Micro-Nano IT Terms & Conditions of Laptop Repairs/Sales Service
All customers including end users and dealers or distributors of Micro-Nano IT Ltd. will be bound to the terms and conditions set as below:
1. Definitions
1.1 In these terms and conditions the following words have the meanings given:-
"Customer" means the person, firm or company ordering Products or Services;
"Order" means any written order for Products, or Products and Services which is in the forms of Purchase Order, Sales Order, Quotation, Estimate etc., received by Micro-Nano IT Ltd from the Customer;
"Working 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 Micro-Nano IT Ltd incorporating these terms and conditions and arising from the acceptance by Micro-Nano IT Ltd of an Order;
"Services" means any hardware or software or consultancy services provided by Micro-Nano IT Ltd; A successful product repair if agreed by customer is deemed a service we charge if repaired to the item identified by the customer, Example if customer requested a power socket broken needing repair, we will repair said item and we will charge as requested and warranty only that part and not other non related parts of units. If a customer said the laptop with power faulty (e.g. no power up at all), we fix the power function and get the power back, however, if later on the laptop is failed with no display, we will not provide the warranty on display function. If the customer should ask for a specific part of his laptop repaired we will repair only the part requested, our repairs do not cover example a hard-drive if we repair the laptop TFT screen.
"Software" means any computer software supplied or developed by Micro-Nano IT Ltd, whether embodied in ROM, RAM, firmware or on HDD disk as operating system, tape or other media. For licensed operating system or any software that Micro-Nano IT provided to the customer, the copy right is reserved as same as for that written or requested from the original supplier of Micro-Nano IT Ltd.
"Specifications" any plans, drawings, data or other information or hardware configurations relating to the products;
2. Formation Of agreement
2.1 All Orders submitted by the Customer to Micro-Nano IT Ltd and accepted by Micro-Nano IT Ltd shall be subject to these following terms and conditions which shall form part of and govern any Contract.
2.2 Acceptance by the Customer of any estimate or quotation for products and/or Services issued by Micro-Nano IT Ltd shall be deemed to be acceptance of these terms and conditions.
2.4 No waiver of or amendment to these terms and conditions shall be effective unless made in writing and signed by a director of Micro-Nano IT Ltd. Purported amendments by E-Mail or telephone will not be effective.
2.5 The Contract contains the entire agreement of the parties in relation to the supply of Products or Services by Micro-Nano IT Ltd to the Customer and the Customer irrevocably waives any right it might have to claim for damages and/or to rescind a Contract because of any misrepresentation by Micro-Nano IT Ltd (unless such misrepresentation was made fraudulently) or any warranty not contained in the Contract.
3. Payment Terms
3.1 Micro-Nano IT Ltd may at its discretion offer credit terms to the Customer subject to the status of the Customer and completion by the Customer of a credit application form supplied by Micro-Nano IT Ltd. Such credit terms shall be determined by Micro-Nano IT Ltd and confirmed in writing with the Customer.
3.2 Unless and until credit terms are granted, the Customer will pay for any Products or Services on a "cash with order" basis, in which case the Customer should allow at least three (3) Working days for the payment to be credited to Micro-Nano IT Ltd's account. Micro-Nano IT Ltd reserves the right not to release any Products or provide any Services until all such payments are cleared and credited to Micro-Nano IT bank account or unless otherwise agreed with a director of Micro-Nano IT Ltd for urgent or emergency service.
3.3 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 Micro-Nano IT Ltd's invoice and Micro-Nano IT Ltd reserves the right to suspend deliveries or service where payment is delayed.
3.4 If products or services are delivered in installments, Micro-Nano IT Ltd reserves the right to invoice each installment as and when delivery is made to the Customer in which case payment shall be due in accordance with clause 3.2 or 3.3 above notwithstanding non-delivery of other installments or fulfillment of the entire order.
3.5 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 Micro-Nano IT Ltd under the Contract have been paid. Micro-Nano IT Ltd may at its discretion, withdraw credit facilities in the event of any breach of this contract by the Customer.
3.6 If payment is not received by the relevant due date, Micro-Nano IT Ltd 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 three per cent per annum above the HSBC Bank Base Rate for the time being in force.
(2) Take legal action for the recovery of any amount due and interest thereon at the rate agreed with costs payable on a Solicitor and own Client basis.
3.7 All payments made by the Customer to Micro-Nano IT Ltd shall be in Sterling pounds for UK customers and may be USD for international customers, in immediately available funds free and clear of any right of set off or counter claim or any withholding or deduction whatsoever. The exchange rate for USD will be the currency exchange rate on market at the invoice date.
3.8 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
4. Delivery terms
4.1 Risk of damage to or loss of the Products shall pass to the Customer upon delivery to the address specified in the Purchase Order. Return address is the responsibility of the customer to make sure names are correct to deliver to and to be signed for, also if errors given in spelled address details are given to us, we will not be held responsible for items sent to incorrect address or a friends given address for pickup enforced by customers will or requests. Upon leaving our premises laptop or any other products is out of our care and responsibility. If delivered damaged the item will be required to be examined by the delivery agent as to evidence of neglect or damages apparent that can be claimed for the customer through the carriers insurance. In this case, the customer will require to provide sufficient evidence to prove the damage, e.g. digital photos, original purchase invoices for the purpose of claiming the insurance. Otherwise, the claim of this damage or loss will be made by following the general rules terms and conditions on the contract which Micro-Nano IT Ltd. signed with the courier.
Micro-Nano IT Ltd shall use its reasonable endeavour to deliver Products/Service by the date stated upon the relevant acceptance of any Order but failure to do so shall not constitute a breach of this contract. Higher insurance will only be added to items when requested by the customer.
4.2 Any dates quoted or mentioned by Micro-Nano IT Ltd for delivery of the Products or the provision of the Services whether verbally or otherwise are estimates only and whilst Micro-Nano IT Ltd will use all reasonable endeavours to meet such dates it cannot guarantee to do so.
4.3 Time will not be of the essence in the delivery of the Products or the performance of the Services.
4.4 Micro-Nano IT Ltd shall deliver the Products to such address or addresses as notified by the Customer to Micro-Nano IT Ltd for each order of RMA authorization form or written by e-mail, subject to prior agreement with the Customer. Micro-Nano IT Ltd shall be entitled to make partial deliveries of the Products or deliveries of the same by installments. A signed delivery note shall be satisfactory proof that delivery has taken place.
4.5 Micro-Nano IT Ltd will accept no liability for non-delivery or non-collection of, loss of or damage to any Products occurring prior to the collection or delivery of the same to the Customer and no claim that the Products are not in accordance with the Contract will be accepted by Micro-Nano IT Ltd unless claims to that effect are notified in writing to Micro-Nano IT Ltd:
(a) within two days of delivery or collection in the case of loss, damage, or non-compliance with the Contract; or
(b) within two days of receipt of Micro-Nano IT Ltd's invoice in the case of non-delivery.
4.6 In the event of a valid claim by the Customer under clause 4.5, Micro-Nano IT Ltd will at its option replace or repair the Product at its own expense but will be under no other liability to the Customer with respect to such claim whether in contract or in tort. All Products (or any part) replaced by Micro-Nano IT Ltd will become Micro-Nano IT Ltd's property upon replacement.
4.7 If the Customer fails to give notice in accordance with clause 4.5, it will be deemed to have accepted the Products, the Products will be deemed to be in accordance with the Contract and the Customer will be bound to pay for the same.
5. Terms of Repair Services
5.1 Where the Customer requires Micro-Nano IT Ltd to carry out any configuration or installation services herein either for the Customer and /or the end-user, Micro-Nano IT Ltd shall do so as sub-contractor to the Customer and this agreement and the terms contained herein shall constitute the sub-contract.
5.2 Micro-Nano IT Ltd will use all reasonable endeavors to provide the Services in accordance with the terms of the Contract and will ensure that the Services will be provided with all reasonable care and skill and by suitably trained and qualified persons.
5.3 If the Services are to be provided according to a timetable. Micro-Nano IT Ltd shall use all reasonable endeavors to adhere to the timetable in providing the Services but, save as stated herein, time shall not be of the essence in the provision of the Services.
In normal case, the turn around time for an individual service will be within 5 working days depending on the availability of the parts on stock.
For service of a large batch laptops or motherboards or other products, the above mentioned timetable rule will be applied.
5.4 Micro-Nano IT Ltd. provides No-Fix-No-Fee service for only the cases that agreed between Micro-Nano IT and the customer in written format in either e-mail or estimate. All other cases if engineers in Micro-Nano IT Ltd. found unrepairable, half an hour labour plus remaining mailing fees will be charged to the customer. Micro-Nano IT Ltd. will not be responsible for any unrepairable goods.
5.5 Once Micro-Nano IT and the Customer signed or verbally agreed an agreement, the Customer shall not be entitled to return any product/service or cancel any Orders without Micro-Nano IT Ltd's prior written agreement and any such cancellation or return shall be subject to a penalty fee charge of 15 % of the total charge as agreed in the contract.
5.6 Unless otherwise agreed in writing, the Customer shall be responsible for the cost of carriage and insurance in respect of all Products returned to Micro-Nano IT Ltd. The Products shall also be at the Customer's risk until actual receipt by Micro-Nano IT Ltd.
5.7 For canceled service or repair, if customer requests to return the products, that shall be customer’s responsibility of mailing fees and insurance for transportation.
6. After-Sale Service
6.1 DOA is defined as that any products sold out or repaired in Micro-Nano IT Ltd. if it is faulty as arrived at customer, and plus if not damaged during delivery or handling with customer itself.
Any Products failing within the specified period of either Micro-Nano IT Ltd's invoice to the Customer or the Customer's invoice to their customer shall be returned to Micro-Nano IT Ltd within 5 days of the date of advising the return to Micro-Nano IT Ltd, at the Seller's expense, for full credit to the Customer, subject to the product not having become discontinued as defined by the manufacturer.
6.2 The specified period in 6.1 will be 5 working days for all products
6.3 Products not returned within 5 days of notification will not be credited
6.4 All products must be returned with their original packaging.
6.5 On acceptance of the returned product, Micro-Nano IT will arrange replacement for sold parts or if for service repair the products will be repaired again free of charge.
6.6 Unless otherwise agreed, this clause does not apply to any customer induced damage (CID) during handling of the products or damage in transit (DIT).
7. Warranty Terms
7.1 Terms of warranties for any goods Micro-Nano IT Ltd sold to the customers will be specified on each sales case.
7.2 Warranty for motherboard repair and laptop repair, or any service repair will be three months for the same fault. Warranty will not cover the failure for an after-repair fault if different from the original fault which was fixed.
8. Liability
8.1 Micro-Nano IT Ltd shall not be liable to the Customer whether in contract, tort or otherwise and even if foreseeable by or in the contemplation of Micro-Nano IT Ltd for:-
(a) any loss of profits, business, revenue, goodwill, data or anticipated savings, whether sustained by the Customer or any other person; or
(b) any special, indirect, or consequential loss whether sustained by the Customer or any other person.
8.2 Any advice or recommendations given to the Customer by Micro-Nano IT Ltd or its employees or agents as to storage, application, use or preference of the goods which is not confirmed in writing in a format of a contract and signed by a director of Micro-Nano IT Ltd., is followed or acted upon entirely at the Customer's own risk and accordingly Micro-Nano IT Ltd shall not be liable for any such advice or recommendation which is not so confirmed.
9. Intellectual Property Rights
9.1 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 Micro-Nano IT Ltd during the course of providing the Services shall vest in Micro-Nano IT Ltd 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 Micro-Nano IT Ltd.
9.2 The Customer will notify Micro-Nano IT Ltd immediately if it becomes aware of any illegal or unauthorised use of any of the Products or any of the Intellectual Property Rights in the Products and will assist Micro-Nano IT Ltd and/or its suppliers in taking all steps necessary to defend the owners' rights.
9.3 The Customer undertakes to ensure that any Software which is sold to end-users or any other third party will be accompanied by any Licence Agreement (whether shrink-wrap or otherwise) relating to that Software and any other documentation which Micro-Nano IT Ltd’s suppliers may require.
9.4 Unless specifically authorised under a Licence Agreement, the Customer undertakes that it shall not (and that it shall not employ nor permit any third party) attempt to copy, adapt, amend, disassemble, de-compile or reverse engineer Software or any part thereof except to the extent allowed by English law.
10. Notices and amendments
10.1 All notices which are required to be given hereunder shall be in writing and shall be sent to the registered address of the party in question. Micro-Nano IT Ltd after 12 weeks after receipt of unit if customer will not pay for repairs or return shipping of goods, we will have right for dispose of any laptops being stored on our premises, unless agreed to a storage charge of amount of 10 gbp per month per laptop unit to store goods for customer until payment can be arranged. The customer is responsible for giving a clear return address not a P.O. Box we are not responsible for goods getting lost in the postal system because of customers supplying us with misspelled or incorrect return address. The customer is also responsible for being home when delivery is attempted, if delivery is missed the customer will agree to pay for a second delivery attempt. All laptops repaired by us are subject to these terms, if a laptop is received as faulty and proceeds to burn out or expire while doing attempted repairs we (i.e. garages will not give you a new engine if car engine sizes up wile under test) will not be responsible for parts or system failures related to faulty equipment in repair or diagnostics agreed. Customers laptops requesting repairs before others in line for repair can be speeded up if agreed though a expedite fee will be agreed to at a rate of a one time payment of 50 GBP.
