Terms and Conditions of Service
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TERMS AND CONDITIONS
This page tells you the terms and conditions on which we supply any of our services listed on our website www.repairandassure.com (our website) to you. Please read these terms and conditions carefully and make sure that you understand them before ordering anything from our site. You should understand that by ordering anything form us, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
1. INFORMATION ABOUT US
We, Repair And Assure Limited, operate the website www.repairandassure.com. We are registered in England and Wales under company number 10539230 and have our registered office at 18 King William Street, London, United Kingdom, EC4N 7BP.
2. WHAT IS INCLUDED?
a) The fixed price appliance repair fee includes VAT and covers you against the cost of the service engineers call out and evaluation
c) Parts (when required) up to the value of £200
d) Full testing and a professional safety check.
e) A repair to resolve the fault entered in the "Description of Fault" box on your original quotation form.
3. WHAT IS NOT INCLUDED?
a) Commercial appliances or domestic appliances installed in commercial premises.
b) Appliances situated in caravans or on boats.
c) Glass hob tops.
d) Food loss or spoilage.
e) Repairs as a result of misuse, negligence or poor installation.
f) Repairs as a result of appliances being affected by flood damage or infestation.
g) Repairs to appliances that have not been installed in accordance with the manufacturers' recommendations.
h) Appliances that differ from the details used to obtain the quote, including the age of the appliance.
i) Appliances over 10 years old and the parts are found to be obsolete.
j) Refrigeration products such as fridges, freezers, air conditioning units, dehumidifiers and certain tumble dryers require refrigerant gas to operate correctly. If your appliance requires refrigerant system work we can only undertake this work where the gas type is R600a. We cannot carry out refrigerant system work on any other gas type. Please review the rating plate of your product to determine the gas type.
If our engineer visits and finds that your repair falls into any of the above categories we will cancel the repair and arrange to refund you the fixed price fee paid less a call out / administration charge of £50.00.
4. YOUR FIXED PRICE REPAIR APPOINTMENT
a) On completion of your quotation and acceptance of our terms and conditions your credit card will be charged at the agreed fee within the next working day.
b) You will receive an email or postal booking or a telephone confirmation. This will contain your job number and the date the engineer has been booked to visit.
c) Our approved service engineer will usually call out on the agreed date and carry out the repair to your appliance. If any part(s) are required the service engineer will usually order the part(s) within 1 working day of the call out.
d) If the parts required are in stock they will be delivered to the engineer within 2 working days of the order being placed.
e) If the part(s) are not in stock we will arrange to obtain the part(s) from our suppliers and will keep you informed of progress (normally via phone). As soon as the part(s) are available our service engineer will contact you to arrange a new appointment date to complete the repair.
f) It should be noted that unfortunately there are a handful of manufacturers whose parts are not easily sourced and in some cases these have to be obtained from abroad, which will result in a delay in completing the repair.
g) All repairs will require full and easy access to the appliance (e.g. able to be moved from under a work surface without damaging the surrounding facia). If your appliance cannot be easily accessed to facilitate the repair we reserve the right to abort the repair. In such instances we will refund you the original fixed price fee paid less a call out / administration charge of £50.00.
h) Parking that gives reasonable access to your property must be provided for the engineer. If the parking is pay and display or permit controlled, it is your responsibility to arrange for the engineer to park free of charge for the duration of their visit.
5. CONSUMER RIGHTS AND CANCELLATION
If you are contracting as a consumer, you have the right to cancel your contract for services at any time before the expiry of the "cooling-off period", which is a period of fourteen (14) days after the date on which our contract with you is formed.
If your order is cancelled in accordance with the cooling-off period you will receive a full refund of the price paid for the goods and/or services in accordance with our refunds policy (set out in clause 10 below).
To cancel a contract, you must inform us via telephone or email no later than 24 hours prior to the time of your booking time slot (please see changing or cancelling your appointment).
You will not have any right to cancel a contract for the supply services:
a) After the end of the cooling-off period
b) If you have agreed to performance of these services before the cooling-off period has ended.
c) In a few instances the required part(s) may not be readily available from our suppliers and may have extended lead times where they require sourcing from abroad. If after a period of 6 weeks, beginning from the first call out, the required part(s) is / are still outstanding and the appliance is inoperable either party has the right to cancel the fixed price repair. In this case you will be entitled to receive a full refund of the original fee paid. This can be arranged by calling our Customer Services Department on 0800 088 2943.
6. OUR RIGHT TO CANCEL
The sale and supply of services are always subject to availability of stock and authorisation of your payment details, so:-
In the event that we are reasonably unable to supply the services which you have ordered and in the time frame of your order due to circumstances beyond our control, we will endeavour to inform you of this as soon as possible and our contract with you will, insofar as it relates to goods or services which we are unable to supply, be treated as cancelled. Any prepayment that you have made will be refunded to you in full.
In the event that your payment is not authorised, we will endeavour to inform you of this as soon as possible and our contract with you will be treated as cancelled.
We reserve the right to cancel a fixed price repair if on evaluation or during the repair:
a) We estimate that the cost of parts required is greater than £200.
b) If the appliance is less than 10 years old and parts are found to be obsolete.
c) If the service engineer deems the appliance un-repairable.
In these instances you will be entitled to use the original payment fee as part payment towards a replacement appliance solely through one of our nominated suppliers.
7. CHANGING OR CANCELLING YOUR APPOINTMENT
a) You may change or cancel your appointment date at any time up to 16:00 on the day before the original agreed call out date. If you wish to change or cancel your appointment please call our Customer Services Department 0800 088 2943. In this case you will receive a full refund.
b) If you cancel the fixed price repair at any time after 16:00 on the day before the agreed appointment date we will refund you the original fixed price fee paid less a call out / administration charge of £50.00.
c) If our approved service engineer cannot gain access to the appliance on the agreed appointment date you will be charged a call out / administration fee of £50.00 with the balance of the fee paid refunded to you.
d) If we, or our approved service engineer has to change or cancel your selected appointment date and any alternative date offered is unacceptable to you we will give you a full refund of the fixed price repair fee paid.
e) If you wish to cancel whilst your repair is in progress, for example, the engineer has visited once but will need to return to complete the repair, we will refund you the original fixed price fee paid less a call out / administration charge of £50.00, provided no parts have been fitted. If parts have been fitted, you will not be eligible for a refund.
8. OUR REFUNDS POLICY
If you cancel your services to us:
a) Because you have cancelled the contract between us within the fourteen-day cooling-off period, we will process the refund due to you as soon as possible and, in any case, within 14 days of the day on which you gave us notice of cancellation. In this case, we will refund in full any moneys you have paid.
b) Not in the fourteen-day cooling-off period, we reserve the right to charge you late cancellation fee of £20.00 including VAT.
c) We will usually refund any money received from you using the same method originally used by you to pay for your purchase. We may, at our discretion refund any monies paid by cheque.
We warrant to you that any good purchased from us through our site will, on delivery and for the following 3 months (unless stated otherwise), conform to its description, be of satisfactory quality, and be reasonably fit for all the purposes for which goods of that kind are commonly supplied.
10. OUR LIABILITY
Subject to clause 9, our maximum aggregate liability to you for losses or damages suffered shall not in any circumstances exceed the price paid for the services.
Subject to clause 9, we will not be liable for the following losses:
a) Loss of income or revenue;
b) Loss of business
c) Loss of profits
d) Loss of anticipated savings
e) Loss of data
f) Waste of management or office time.
However, this clause 9 will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories of this clause.
Nothing in this agreement excludes or limits our liability for:
a) Death or personal injury caused by our negligence
b) Fraud or fraudulent misrepresentation
c) Any breach of the obligations implied by section 2 of the Supply of Goods and Services Act 1982
d) Defective goods under the Consumer Protection Act 1987
e) Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability
11. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Repair And Assure Ltd at 18 King William Street, London, United Kingdom, EC4N 7BP or email us at email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when booking a service, or in any of the ways specified in clause 11 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
13. TRANSFER OF RIGHTS AND OBLIGATIONS
The contract between you and us is binding on you and us and on our respective successors and assignees.
You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.
14. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
a) Strikes, lock-outs or other industrial action
b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
c) Natural Disaster(s) (Fire, Storm, Flood)
d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport
e) Impossibility of the use of public or private telecommunications networks
f) The acts, decrees, legislation, regulations or restrictions of any government; and
g) Pandemic or epidemic.
Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
A waiver by us of any default will not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12 above.
If any court or competent authority decides that any of the provisions of these terms and conditions or any provisions of a contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
17. ENTIRE AGREEMENT
We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these terms and conditions from time to time.
You will be subject to the policies and terms and conditions in force at the time that you order goods and or services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the goods and or service).
19. LAW AND JURISDICTION
Contracts for the purchase of goods and or services through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
20. THIRD PARTY RIGHTS
A person who is not party to these terms and conditions or a contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.