part (s) covered by the warranty can and will be repaired. Such part is not covered by the ‘Mark Steer Appliance Engineer’ warranty and separate Repair/Diagnostic Booking will be required. The Customer agrees to pay all related cost such as but not limited to labour fee and part (s) separately

6.2 Mark Steer Appliance Engineer, to the extent that it is permitted to do so, hereby assigns the benefit of any guarantee or warranty covering any defects in Products received by ‘Mark Steer Appliance Engineer’ under an agreement with the manufacturer or supplier of the relevant Product.

6.3 The warranty service (if any) will be that provided by the manufacturer and any validation procedures relating to that warranty service are the responsibility of the Customer.

6.4 ‘Mark Steer Appliance Engineer’ may in its discretion offer support or maintenance services with respect to Products or Services.

6.5 The warranty of the manufacturer or supplier is in lieu of all other terms or conditions whether express or implied concerning the quality or fitness for purpose of Products and all such other terms and conditions are hereby excluded.

7. LIABILITY

7.1 ‘Mark Steer Appliance Engineer’ shall not be liable for any claims regarding the physical functioning of the equipment serviced or parts installed outside of the 6 month warranty period nor for any fault (s) caused by but not limited to Customer’s negligence, lack of knowledge or misuse of the appliance.

7.2 ‘Mark Steer Appliance Engineer’ shall not be liable for any claims regarding delayed part deliveries or inability of a ‘Mark Steer Appliance Engineer’ supplier to provide part (s) ordered by The Customer.

7.3 Mark Steer Appliance Engineer’s liability of any kind with respect to the services, including any negligence or delay in delivery of service on its part, or loss of equipment or media, shall be limited to the quoted price for the services.

7.4 The maximum aggregate liability of ‘Mark Steer Appliance Engineer’ to the Customer whether in contract, tort or otherwise for any direct loss or damage including to tangible property suffered by the Customer as a result of any default of ‘Mark Steer Appliance Engineer’ shall be limited in aggregate to the lesser of £1000 or an amount equal to the sums paid by the Customer under the Contract during the preceding 12 months.

7.5 While ‘Mark Steer Appliance Engineer’ will make every effort to preserve the integrity of any equipment under repair, the Customer agrees not to hold ‘Mark Steer Appliance Engineer’ responsible for any accidental damages to the equipment in its possession including but not limited to surface scratches, deformations and cracks.

8. INTELLECTUAL PROPERTY RIGHTS

8.1 All Intellectual Property Rights in or relation to the Products (including any manuals and operating documentation relating thereto) or in any materials (including Software) created by ‘Mark Steer Appliance Engineer’ during the course of providing the Services shall vest in ‘Mark Steer Appliance Engineer’ or its suppliers as the case may be and the Customer shall have no title to or interest in any such Intellectual Property Rights except to the extent specifically agreed by Mark Steer Appliance Engineer.

9. CONFIDENTIALITY

9.1 Each party shall treat as confidential all information obtained from the other which is specifically designated as confidential or proprietary and shall not divulge such information to any person (except to such party's own employees and then only to those employees who need to know the same) without the other party's prior written consent.

10. VARIATIONS

10.1 ‘Mark Steer Appliance Engineer’ reserves the right to modify these terms and conditions. Any such modification will apply on the effective date specified in the said notice to all services and products provided by Mark Steer Appliance Engineer.

11. LAW

11.1 All Contracts shall be governed by, and construed in accordance with, English law and the parties submit to the exclusive jurisdiction of the English courts.

12. WAIVER

12.1 The waiver by either party of a breach or default of any of the provisions on this Agreement by either party shall not be construed as a waiver of any succeeding breach of the same or other provisions, nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has, or may have hereunder operates as a waiver of any breach or default by either party.