LCD Repair Terms & Conditions of Service |
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All customers in the EU and USA & all international territories agree to be bound by terms and conditions of service set forth below. |
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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; & thanksgiving & independence day. etc. | |||||||
"Contract" means a contract for the purchase by the Customer of Products or Services from LCD Repair Ltd incorporating these terms and conditions and arising from the acceptance by LCD Repair Ltd 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; | |||||||
"LCD Repair Ltd"means LCD Repair Ltd, OnCall LCDRepair.net, DataRecovery, IT Consulting or any such other business LCD Repair Ltd may appoint as sub-contractor to provide the Services to the Customer; | |||||||
"Intellectual Property Rights" means copyright, patent, trademark, service marks, registered designs, sui generis rights, know-how, confidential information, trade or business names or other similar rights together with applications for any of the foregoing; | |||||||
"Licence Agreement" means any licence agreement relating to use of the Software; | |||||||
"Order" means any written order for Products, or Products and Services, received by LCD Repair Ltd from the Customer; | |||||||
"Services" means any configuration or installation services provided by LCD Repair Ltd as sub-contractor of the Customer to end-users of Products in conjunction with the supply of Products; A successful LCD 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 lcd needing backlight Repair we will Repair said item and charge customer. Our Repair chargers are individual to the customers requests if a customer needs the engine spark plugs changed on his unit we will charge as requested and warranty only that and not the wheels or other non related parts of units, The same policy is represented in the large stores when a customer purchases a new lcd display is not warranted against damage caused to the unit inflicted by accident. if the customer should ask for a specific part of his LCD Repaired we will Repair only the pert requested our Repairs do not cover example a hard-drive if we Repair the lcd display. | |||||||
"Software" means any computer software supplied by LCD Repair Ltd, whether embodied in ROM, RAM, firmware or on disk, tape or other media. | |||||||
"Confidential Information" all information of whatsoever nature (whether oral, written or in any other form) containing or consisting of material of a 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, the Seller or the Buyer (as the case may be); | |||||||
"Delivery Address" the address for delivery of the Products as stated on the Purchase Order; | |||||||
"Price" the price payable for the Products as specified in the Purchase Order and payable in accordance with the terms of this Agreement; | |||||||
"Products" such products to be sold by the Seller to the Buyer as may be determined from time to time by the Seller and Buyer; | |||||||
"Purchase Order" the Buyer's purchase order for the Products; | |||||||
"Specifications" any plans, drawings, data or other information relating to the Products; | |||||||
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. | ||||||
1.5 | Reference to any statute or statutory provision or any other regulation includes any provision which subsequently supersedes it or re-enacts it (whether with or without modification). | ||||||
2. | Contract Formation | ||||||
2.1 | All Orders submitted by the Customer to LCD Repair Ltd and accepted by LCD Repair 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 LCD Repair Ltd shall be deemed to be acceptance of these terms and conditions. | ||||||
2.3 | Any terms and conditions appearing in any Order or other document whatsoever issued by the Customer shall be void and of no effect and these terms and conditions shall override any previous agreements relating to the provision of Products or Services between the parties. | ||||||
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 LCD Repair 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 LCD Repair 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 LCD Repair Ltd (unless such misrepresentation was made fraudulently) or any warranty not contained in the Contract. | ||||||
3. | Price | ||||||
3.1 | 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. | ||||||
3.2 | The price payable by the
Customer for Products or Services will be the price as quoted in the Purchase Order and
unless otherwise agreed in writing will be: (a) exclusive of Value Added Tax or other applicable sales tax whether in substitution or in addition which shall be paid by the Customer at the rate from time to time in force. (b) exclusive of LCD Repair Ltd's charges for delivery, handling or Services which will be added to LCD Repair Ltd's invoice for the Products. |
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3.3 | LCD Repair Ltd shall not be entitled to increase the Price (whether on account of increased material, labour or otherwise) without the prior written consent of the Customer, such consent not to be unreasonably withheld or delayed. | ||||||
3.4 | LCD Repair Ltd LCD Repair Ltd will not increase the price of any product after acceptance of the order where the product is available from stock, irrespective of any price changes from the manufacturer. | ||||||
4. | Payment | ||||||
4.1 | LCD Repair
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 LCD Repair Ltd . Such credit terms shall be determined by LCD Repair Ltd and confirmed in writing with the Customer. Payments due, if a bank certified check or company check is sent we will mail back units that day if personal check 5 business days to clear. No fix no fee only relates to agreed and verifiable Repairs possible and does not include, System logic motherboard Repair-diagnostics max $50 will be charged and return mailing costs. If customer agreeably mails items for Repair we expect to be treated just as in West Law or the Holy bibles Law that States in the book of Luke Chapter 10 Verse 7. For the Worker is Worthy of his Wages. |
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4.2 | 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) Business Days for the payment to be credited to LCD Repair Ltd's account. LCD Repair Ltd reserves the right not to release any Products or provide any Services until all such payments are cleared and credited to LCD Repair Ltd's bank account. | ||||||
4.3 | 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 LCD Repair Ltd's invoice and LCD Repair Ltd reserves the right to suspend deliveries where payment is delayed. | ||||||
4.4 | Where Credit terms are granted, no amendments will be effective unless made in writing by the Credit Manager. Purported Amendments by E-Mail or telephone will not be effective. | ||||||
4.5 | If Products are delivered in instalments LCD Repair Ltd reserves the right to invoice each instalment as and when delivery is made to the Customer in which case payment shall be due in accordance with clause 4.2 or 4.3 above notwithstanding non-delivery of other instalments or fulfilment of the entire order. | ||||||
4.6 | 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 LCD Repair Ltd under the Contract have been paid. LCD Repair Ltd may at its discretion, withdraw credit facilities in the event of any breach of this contract by the Customer. | ||||||
4.7 | If payment is not received by
the relevant due date LCD Repair 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 four (4) per cent per annum above the Lloyds TSB Bank plc 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 specified in clause 4.7(2) above together with costs payable on a Solicitor and own Client basis. |
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4.8 | All payments made by the Customer to LCD Repair Ltd shall be in sterling in immediately available funds free and clear of any right of set off or counter claim or any withholding or deduction whatsoever. | ||||||
4.9 | Only a director of the company may agree terms of payment whereby the Customer may defer payment to LCD Repair Ltd until receipt of monies from a third party. | ||||||
4.10 | Any agreement in 4.9 must be in writing, prepared before and referred to in the Customer's Purchase Order and will not constitute a guarantee of performance to the Customer of any third party. | ||||||
4.11 | 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 | ||||||
5. | Title | ||||||
5.1 | Risk of damage to or loss of the Products shall pass to the Customer upon delivery to the address specified in the Purchase Order in accordance with Clause 6. i.e. 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 LCD 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. | ||||||
5.2 | Full legal, beneficial and
equitable title to and property in any Products shall remain vested in LCD Repair Ltd ( even though they have been delivered and risk has passed to the
Customer ) until : (i) payment in full of the purchase price (together with any interest and VAT thereon) and in cleared funds has been received by LCD Repair Ltd in respect of those Products; and (ii) all other amounts payable by the Customer to LCD Repair Ltd have been received by LCD Repair Ltd. |
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5.3 | Title to and property in Products will remain with LCD Repair Ltd notwithstanding that the relevant Products have been incorporated in or affixed to other products including, for the avoidance of doubt, the storage of or incorporation of any Software in ROM, RAM or any other hardware, software or firmware or other media whatsoever. | ||||||
5.4 | Until full legal, beneficial
and equitable title to and property in any Products passes to the Customer, (a) the Customer shall hold the Products on a fiduciary basis as LCD Repair Ltd's bailee (b) the Customer will store those Products delivered to its premises in a proper manner and condition which adequately protects and preserves the products and shall insure them, without any charge to LCD Repair Ltd and not tamper with any identification upon the products or their packaging and shall ensure that they are stored separately from any other goods ( whether or not supplied by LCD Repair Ltd ) and are clearly identifiable as belonging to LCD Repair Ltd and LCD Repair Ltd shall be entitled to examine any such Products in storage at any time during normal business hours upon giving the Customer reasonable notice to do so. (c) LCD Repair Ltd may at any time, on demand and with prior notice, require the Customer to deliver the Products up to LCD Repair Ltd and may repossess and resell the Products if any of the events specified in Clause 15 occurs or if any sum due to LCD Repair Ltd from the Customer under this contract is not paid when due. |
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5.5 | If the Customer fails to redeliver any Product on demand in accordance with clause 5.3, LCD Repair Ltd shall be entitled with notice, without incurring any liability to the Customer, to enter the Customer's premises for the purpose of taking possession of the Product, and to take such steps as are necessary to remove the Product including the right to dismantle any product into which the Product has been incorporated and the right to detach the Product from any other goods to which the Product has been attached, provided that this can be done without damaging any product into which it has been incorporated. | ||||||
5.6 | The Customer shall fully indemnify LCD Repair Ltd in respect of all LCD Repair Ltd's costs (including legal costs) in connection with enforcing the provisions of clause 5.5. | ||||||
5.7 | LCD Repair Ltd hereby authorises the Customer to use and/or sell the Products in the normal course of the Customer's business and to pass good title in the Products to its customers, if they are purchasers in good faith without notice of LCD Repair Ltd's rights. This right shall automatically cease on the occurrence of any event set out in Clause 15 and/or if any sum owed to LCD Repair Ltd by the Customer is not paid when due. If the Customer sells the Product prior to paying the full price thereof the Customer shall hold the proceeds of sale on trust for LCD Repair Ltd. | ||||||
5.8 | Where a Product is sold or otherwise disposed of to a third party before title to and property in it has passed to the Customer, the sale will constitute a sale by the Customer of LCD Repair Ltd's property, and the Customer shall hold on trust for LCD Repair Ltd such sum as represents, or is equivalent to, the price at which the Product concerned was invoiced by LCD Repair Ltd to the Customer. | ||||||
5.9 | On termination under Clause 15.1(a) or (b) or upon the Customer entering into a voluntary arrangement, if the Customer has not received the proceeds of any such sale or disposition, it will, if required by LCD Repair Ltd, assign to LCD Repair Ltd forthwith all rights against the person, firm or company by whom the proceeds are owed, identify the person ,firm or company and provide all relevant information relating to the transaction with the third party. | ||||||
6. | Delivery | ||||||
6.1 | LCD Repair Ltd shall use its reasonable endeavour to deliver Products 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. | ||||||
6.2 | Any dates quoted or mentioned by LCD Repair Ltd for delivery of the Products or the provision of the Services whether verbally or otherwise are estimates only and whilst LCD Repair Ltd will use all reasonable endeavours to meet such dates it cannot guarantee to do so. | ||||||
6.3 | Time will not be of the essence in the delivery of the Products or the performance of the Services. | ||||||
6.4 | LCD Repair Ltd shall deliver the Products to such address or addresses as notified by the Customer to LCD Repair Ltd for each order, subject to prior agreement with the Customer. LCD Repair Ltd shall be entitled to make partial deliveries of the Products or deliveries of the same by instalments. A signed delivery note shall be satisfactory proof that delivery has taken place. | ||||||
6.5 | Notwithstanding clause 5 above, the risk in any Product shall pass to the Customer on delivery of the same to the Customer at the address given by the Customer to deliver the Products. | ||||||
6.6 | All illustrations or specifications contained in any catalogues or publicity material produced by LCD Repair Ltd are approximate only and are only intended to convey a general idea of the Products or Services. | ||||||
6.7 | LCD Repair
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 LCD Repair Ltd unless claims to that effect are
notified in writing to LCD Repair Ltd (with a copy to LCD Repair Ltd's carrier in the case of non-delivery,
non-collection, loss or damage): (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 LCD Repair Ltd's invoice in the case of non-delivery. |
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6.8 | In the event of a valid claim by the Customer under clause 6.7, LCD Repair 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 LCD Repair Ltd will become LCD Repair Ltd's property upon replacement. | ||||||
6.9 | If the Customer fails to give notice in accordance with clause 6.7, 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. | ||||||
7. | Services | ||||||
7.1 | Where the Customer requires LCD Repair Ltd to carry out any configuration or installation services as defined in clause 1.1 herein either for the Customer and /or the end-user, LCD Repair Ltd shall do so as sub-contractor to the Customer and this agreement and the terms contained herein shall contstitute the sub-contract. | ||||||
7.2 | LCD Repair Ltd will use all reasonable endeavours 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. | ||||||
7.3 | If the Services are to be
provided according to a timetable ("the Timetable") LCD Repair Ltd shall use all reasonable endeavours 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. We require customers to send in writing any complaints to our address, we will not be held responsible to reading every email sent since we do not always have the time to read emails or emails with viruses were removed. Complaints over the phone will be refereed to a written letter to the manager at our address. |
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8. | Cancellation and Return | ||||||
8.1 | Except as provided herein, the Customer shall not be entitled to return any Product or cancel any Orders which LCD Repair Ltd has accepted without LCD Repair Ltd's prior written agreement and any such cancellation or return shall be subject to the Product returned being sent with a RMA # Sorry, no refunds, replacements only. CCFL replacements only, after the sold items are returned to us, If we give a return RMA there will be a 30% restocking fee and return mailing costs and administrative if any:- Why a restocking fee? when customers apply for credit card chargeback, the credit card company charges us $15 + the amount we have just given back to the customer + original mailing costs and return of goods processing. We also have charges for administration time, per hour, for our employees. (1) accompanied by a reference to a returns note number issued by LCD Repair Ltd (2) in "mint" condition, defined as being the condition that they were in at the time and point of delivery to the customer (3) complete with all original packing (4) being a stock item as defined by LCD Repair Ltd. Products, which are returned but do not meet these conditions for acceptance will be refused, will be returned to the customer and the invoice must be paid in full. |
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8.2 | Unless otherwise agreed in writing, the Customer shall be responsible for the cost of carriage and insurance in respect of all Products returned to LCD Repair Ltd, which Products shall also be at the Customer's risk until actual receipt by LCD Repair Ltd. | ||||||
8.3 | Notification of the Products to be returned must be made within 30 days of the date of original invoice and unless otherwise agreed the products must be returned within 10 days of acceptance of the return by LCD Repair Ltd. | ||||||
9. | DOA Policy | ||||||
9.1 | Any Products failing within the specified period of either LCD Repair Ltd's invoice to the Customer or the Customer's invoice to their customer shall be returned to LCD Repair Ltd within 10 days of the date of advising the return to LCD Repair 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. | ||||||
9.2 | The specified period in 9.1 will be 14 days for all products | ||||||
9.3 | Products not returned within 10 days of notification will not be credited | ||||||
9.4 | All products must be returned with their original packaging. | ||||||
9.5 | On acceptance of the returned product, a credit note will be issued by LCD Repair Ltd to the Customer for 100% of the value originally invoiced. | ||||||
9.6 | Unless otherwise agreed, this clause does not apply to LCD computers with cracked or damaged screens. | ||||||
10. | Warranties | ||||||
10.1 | LCD Repair Ltd , 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 LCD Repair Ltd under an agreement with the manufacturer or supplier of the relevant Product. | ||||||
10.2 | 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. | ||||||
10.3 | LCD Repair Ltd may in its discretion offer support or maintenance services with respect to Products. | ||||||
10.4 | 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. | ||||||
10.5 | If any services are provided by LCD Repair Ltd , LCD Repair Ltd warrants that the Services will be carried out with reasonable care and skill and by suitably trained and qualified persons. | ||||||
11. | Liability | ||||||
11.1 | LCD Repair Ltd will accept liability without limitation for death or personal injury caused by the negligence of LCD Repair Ltd (and for any fraudulent misrepresentation). | ||||||
11.2 | The maximum liability of LCD Repair Ltd whether in contract, tort or otherwise for any direct physical damage to tangible property of the Customer caused by a Default by LCD Repair Ltd shall be limited to the lesser of �25,000 per incident or series of incidents or an amount equal to the sums paid by the Customer under the Contract during the preceding 6 months. | ||||||
11.3 | The maximum aggregate liability of LCD Repair Ltd to the Customer whether in contract, tort or otherwise for any direct loss or damage (other than to tangible property) suffered by the Customer as a result of any Default of LCD Repair Ltd shall be limited in aggregate to the lesser of �5,000 or an amount equal to the sums paid by the Customer under the Contract during the preceding 12 months. | ||||||
11.4 | LCD Repair Ltd shall not be liable to the Customer whether in contract, tort or otherwise
and even if foreseeable by or in the contemplation of LCD Repair 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. |
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11.5 | Any advice or recommendations given to the Customer by LCD Repair Ltd or its employees or agents as to storage, application, use or preference of the goods which is not confirmed in writing by LCD Repair Ltd , is followed or acted upon entirely at the Customer's own risk and accordingly LCD Repair Ltd shall not be liable for any such advice or recommendation which is not so confirmed. | ||||||
12. | Intellectual Property Rights | ||||||
12.1 | 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 LCD Repair Ltd during the course of providing the Services shall vest in LCD Repair 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 LCD Repair Ltd . | ||||||
12.2 | The Customer will notify LCD Repair 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 LCD Repair Ltd and/or its suppliers in taking all steps necessary to defend the owners' rights. | ||||||
12.3 | 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 LCD Repair Ltd or LCD Repair Ltd's suppliers may require. | ||||||
12.4 | 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. | ||||||
13. | Confidentiality | ||||||
13.1 | 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. | ||||||
13.2 | This clause shall not extend to any information which was rightfully in the possession of a party prior to the commencement of the negotiations leading to a Contract, which is already public knowledge or becomes so at a future date (otherwise than as a result of a breach of the clause) or which is trivial or obvious. | ||||||
13.3 | Each party shall ensure that its employees are aware of and comply with the provisions of this clause. | ||||||
13.4 | This clause shall apply for a period of 2 years following any termination of this contract | ||||||
14. | Termination | ||||||
14.1 | Without prejudice to any other
rights or remedies LCD Repair Ltd might have against the
Customer LCD Repair Ltd may terminate a Contract or suspend
the performance of its obligations under a Contract forthwith by notice in writing to the
Customer if:- (a) the Customer defaults in making payment for any of the Products or Services supplied by LCD Repair Ltd within seven days of its due date; or (b) the Customer defaults in any of its obligations under these terms or a Contract; or (c) the Customer makes any voluntary arrangement with its creditors (within the meaning of the Insolvency Act 1986) or becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction) or a trustee receiver, administrative receiver or similar officer is appointed in respect of all or any part of the business or assets of the Defaulting Party; or (d) the Customer is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 be unable to pay his debts or any steps are taken to wind up the Customer, or an administrator, administrative receiver or receiver is appointed over the Customer's business or any part of its assets. |
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14.2 | Upon termination of a Contract under clause 14.1, LCD Repair Ltd shall have the right, without prejudice to any other right or remedy available, to enter the Customer's premises and repossess the Product or any of them and shall have the right to dismantle any machinery, product, item or equipment into which the Product or any of them have been incorporated and the Customer shall be responsible for all LCD Repair Ltd's costs and expenses in connection with so doing. | ||||||
15.3 | Those clauses capable of surviving termination shall do so. | ||||||
15. | Variations | ||||||
15.1 | LCD Repair Ltd reserves the right to modify these terms and conditions upon notice in writing to the Customer. Any such modification will apply on the effective date specified in the said notice to all Orders which are accepted by LCD Repair Ltd on or after the date of notice. The Customer shall have thirty days from the date of notice within which to cancel any Order sent to LCD Repair Ltd prior to the date of notice and not accepted by LCD Repair Ltd at that date. | ||||||
17. | Assignment | ||||||
17.1 | The Customer shall not assign or otherwise transfer any of its rights or obligations under a Contract whether in whole or in part without the prior written consent of LCD Repair Ltd which shall not be unreasonably withheld. | ||||||
18. | Personnel | ||||||
18.1 | The Customer acknowledges that LCD Repair Ltd has incurred significant costs in recruitment and training its employees to enable them to provide the Services. Accordingly the Customer agrees that it will not, and it will ensure that no other company within its Group will not, solicit or approach in any way, any of LCD Repair Ltd's employees who are involved in the provision of the Services with a view to offering them employment or to solicit services from them on their own account (whether for the Customer or another party) during the period of the Contract and for a period of six (6) months after termination or expiration of the Contract. | ||||||
18.2 | The Customer acknowledges that damages will not be an adequate remedy for LCD Repair Ltd if the Customer breaches clause 7.1 and that LCD Repair Ltd will be entitled to seek injunctive relief and any other equitable remedies with respect to such breach. | ||||||
18.3 | If any employee of LCD Repair Ltd leaves the employment of LCD Repair Ltd as a result of a breach by the Customer of clause 18.1 and commences
employment with, or provision of services to, the Customer or any other member of the
Customer's Group it shall pay LCD Repair Ltd 50% of the
higher of:- (a) the annual salary (including any benefits-in-kind, bonus payments, commissions and other emoluments) of the employee at the date that they ceased to be an employee of LCD Repair Ltd; and (b) the annual salary of the employee at the time they commence employment by the Customer or other member of the Customer's Group and the Customer acknowledges that any such payment is by way of liquidated damages and is a reasonable and genuine pre-estimate of LCD Repair Ltd's losses. |
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18. | Invalidity | ||||||
18.1 | If any provisions, or portions thereof, of a Contract are held to be invalid and unenforceable under any applicable statute or rule of law, they are to that extent to be deemed omitted and the validity and/or enforceability of the remaining provisions of the Contract shall not be impaired or affected by that omission. | ||||||
19. | Force Majeure | ||||||
19.1 | Neither LCD Repair Ltd nor the Customer shall be liable to the other or be deemed to be in
breach of this Agreement by reason of any delay in performing, or any failure to perform,
any of its obligations in relation to the Products, if the delay or failure is beyond that
party's reasonable control. Without prejudice to the generality of the foregoing, the
following shall be regarded as causes beyond either party's reasonable control:- 20.1.1 Act of God, explosion, flood, tempest, fire or accident 20.1.2 war, sabotage, insurrection, civil disturbance or requisition; 20.1.3 acts, restrictions, regulations, bye laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; 20.1.4 import or export regulations or embargoes; 20.1.5 strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of either the Seller or the Buyer or of a third party); 20.1.6 power failure or breakdown in machinery. |
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20. | Notices and amendments | ||||||
20.1 | 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. LCD Repair workshop after 12 weeks after receipt of unit if customer will not pay for Repairs or return shipping of goods, we will dispose of any LCDs being stored on our premises, unless agreed to a storage charge of amount of 14 per month storage agreement to store goods for customer until payment can be arranged. also 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 LCDs Repaired by us are subject to these terms, if a LCD 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 LCDs 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. | ||||||
21. | Law | ||||||
21.1 | All Contracts shall be governed by, and construed in accordance with, the governing law of our territory and the parties submit to the exclusive jurisdiction of the courts. Any false statements or claim against us without evidence from the claimant, we shall peruse and follow up on taking to court slander or claims without claimants proper evidence from claimants case will be deemed slander against our good name. BBB or any federal or government agencies are required by law to verify the truthfulness claims coming from the general public, it would be deemed a lack of responsibility to take the side of a claimant without hearing the side of the defendant and then advertising the slander or lies. | ||||||
22. | Waiver | ||||||
22.1 | 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. | ||||||
23. | Rights of Third Parties | ||||||
23.1 | The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Contract. No person who is not a party to this Contract (including any employee, officer, agent, representative or subcontractor of either party) shall have the right (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise) to enforce any term of this Contract which expressly or by implication confers a benefit on that person without the express prior agreement in writing of the parties which agreement must refer to this clause. | ||||||