Fujitsu’s Out of Warranty Repair Service

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DISCLAIMER

Please note that Fujitsu Telecommunications Ireland takes no responsibility for any data loss during the repair procedure or any unexpected events occurring, or for equipment which may deteriorate during inspection/repair. In the majority of cases, the hard disk will not be at fault and some other component is more likely to have failed. However, we always recommend that you back up your data before shipping the computer back to us.

In those instances where the hard disk has failed, data recovery may still be possible but this can be time consuming and will carry additional cost – it cannot ever be guaranteed to be 100% successful.

If you are concerned about the loss of valuable data, please ensure that you have discussed this with us before shipping your computer back to us. We will do everything we can to help.

All sales for goods and services made by Fujitsu Telecommunications Ireland are subject to these standard Terms & Conditions, except where agreed otherwise in writing.

DEFINITIONS

"Our", "Us" and "We" refers to the seller (vendor) whose trading style appears on your order and invoice. "You" and "Your" refers to the original company, organisation or individual who purchases goods and/or services directly from us. "Reseller" refers to any person or company who purchases items for resale onto a third party. "Consumer" refers to any person who is acting for purposes which are outside his trade, business or profession. In all cases, for 'he' read 'he or she'.

YOUR RIGHTS

You and We are protected by statutory (legal) rights, according to the laws of England and Wales or any European Legislation which applies in England, Wales, Scotland and Northern Ireland. Where statutory legislation exists, or new legislation comes into force, your and our statutory rights are not affected by anything within these terms, and those rights take precedence over these terms. Where any part of these terms is over-ridden by legislation, all other terms still apply. Any order placed with us is subject to acceptance.

1. PRICE

All prices quoted exclude carriage and VAT, unless otherwise specified, which will be charged at applicable rates and added to the invoice total. Unless explicitly requested, method of carriage will be at our discretion within the UK and Ireland. Any costs omitted or corrections on your invoice will be invoiced or credited later. Please notify us within 24 hours if you believe you have not been invoiced the correct amount and we will correct the error immediately. All advertised, advised and published pricing is subject to change at any time without notice due to market or currency fluctuations, changes to legislation and other factors. If a price has risen, we will advise before proceeding with an order, if you have been specified a different price on your order or agreement to proceed. Should there be legislation that requires an overall price adjustment, for example, an increase in VAT, then all customers who have received an estimate will receive a new estimate within 72 hours.

2. ESTIMATES FOR REPAIR

The Contract will be made when We commence Repair Services after Your authorised representative has instructed Us in writing to undertake the Repair Services set out in Our quotation.

Repair Services shall be carried out with reasonable care and skill and, so far as is reasonably and economically possible, in such a manner as to comply with the original manufacturer’s technical specification where such information is available.

We reserve the right not to effect repairs upon Equipment which in Our view has been improperly used or cannibalised. We reserve the right to replace the whole or any parts or accessories of the Equipment and to use second user or reconditioned parts. Where the Equipment is irreparable or beyond economic repair, We may offer alternative Goods subject to Your agreement.

We do not correct software defects nor load or reload software applications. You are strongly recommended to adopt and implement comprehensive back-up procedures, as We will not be liable for any damages whatsoever, whether direct or indirect (including any liability to any third party), resulting from the loss of or damage to data or software application occurring as a result of the Repair Service whether such loss or damage is caused by Our negligence or otherwise howsoever.

3. PAYMENT

The customer shall pay strictly on invoice, prior to the dispatch of any repaired/unrepaired item. We accept payment in either Sterling or Euro, by cheque, credit card, banker’s draft and BACS.

4. DEBT RECOVERY COSTS

All costs, charges and expenses incurred by us in recovering any debt shall be paid by you. If a payment made by cheque is refused, you shall be liable for all reasonable costs incurred as a result.

5. TITLE

All goods remain our property until such a time as they have been paid for in full, as per all invoices issued by us for those goods. Goods supplied may not be resold by you until they have been paid for in full, unless the new purchaser is made aware that title remains with us until we have been paid in full.

6. DELIVERY & TRANSIT DAMAGE

Courier collection service is included in the validation fee and this should take place next business day if arranged before 2 pm.

Please ensure that your property is adequately insured during transit as we cannot accept any responsibility for any lost or damaged items.

Claims for damage or loss of equipment during shipment/collection by our courier are in accordance with the courier and insurance companies’ terms and conditions. Goods damaged in transit must be notified to us within 24 hours of receipt. The customer is responsible for and expected to carry out a thorough and reasonable inspection of the goods before signing for the receipt of the goods from the delivery Company, and in the event of any problem you must notify Fujitsu Telecommunications Ireland either by fax or email. You must retain all the original packaging as that may be required in event of a claim.

It is vital that you provide the correct address information, and in as much detail as possible, including a complete postcode. If the address or postcode you give is incorrect, you may be charged for the re-routing costs. We will use our best endeavours to dispatch goods to you in any promised time frame but we do not guarantee to do so. Where goods are delivered to you by an independent carrier then every effort will be made to ensure that the specified time frame is met. Delivery is on a strict Monday-to-Friday basis.

7. RETURNS

Should your notebook need to be returned to us with our agreement, because we have not rectified the original fault, then we will repair it under our warranty process, providing the fault is related to or as a direct result of the original repair. Should you have disposed of the packaging and require replacement then a charge will be made.

8. YOUR RIGHT TO CANCEL

Consumers ordering repair services or peripheral items may cancel an order which is unwanted within seven days of receipt only in accordance with your statutory rights. Collection/delivery charges may be made. You cannot cancel any contract for services carried out by us once they have been started, for example: repair for which you have given us the authority to proceed, plus associated collection, delivery, packing and handling charges. In order to cancel an order, you must ensure that we receive your notice within seven days. In order to avoid any misunderstanding or unnecessary cost, you are strongly advised to check with us before considering cancelling your order. When returning goods, you should use recorded delivery or some other suitably traceable/insured method.

9. WARRANTIES & SUPPORT

All new goods sold by us, are covered by a warranty of 6 months, or that required by applicable law. Notebooks which have been repaired by us will also carry a 6-month warranty, but only relating to the rectification of the original fault, as identified under the verification procedure.

For any warranty claim, you must have your original invoice. Do not attempt to repair, modify or open any product unless specifically advised by us to do so as this will invalidate the warranty. You need your proof of purchase (invoice) for all other support issues. The warranty runs from the original invoice date onwards. If a fault does develop or is found, this must be notified to us promptly. We shall endeavour to provide technical support to assist and/or enhance your usage of the services purchased from us; however, such services are provided as a courtesy only and not included in your contract with us and may be withdrawn or refused at any time. Should you have cause or reason to return to us, with our agreement, the goods or services that we have offered because we have not rectified the original repair, then we will collect the item, repair it and deliver it back to you at no cost to yourself.

Missing parts, physical damage, modification, attempted repairs or any misuse (unless attributable to us), shall void the original warranty or the 6-month (unless another period is specified) repair warranty, and any subsequent repair will be quoted for when the Item has been received from the Customer.

10. CREDIT CHECKING/VALIDITY

We reserve the right to liaise with credit reference companies or other agencies, especially in the processing of credit card payments, with regard to your status and to submit information accordingly and in line with relevant legislation. We also reserve the right to refuse any unexecuted order, without giving a reason.

11. TELEPHONE

Please be advised that for staff training purposes, as well as your and our own security, we may record incoming and outgoing telephone calls, and such recordings and emails may be supplied to law enforcement or anti-fraud agencies if we are required to do so.

12. DELIVERY/COLLECTION

All collections/deliveries on the UK mainland will be on a strict Monday-to-Friday basis using our own designated carriers. In the majority of cases, unless agreed otherwise, we dispatch using our preferred carrier for a standard delivery which is normally made the next working day after dispatch, but no absolute guarantee can be given of this or any other delivery times. "Working day" is considered to be Monday-to-Friday, excluding holidays or any other day on which we are closed. Deliveries may be made any time between 9 am and 5 pm. Our standard delivery service covers most parts of mainland UK, Northern Ireland and Republic of Ireland. It is essential that someone will be at the delivery address to receive and sign for the goods.

13. FORCE MAJEUR

If delivery is delayed by some cause that is totally outside the control of Fujitsu Telecommunications Ireland, its agents or carriers, then every effort will be made to notify the customer. The customer shall have no redress for a refund of carriage or ancillary charges and will allow such extra time for the goods to be delivered as is considered reasonable.

14. ASSIGNMENT

We reserve the right to transfer any debt to us or other elements of our contract with you, or other liabilities in part or whole to a third party, and any such assignment or transference will maintain all existing contractual terms. This may include the use of a factoring or other finance company for the assignment of your debts to us. All existing liabilities from us to you, and vice versa will remain valid, including any warranties or service agreements.

15. PRIVACY

When placing an order, we require various personal details from you. It is important that you supply all details requested, in order that we can validate orders efficiently. You can be assured that we treat your personal details, including email, your address, payment and credit card details, and telephone numbers in total confidence. We do not disclose such details to any third party or otherwise use them, except in connection with expediting/processing your orders/service. We do not send out unsolicited emails ('spam') and your email address will not be added to any mailing lists. We will not use details of your purchases in our marketing/publicity materials or any other promotion. These policies exclude any disclosure which we are required by law to make, crime prevention, legal action or any issues relating to product safety. If ultimately we are unable to satisfy ourselves of the validity or other aspects of an order, we may not accept it.

16. EXTENT OF LIABILITY

The Company shall have no liability to the Customer for any loss or damage of any nature arising from any breach of any express or implied warranty or condition of the Contract or any negligence, breach of statutory or other duty on the part of the Company or in any way of or in connection with the performance of or failure to perform the Contract except for death or personal injury resulting from the Company's negligence, and expressly stated in these conditions.

If the Customer establishes that any Goods or Services have not been delivered, have been delivered damaged, are not of the correct quantity or do not comply with their description the Company shall, at its option, replace with similar Goods or Services any Goods or services which are missing, lost or damaged or do not comply with their description, allow the Customer credit for their invoice value or repair any damaged Goods or Services.

If the Customer establishes that any Goods or Services are defective, then the Customer must return those Goods or Services forthwith at its own cost to the Company, and they will be repaired or replaced at the Company's discretion and according to manufacturer’s warranty. If the Goods or Services can not be replaced or repaired within 3 months of the Company’s receipt thereof, the Company may credit the Customer in part or in full at its own discretion.

If the Customer returns to the Company any Goods or Services for repair and some are found to be fault-free, then the Company may, at its own discretion, charge the Customer for its reasonable handling costs.

The delivery of any repaired or replacement Goods or Services shall be at the Company’s premises or other delivery point specified for the original Goods or Services.

Where the Company is liable in accordance with this condition in respect of only some or part of the Goods or Services the Contract shall remain in full force and effect in respect of the other or other parts of the Goods or Services and no set-off or other claim shall be made by the Customer against or in respect of such other or other parts of the Goods or Services.

No claim against the Company shall be entertained for any defect arising from any design or specification provided or made by the Customer or if any adjustments or alterations to other work has been done to the Goods or Services by any person except the Company.

The Company shall not be liable where any Goods or Services the price of which does not include carriage are lost or damaged in transit and all claims by the Customer shall be made against the carrier. Replacements for such or lost or damaged Goods or Services will, if available, be supplied by the Company at the prices ruling at the date of dispatch.

In no circumstances shall the liability of the Company to the Customer under this condition exceed the invoice value of the Goods or Services.

BY PLACING AN ORDER FOR GOODS OR SERVICES WITH US, YOU ARE BOUND BY THESE TERMS UNLESS AGREED OTHERWISE IN WRITING. ALL STATUTORY RIGHTS APPLY AS PER THE STATUTE OF THE UNITED KINGDOM AND EUROPEAN UNION WHERE APPLICABLE. YOU SHOULD KEEP A COPY OF THESE TERMS.