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.
