These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and FixAll Plant and Tool Repairs LTD, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
In these terms and conditions, User or Users means any third party that access the Website and is not either (i) employed by FixAll Plant and Tool Repairs LTD and is acting in course of their employment or (ii) engaged as a consultant or otherwise providing services to FixAll Plant and Tool Repairs LTD and accessing the Website in connection with the provision of such services.
You muse be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
The consumer has the right to inform the seller that he renounces the purchase without paying a penalty and without giving any reason, within fourteen calendar days from the day following the delivery.
Intellectual property and acceptable use
1. All content included on this Website, unless uploaded by Users, is the property of FixAll Plant and Tool Repairs LTD, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, stoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission.
2. You may, for your own persona, non-commercial user only, do the following:
a. Retrieve, display and view the content on a computer screen
b. Print one copy of the Content
3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of FixAll Plant and Tool Repairs LTD.
4. You may not use the Website for any of the following purposes:
a. in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;
b. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
c. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
5. You must ensure that the details provided by you on registration or at any time are correct and complete.
6. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
7. We may suspend of cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
8. You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.
Links to Other Websites
9. This website may contain links to other sites. Unless expressly stated, these sites are not under the control of FixAll Plant and Tool Repairs LTD or that of our affiliates.
10. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
11. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Availability of the Website and Disclaimers
12.Any online facilities, tools, services or information that FixAll Plant and Tool Repairs LTD makes available through this website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. FixAll Plant and Tool Repairs LTD is under no obligation to update the information on the Website.
13. Whilst FixAll Plant and Tool Repairs LTD uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
14. FixAll Plant and Tool Repairs LTD accepts no liability for any disruption or non-availability of the Website.
15. FixAll Plant and Tool Repairs LTD reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
Limitation of Liability
16. Nothing in these terms and conditions will:(a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable;(b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
17. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
18. To the maximum extent permitted by law, FixAll Plant and Tool Repairs LTD accepts no liability for any of the following:
a. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
b. loss or corruption of any data, database or software;
c. any special, indirect or consequential loss or damage.
19. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably beleive your rights will not be affected.
20. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the current version.
21. These terms and conditions contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
22. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provisions of these terms and conditions.
23. If any court of competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforcible, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforcibility of the other provisions of these terms and conditions will not be affected.
24. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
25. These terms and conditions will be governed by and interpreted according to English law. All disputes arising under these terms and conditions will be subject to the exclusive jurisdiction of the English Courts.
Returns and Warranties
26.Other than the express provisions set out in these Terms, all other terms and the implied terms or warranties relating to the supply of goods or services are excluded to the fullest extent permitted by law.
27.You should notify us immediately and in any event no longer than 48 hours after delivery in the event that Goods are found to be damaged on delivery, items are missing or the Goods are not as specified in the Order Confirmation or have been delivered to you by mistake.
28.In the event that you need to return Goods, then a Goods Return Material Authorisation (RMA) must be obtained from us for each and every return so that we are able to administratively process your return, otherwise we have no means of identifying the Goods being returned and this may result in difficulties in returning monies. You will be sent a RMA acknowledgement by email which will also include a downloadable returns label that should be printed off and secured onto the exterior of the package. The RMA must be clearly shown on each parcel returned, and must be in the original manufacturer's packaging (which shall not be defaced) complete with accessories, manuals and documentation. Software packages must be returned unopened with the Software seals intact. Except in the case of faulty Goods, returned items not complying with these requirements will be rejected.
Care of Goods to be Returned
29.Whilst in possession of the Goods you will be under a duty to take reasonable care of them. We reserve the right to refuse a refund on Goods returned which have been made unfit for resale or damaged whilst in your possession.
Address for Returns of Goods
30.If you need to return Goods to us for whatever reason, then please send such items to: FixAll Plant & Tool Repairs LTD, 39 Hornsby Square, Southfield Business Park, Laindon, Essex SS15 6SD.
Return of Defective Goods
31.In the event that Goods are found to be defective at any time within the first 30 days from delivery then please contact our Customer Services team immediately that you become aware of the defect, ensuring that you have the item’s serial number available to provide to our staff. Different manufacturers have differing policies for dealing with Goods, which are termed ‘dead on arrival’ meaning that the Goods are found to be faulty either on delivery or very shortly afterwards. You will therefore be advised by our Customer Services team of the relevant manufacturer’s returns policy. In the event that a manufacturer’s returns policy applies we will not charge you for the collection of the defective Goods. It is your responsibility to package and secure the Goods prior to collection to prevent damage during their return to us.
32.We shall at our option repair or replace such defective Goods (or the defective part) and only if a repair or replacement is not possible or would be disproportionate to the price of such Goods we shall at our discretion refund the price of such defective Goods at the pro-rata contract rate provided that you return the defective Goods to us with all internal and external parts that were delivered with the Goods.
33.If we arrange for a courier collection of your Goods, this will normally take place between 8.00am and 6.00pm, and it is your responsibility to ensure that someone will be present at the collection address when the courier arrives.
34.On receipt by us of the returned defective Goods, if following the testing process the defective Goods are found to be in good working order without defect, we will return the Goods to you, and the carriage costs of this return will be your responsibility. Please note that if you have, in the meantime, required us to provide you with replacement Goods before completion of the testing process, you will be liable to pay for these Goods. If, when we examine the defective Goods, it is evident that the defect has arisen because you have failed to follow FixAll’s or the manufacturer’s instructions as to the storage, installation, commissioning, use or maintenance of the Goods, or if you have altered the Goods without the written consent of FixAll then we reserve the right to refuse a repair, replacement or refund.
35.You should note that we adhere to individual manufacturers’ guidelines in respect of acceptable deviation of quality of certain items. Therefore, we reserve the right not to accept Goods considered by you to be defective if the error or fault is within the manufacturer’s accepted manufacturing tolerances. If you have any doubt, please contact our Customer Services.
36.If Goods become faulty more than 30 days after delivery then you are advised to contact the manufacturer and use their warranty procedure. Unless otherwise stated in the manufacturer's documentation, all Goods carry a manufacturer's warranty.
37.If you wish to make a warranty claim, you must comply with the manufacturer's instructions and warranty procedure. In order to resolve your problem as quickly as possible, we will refer you to the manufacturer who will deal directly with the return. In these instances, we will provide you with the contact information for the relevant manufacturer.
38.All warranties provided under these Terms shall be invalidated if the Goods have been worked upon, altered or damaged in any way by you or your employees or agents, or if the Goods have not been used in accordance with the manufacturer's instructions.
39.You should note that certain Goods have a reduced warranty period. In particular, Goods specified as ‘refurbished’ are only subject to a 30-Day warranty from the date of delivery. Your statutory rights are not affected when you purchase such Goods.
Return for credit
40.In the event that we, at our absolute discretion, agree to accept the return for credit of unwanted products, the Goods must be returned with our prior written agreement within 14 days of delivery. The Goods must be unopened, with the manufacturers’ seals intact and in perfect re-saleable condition. All Goods returned in these circumstances will not be subject to a re-stocking fee. Please ensure that the Goods you have purchased are to your specification prior to breaking the manufacturers’ seals. This will avoid disappointment and the Goods being rejected, should you wish to return them.
41.Any Goods returned unopened, with the manufacturers’ seal intact and in re-saleable condition, outside of the 14 days specified in clause 5.8(a) may be returned for credit subject to our absolute discretion and shall be decided by us on a case-by-case basis. All Goods returned in these circumstances will be subject to a reasonable re-stocking fee to cover our administrative charges.
Provision of Services
42.If you purchase Services from us, then we shall use our skill and expertise to carry out the Services to a standard equivalent to that of a competent professional, and shall warrant our work as free from defects for a period of 30 days after completion. In particular, we cannot be held responsible for any fault or damage not caused by our services engineers or their contracted agents. In the event of a claim arising relating to the level of skill and judgement applied in the course of providing Services, we reserve at our sole discretion the right to appoint an independent expert in the field to appraise the work carried out in the execution of the Service(s).
43.We accept no liability for equipment repaired or estimated by us when the equipment has subsequently been altered or taken apart by persons other than ourselves or our agents. Except as set out here, all other express or implied terms or warranties relating to the Services are excluded to the fullest extent permitted by law.
Title retention clause
44.Title to Goods shall remain vested in FixAll Plant & Tool Repairs LTD and shall not pass to the Customer until the purchase price for the Goods has been paid in full and received by FixAll Plant & Tool Repairs LTD. Until title to the Goods passes:
45.FixAll Plant & Tool Repairs LTD shall have authority to retake, sell or otherwise deal with and/or dispose of all or any part of the Goods;
46.FixAll Plant & Tool Repairs LTD and its agents and employees shall be entitled at any time and without the need to give notice enter upon any property upon which the Goods or any part are stored, or upon which FixAll Plant & Tool Repairs LTD reasonably believes them to be kept;
47.The Customer shall store or mark the Goods in a manner reasonably satisfactory to FixAll Plant & Tool Repairs LTD indicating that title to the Goods remains vested in FixAll Plant & Tool Repairs LTD; and
48.The Customer shall insure the Goods to their full replacement value, and arrange for FixAll Plant & Tool Repairs LTD to be noted on the policy of insurance as the loss payee.
49.Irrespective of whether title to the Goods remains vested in FixAll Plant & Tool Repairs LTD, risk in the Goods shall pass to the Customer upon delivery.
FixAll Plant and Tool Repairs LTD details
50. FixAll Plant and Tool Repairs LTD is a company incorporated in England and Wales with registered number 9615816 whose Registered Address is:3rd Floor Crown House, 151 High Road, Loughton, Essex IG10 4LG and Trading address is: 39 Hornsby Square, Southfields Business Park, Laindon, Essex, SS15 6SD and it operates the Website www.fixallplant.com. The registered VAT number is: 214998770. You can contact FixAll Plant and Tool Repairs LTD via email: Sales@FixAllPlant.com