1. Standard Terms
These conditions shall apply to any agreement between Radiocoms Systems Ltd. (“Radiocoms”) and any person, firm or company (the “Customer”) whereby Radiocoms agrees to fulfil an Equipment Order to supply goods for purchase, hire, contracted maintenance or to repair or replace any goods or parts thereof (the “Equipment”). The expression “Repair” shall include adjustment and partial or combined repair and replacement. These terms and conditions also apply to Equipment sent to Radiocoms for evaluation or quotation.
1.2. Glossary of Definitions
1.2.1. Equipment Order
Equipment Order is an official order from a Radiocoms customer, with an order number and signed by an authorised official of the customer, for the purchase, hire (including a signed hire agreement with Radiocoms), maintenance (including a signed maintenance agreement with Radiocoms) and repair of equipment or for the purchase of engineering services from Radiocoms.
Equipment includes, but is not limited to, all radio equipment and accessories that is the subject of an Equipment Order or existing equipment owned by the customer that is the subject of an Equipment Order.
Repair includes the replacement of parts and components, adjustment, programming and moving of equipment to correct a fault. This can either be carried out at the Customer’s site or at Radiocoms’ premises.
A Hire Contract is a contract signed by both the Customer and Radiocoms for the hire of Equipment, including accessories, listed as a schedule to the Hire Contract and programmed as instructed in the Hire Contract, for the stated Term.
“Term” means the number of weeks (if any) stated in the quotation or invoice.
1.2.6. Maintenance Contract
A Maintenance Contract is a contract signed by both the Customer and Radiocoms for the maintenance of equipment listed as a schedule to the Maintenance Contract, for a period as stated in the contract.
“Insolvent” means the Customer is unable to pay its debts within the meaning of section 123 of the insolvency act 1986; the giving of notice of an intention to appoint an administrator; the levying or the threat of execution or distress on any of the Customers property; the appointment of an administrator; the appointment of a receiver or administrative receiver over all or any part of the Customers property; a proposal for a voluntary arrangement or compromise between the Customer and its creditors whether pursuant to the insolvency Act 1986 or otherwise; the passing of a resolution for voluntary winding up or summoning a meeting to pass such a resolution other than for the purpose of a bona fide amalgamation or reconstruction; the presentation of a petition for winding-up order or for an administration order in relation to the Customer if the Customer suffers any analogous step or proceedings under foreign law or ceasing or threatening to cease to carry on business.
1.3. Acceptance by Radiocoms
An equipment Order becomes effective upon acceptance by Radiocoms and acceptance explicitly precludes the application of any terms of purchase contained in order forms or other correspondence of the Customer and these terms and conditions may only be amended with the written agreement of Radiocoms.
The prices quoted are exclusive of VAT which will be invoiced to the Customer at the applicable rate.
1.5. Conditions of Delivery and Acceptance by Customer
Radiocoms reserves the right to effect part shipments.
Whilst Radiocoms will endeavour to meet indicated times of delivery where specified in the Equipment Order such times are not binding and Radiocoms shall not be responsible for any claims arising from delivery delays howsoever caused. Should delivery be delayed by any reason the written communication of readiness for despatch by Radiocoms to the Customer shall be considered the revised date of delivery. In default of any written communication of inability to take prompt delivery by the Customer, the products shall be deemed accepted on such date.
Unforeseeable events incurred through no fault of Radiocoms or extraordinary events at Radiocoms or its subcontractors or other impediments impossible for Radiocoms to foresee shall entitle Radiocoms to defer the date of delivery for a period equal to the time lost by reason of such event or impediment.
The Customer will be deemed to have accepted the Equipment if no notice of defect is given within 7 calendar days. Customer shall pay a restocking fee of 20% (twenty per cent) on cancellation of an order or part of an order.
Where a delivery has been refused by Customer or its representative or incorrect delivery details have been provided by Customer, Radiocoms will charge for redelivery at the normal rate.
Radiocoms will program equipment in accordance with Ofcom licence. Where additional features over and above the standard programming are required, it is the customer’s responsibility to ensure that they inform the account manager. Should additional programming be required following delivery, Radiocoms will be entitled to charge for the additional labour.
In the event that the Customer wishes to cancel or re-arrange an engineering visit, Radiocoms requires a minimum of five working days written notice prior to the agreed visit date. Within this five day period, Radiocoms reserves the right to charge a cancellation fee which at its sole discretion may be up to the full value of the cost of work cancelled including but not limited to labour, transport, equipment hire and accommodation. Cancellation outside the five-day period may still at Radiocoms’ absolute discretion incur a cancellation charge for costs committed but deemed irrecoverable.
In the case of installation of equipment including base stations, desk top radios, vehicle mobile radios, aerials and such like, the order is completed by the signature of the acceptance document by the Customer or its representative.
In the event that the installation cannot be completed on a pre-agreed date due to circumstances beyond its control (e.g. Supply of IP connection for a repeater). Radiocoms will be entitled to invoice the customer for the equipment it has purchased for the installation. The balance of which will be invoiced upon completion.
Where the supply involves the installation of a complete system, the order is completed by the signature of the Site Acceptance Test document by the Customer or its representative.
Where the labour hours incurred by Radiocoms for installation of equipment or other activities directly related to the order exceed the time estimated in Radiocoms’ quotation, due to factors beyond Radiocoms’ control, Radiocoms reserves the right at its absolute discretion to charge additional engineering time at its standard hourly rates.
All variations from the original agreed specification and/or purchase order will be agreed with the customer in advance of commencement of work on that variation and a new purchase order provided by the customer if required. Agreed variations will be charged for separately and be subject to these Terms and Conditions.
All returns/deliveries to Radiocoms are received and signed for on an ‘unchecked’ basis. A proof of delivery will only confirm receipt of a package(s) and not its contents. Radiocoms will inspect the contents within 24 hours of receipt, and if applicable notify the Customer of any discrepancies within 48 hours of receipt.
1.6. Terms of Payment
The Customer is not entitled to cancel the order after acceptance by Radiocoms in accordance with Clause 1.3 If Radiocoms is unable to supply the Equipment and/or offer suitable replacement Equipment, it shall advise the Customer in writing and return any deposit paid within 7 days of such notice.
Unless otherwise specified by Radiocoms, invoices are due for payment 30 days from the date of the invoice. Payment for the goods is due in pounds sterling and can be made by BACS, CHAPS transfer or cheque, the Customer paying any associated bank transfer charges. A transfer should be made to the account below:
Account Name: Radiocoms Systems Ltd
Bank Details: Barclays Bank, Churchill Plaza, Basingstoke, Hampshire, RG21 7GP
Sort code: 20-37-63
Account Number: 10311774 SWIFT: BARCGB22
Time for payment shall be of the essence.
It is the Customers responsibility to ensure Radiocoms is supplied with a remittance advice to allocate the funds accordingly. Should Radiocoms receive a payment without receiving a remittance advice within a reasonable time it reserves the right to allocate the payment to the oldest invoice first without prior notification to the Customer. No payment shall be deemed to have been received until Radiocoms has received cleared funds.
Credit facilities are agreed as part of Radiocoms’ account application process. If the current balance on the account exceeds the Customer’s agreed credit facility, the account will be placed on stop immediately and no further orders will be processed until Radiocoms receives payment for all invoices that are due and payable. Radiocoms may withdraw the Customer’s agreed credit facility at any time at Radiocoms’ sole discretion. Any amendments to the credit limit will be confirmed in writing.
All amounts payable to Radiocoms under a contract for Hire, Maintenance or Airtime shall become due immediately on its termination despite any other provision.
The Customer shall make all payments due in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Customer has a valid court order of an amount equal to such deduction to be paid by Radiocoms to the Customer.
Radiocoms shall be entitled at all times to offset any debt or claim of whatever nature which it has against the Customer with any sums due from Radiocoms to the Customer.
Any queries or complaints regarding an invoice or the services to which it relates must be made prior to the due date otherwise the invoiced amount shall be deemed due and payable in full.
Radiocoms reserves the right to refuse to execute any order or contract if the arrangement for payment or credit rating is not satisfactory.
The Customer may not withhold payment of any invoice or other amount due to Radiocoms for any reason, including that of a counter claim the Customer may have or allege to have against Radiocoms.
1.7. Non – Payment / Insolvency
If the Customer fails to pay any sum due under an Equipment Order on the due date or the Customer becomes insolvent or if the Customer is a Limited Company or partnership and there is a material change in its constitution or it commits a material breach of this Contract and fails to remedy that breach all amounts outstanding by the Customer to Radiocoms shall become immediately due and payable.
Radiocoms shall be entitled to do any one or more of the following (without prejudice to any right or remedy Radiocoms may have) under the Late Payment of Commercial Debts (Interest) Act 1998:
• Instruct a debt recovery agency, to recover the amount due and add reasonable costs of the greater of £500 or 10% of the debt to the debt in addition to any late payment fees
• Add £40 per overdue invoice for any invoice overdue.
• Add interest from the due date until payment is made in full, both before and after any judgment, at a rate equivalent to 8% above the Bank of England base rate from time to time, calculated on a daily basis.
• Register the debt with one or more credit reference agencies, without liability on Radiocoms’ part, which may affect the Customers credit rating and adversely affect the Customer’s business.
• Cancel or suspend any further services to the Customer under any contract or order without liability on Radiocoms’ part until satisfactory conclusion or settlement of the debt has been reached.
• Allocate any payments made in the first instance towards late interest, late fees and debt recovery fees.
• Require payment in cleared funds in advance of any further orders.
The Customer hereby irrevocably indemnifies Radiocoms on a full indemnity basis in respect of all costs and expenses including legal, debt collection, and valuation fees and any internal costs and expenses Radiocoms incurs and any value added tax incurred thereon by it in connection with the enforcement of any of Radiocoms’ rights hereunder. The Customer shall hold Radiocoms harmless in respect of any loss incurred as a result of any of the above actions taken to recover any debt payable by the Customer to Radiocoms.
1.8. Reservation of Proprietary Rights
In the case of the purchase of Equipment the Equipment shall remain the property of Radiocoms until payment has been made in full. The Customer does not acquire any proprietary rights by incorporating the products into other devices.
1.9. Intellectual Property Rights
The Customer acknowledges that Radiocoms will obtain Equipment and applicable software from third parties in good faith and accordingly is not responsible for defects in manufacture or design and gives no warranty that Equipment does not infringe patent or intellectual property rights of others.
The Customer acknowledges that Radiocoms will obtain Equipment and related software from third parties and will therefore pass on their warranty as supplied by the third party. Radiocoms will only accept warranty claims if it is able to recover from the third party.
1.11. Force Majeure
Radiocoms shall not be liable to the Customer for any failure to perform its obligations under an Equipment Order if such failure arises from any act of god, war, strike, lockout or any other labour dispute, riot, civil commotion, fire, flood, drought, legislation or any other causes beyond Radiocoms’ control.
All delivery contracts shall be governed exclusively by the laws of England and Wales.
The Customer can assign its rights (but not its obligations) arising hereunder only upon Radiocoms’ written consent. The Equipment delivered may be subject to the export control regulations of the United Kingdom and/or the European Union. The Customer shall be liable for the observance of such Export control regulations and shall keep Radiocoms fully and effectively indemnified in respect of any claim or liability arising from any breach or non- compliance with such regulations.
Should any provision of this agreement be or become inoperative, the other provisions shall not be affected thereby.
1.13. Data Protection
Radiocoms may transfer information about the Customer on to its bankers/financiers for the purposes of providing services for the following purposes: Obtaining credit insurance, making credit reference agency searches, credit control assessment and analysis including credit scoring, market, product and statistical analysis, securitisation and protecting Radiocoms’ interests. Radiocoms will provide the Customer with details of its banker/financiers and of any credit reference agencies used on request.
1.14. Limitations of Liability
Note: This clause does not apply to death or personal injury caused by negligence of Radiocoms.
So far as concerns loss or damage to the Customer, Radiocoms, its servants or agents shall be liable to the Customer (and then only to the limited extent set out below) only if and so far as such loss is caused by the negligence of Radiocoms’ servants or agents acting within the course of their employment.
Radiocoms’ servants or agents shall not be responsible to the Customer in any circumstances in respect of any loss or damage of the Customer unless written notice is received by Radiocoms within 30 days of the alleged loss or damage.
If, whether pursuant to the provisions set out herein or otherwise any liability on the part of Radiocoms’ servants or agents shall arise (whether under the express or implied terms of the agreement, howsoever fundamental, or at Common Law, in negligence or in any other way) for loss or damage suffered by the Customer arising out of or connected with the provision or failure in provision of the services covered by this agreement, such liability shall in all cases whatever be limited to the payment by Radiocoms and/or on behalf of its servants or agents by way of damages a sum not exceeding in respect of any one claim an amount equal to the value of the goods or services supplied in respect of all and any claims arising during one calendar year.
If any third party makes a claim against Radiocoms’ servants or agents arising in respect of any Equipment supplied under this agreement in respect to any loss or damage outside or beyond the liability of Radiocoms as limited herein, then the Customer shall indemnify Radiocoms’ servants or agents against any such claim and all costs incurred therein in respect whereof Radiocoms is by these Terms declared to be under no liability to the Customer or in so far as any such claim shall cause the total liability of Radiocoms to the Customer and all such claimants to exceed the sum set out within these terms.
These conditions may not be varied except by written agreement signed by a Director or duly authorised officer of Radiocoms.
Any reference to writing in these conditions shall include electronically recorded or transmitted material.
If any provision (or part of a provision) of these terms and conditions is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the
1.16. Governing Law and jurisdiction
These terms and conditions and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the law of England.
The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these terms and conditions or its subject matter or formation (including non-contractual disputes or claims).
2.1. Ownership and care of the Equipment
The Equipment shall remain the property of Radiocoms and shall not be sold, charged or disposed of by the Customer who will use the Equipment in a careful and proper manner. The Customer shall ensure the Equipment will not be damaged, repaired, altered or adjusted; only Radiocoms may carry out any repairs, alterations or adjustments.
The Customer will at all times operate the Equipment in accordance with instructions issued by Radiocoms and observe the manufacturer’s instructions and any regulations issued by HM Government or its agents.
If at the expiry of the hire term (the Term) or its extension the Equipment is not returned to Radiocoms, Radiocoms shall be entitled to retake possession thereof and for that purpose to enter any premises where the Equipment may be without prejudice to any other remedy or right of action which may be available to Radiocoms.
2.2 Hire Term and Collection of Equipment
The term of the contract (the Term) shall be the length of time specified on the hire contract, any extension to which will be known as the Term Extension/ Extension.
For hires with a Term of 29 days or more, the hire will continue until the later of the expiry of the Term or a later date, the Customer having given Radiocoms seven days’ notice of the desire to terminate the contract and a date for collection of the equipment.
A hire for 28 days or less is a short-term hire (Short Term Hire) with a minimum term of seven days. For a Short term Hire, Radiocoms will contact the Customer one working day before the expiry of the Term or Term Extension to ask if the equipment is to be collected or the hire extended. If collection is required, Radiocoms will make the arrangements with the Customer and the contract will end at the conclusion of the day of collection. If the customer wishes to continue with the hire the Extension will be for a minimum of seven days up to a maximum of 28 days from the start date of the Term. Termination and collection arrangements will continue to be Radiocoms’ responsibility for Short Term Hires. Radiocoms will make all reasonable efforts to make contact with the Customer at its registered or trading address; however if no response is received, the hire period will continue until terminated as described in this clause. If a Short Term Hire is extended beyond 28 days in total, it becomes a normal hire with conditions for termination of the contract and collection as for contracts with a Term of 29 or more days.
Any failed collections will incur an additional cost at the rate stated in the Hire Contract.
Payment shall be made within thirty days from the date of the invoice. The Equipment shall remain on hire until the expiry of the Term or its Extension as stated in 2.2 above.
If any part of the Equipment is damaged, lost or destroyed whilst in possession of the Customer rental shall continue to be payable until Radiocoms receives full payment in respect of the damage, loss or destruction of the Equipment.
The hire agreement may be terminated forthwith by Radiocoms if the Customer shall commit any breach of its obligations thereunder or shall become Insolvent.
2.3. Right of Inspection
Radiocoms (or its authorised representative) will throughout the hiring be permitted by the Customer to enter upon the premises or vehicle in which the Equipment is kept in order to inspect, maintain or test the Equipment.
2.4. Safety Requirement
The Customer is required to ensure that the following information is brought to the attention of all personnel involved with the use of the Equipment.
The Equipment may be classified as Electrical and Electronic and is accompanied by instruction sheets. Each item of Equipment is checked and supplied in accordance with manufacturers published specifications and when used in normal applications within the parameters set out for electrical performance will not cause danger or hazard to health or safety provided that safety practices and normal engineering are observed.
2.5. Loss or Damage to Equipment
The Customer shall accept complete responsibility for any loss of or damage to the Equipment whilst in the Customers possession or control. The Customer must undertake to arrange at its own expense with an insurance company of repute comprehensive insurance cover of the Equipment to the value stated on the invoice or contract.
The Customer shall notify Radiocoms in writing immediately of any loss or damage to the Equipment and shall on demand reimburse Radiocoms the full cost of replacing or repairing the Equipment.
Radiocoms agrees to maintain the equipment described in the Maintenance Contract, at the price or prices set out therein payable by the Customer, beginning on the “Commencement Date” for the period of the initial term. At the end of the initial term, the contract will be automatically renewed on an annual basis unless written notice of cancellation is given at least one month before the end of the relevant period.
Maintenance shall include the Labour, Parts, Material, tools and equipment necessary to repair, and/or restore to proper operation, equipment which has become defective through normal wear and usage and shall be carried out by Radiocoms within a reasonable time subject to the terms hereof and giving due consideration to the availability of any necessary spare parts and/or materials.
3.1. Preventive Maintenance Inspection (PMI)
At the Customer’s expense the Base Station and fixed equipment shown on the maintenance contract schedule can be inspected/adjusted and on request a PMI report sheet provided to the Customer.
3.2. Place of Maintenance Work
Maintenance work on Base Station and other fixed equipment shall be performed at the location defined in the Maintenance Contract.
Maintenance work on equipment defined as non-fixed equipment shall be performed at the location defined in the Maintenance Contract.
3.3. Maintenance Agreement Categories
The Category of Maintenance Agreements will be Silver, Gold and Platinum. The details of these categories are defined in the Maintenance Contract.
3.4. Customer’s Obligations
The Customer undertakes to allow Radiocoms reasonable access and proper facilities for the purpose of carrying out maintenance work and Preventive Maintenance Inspections (PMI) as and when required.
The Customer shall provide a suitable environment and furnish Heat, Light and Power at fixed equipment locations. The Customer shall undertake to deliver non-fixed equipment to the place of service as defined in the maintenance contract Schedule A, where applicable.
The Customer shall notify Radiocoms promptly and within the time periods set out within the Maintenance Contract in the event of failure of any equipment. All such reported faults shall be identified by consecutive fault numbers, which will be referred to in all dealings.
3.5. Amendments and Additions
Additional equipment may be incorporated into this agreement and Radiocoms will undertake to provide maintenance for such equipment, provided the following rules and criteria are met by the Customer.
3.5.1. The request to incorporate additional equipment must be made by the Customer in writing
3.5.2. Additional charges may be levied for additional equipment.
3.5.3. The additional units will be covered for the remaining duration of this agreement and the terms.
3.5.4. The conditions set forth herein shall apply to all additional units.
3.5.5. The agreement must be active and all maintenance charges must be paid up to date.
The additional equipment will be entered on to a revised Schedule and appended to the Maintenance Contract.
3.6. Maintenance Charges
3.6.1. The due date for payment is the start date of the period for which the invoice in advance is raised. Radiocoms will undertake to invoice the Customer for the periodic charges due at least 2 weeks prior to the date and the Customer undertakes to ensure payment is received by Radiocoms by the due date.
3.6.2. Failure by Customer, for whatever reason, to comply with the above clause will automatically cause suspension of the maintenance agreement. The suspension will remain in force until all due payments are received by Radiocoms.
3.6.3. Radiocoms will charge the Customer for any callout which is not covered under the Customers’ maintenance agreement. This will include, but is not limited to:
• Standard call out fee - £450 (including travel)
In the event that a manufacturer cannot provide spares Radiocoms will make every endeavour to source alternative parts. Where this is not possible Radiocoms will investigate ‘last time buy’ options with the manufacturer and Radiocoms’ Customer. If suitable spares are not available to complete a repair, then the unit in question will be deemed irreparable.
Suspension of this agreement will mean:
3.8.1. All outstanding monies owed by the Customer will become due immediately.
3.8.2. No defects or faults reported by the Customer will be acted upon by Radiocoms throughout the period of suspension.
3.8.3. All work on equipment in hand at the time of suspension will cease throughout the period of suspension.
3.8.4. Repaired units and/or equipment held by Radiocoms at the time of suspension of this agreement will be held by Radiocoms pending the settlement of all outstanding monies and the full cost of such repairs is paid to Radiocoms by the Customer.
If Customer shall make default in payment or fails to observe or perform the terms and conditions of this agreement, then Radiocoms shall be entitled to cancel and terminate the agreement forthwith and without prior notice or prejudice to any rights which may have accrued to Radiocoms or to any remedy to which Radiocoms may be entitled.
In the event of this agreement being cancelled or terminated by either party thereto and for whatever reason, all outstanding monies due to Radiocoms shall become immediately payable by the Customer. Radiocoms reserves the right to take whatever recovery action to ensure payment of such dues including any such action referred to in these terms and conditions.
Failure or delay on the part of Radiocoms or the Customer to exercise any right, power or privilege hereunder shall not operate as a Waiver hereof
3.12. Additional Charges
Radiocoms reserves the right to charge Customer for time, subsistence and materials covering call outs where the reported fault is found to be caused by equipment other than that covered by the equipment detailed in the Maintenance Contract.
Radiocoms shall have no liability under the maintenance contract for failure to maintain equipment due to causes beyond their control and without the fault or negligence of Radiocoms, including, but not restricted to Acts of God; Acts of Public Enemy; Acts of Government and Parliament; Acts of War; Acts of the Equipment Manufacturers, its Agents, Employees or Sub-Contractors; Fire, flood; Epidemic; Quarantine and/or Customs restrictions; Strikes; Freight Embargoes; Unusually severe weather conditions; the faulty equipment having been subjected to physical abuse, damage or misuse including water ingress, unless the unit is sold as being waterproof.
The maintenance contract excludes maintenance of Transmission Line; Antennae; Tower or Tower Lighting; Crystals; Channel Elements; Batteries or Telephone Lines; or to the Installation; Commissioning; Removal or Re- installation of the equipment.
The maintenance contract specifically excludes all equipment not listed on Schedules of the maintenance contract.
3.14. Extra to Contract
The Customer may request Radiocoms to provide labour, materials, parts or other work to deal with those exclusions listed in the Exclusions clause. Such work will be charged at time and material rates prevailing at the time of each request; any agreement reached under these terms will form a separate contract between the parties.
4. Service & Repairs
4.1. Warranty work
Where the Customer requires Radiocoms to repair or replace any Equipment under terms of any Warranty, the Customer must provide adequate evidence to satisfy Radiocoms that the required repair or replacement falls within
the time limit or other conditions of the warranty. If the Customer fails or delays to furnish such evidence, Radiocoms shall be entitled to charge the Customer for repair work undertaken or for replacement. Radiocoms cannot be held responsible for manufacturer delays in returning warranty goods but will use its best endeavours to return equipment as soon as possible.
On receipt of faulty Equipment Radiocoms shall provide a written estimate for the Repairs required or notify the Customer that the Equipment is beyond economical repair.
Radiocoms shall not commence work until the Customer gives Radiocoms written instructions to proceed. If Radiocoms does not receive such instructions within 30 days of the date of the estimate, Radiocoms may request that the Customer collects the Equipment.
In the event that Radiocoms does not repair the Equipment for either which an estimate is given or where the Equipment is beyond economical repair, Radiocoms may charge for the examination and re-assembly of the equipment (the “Minimum Charge”). Radiocoms shall endeavour to re-assemble the Equipment to the condition in which it was received but shall not be liable to the Customer for any loss or damage whatsoever resulting from its failure so to do.
Once the Customer has provided Radiocoms with written instructions accepting the estimate the Customer cannot cancel the repair work.
4.3. Standard of repair
Unless otherwise agreed with the Customer in writing, Radiocoms shall repair the Equipment to the manufacturer’s specification.
Radiocoms shall at its sole discretion decide:
• the nature and method of repair;
• the type of replacement parts to be used;
• in the case of warranty or guarantee work, whether the Equipment shall be repaired or replaced, in whole or in part. Any replacements shall be such as Radiocoms considers suitable and need not be identical to the Equipment as delivered to Radiocoms.
4.4. Delay or cancellation of Repair or Replacement
Any dates quoted by Radiocoms for completion of repair work, or replacement are approximate only and Radiocoms shall not be liable for any loss whatsoever resulting from failure to meet such dates. Radiocoms may postpone or cancel repair work at any time.
4.5. Collection /Delivery of the Equipment
Unless otherwise agreed, the Customer shall collect the repaired or replaced Equipment from Radiocoms’ premises. Where Radiocoms agrees to despatch the Equipment, the method of packing and despatch of the Equipment shall be at Radiocoms’ discretion. The Equipment shall be despatched at the Customer’s risk and except where the Equipment is repaired or replaced under any guarantee or warranty, at the Customers expense. Notification of damage must be communicated in writing to both Radiocoms and the carrier within 3 days of delivery. Notification of non-delivery must be communicated in writing to both Radiocoms and the carrier within 7days of notification of despatch or date of the invoice.
Equipment will be held for a maximum of 30 calendar days.
• after an estimate has been provided without acceptance or refusal;
• the completion of repair work;
• after notification that the Equipment is beyond economical repair; or
• after payment of an invoice is due.
Within this period Radiocoms shall make reasonable attempts to contact the Customer by phone or e- mail a minimum of three times. If, after this period, no arrangement has been made for the collection or re-delivery of the Equipment Radiocoms reserves the right to either charge the Customer for the storage of the Equipment or auction the Equipment to recover the Minimum Charge and any other repair costs.
Subject to the following limitation, Radiocoms undertakes to repair or replace free of charge (but otherwise upon the conditions herein contained) any part of the Equipment which, during the 3 months following the Equipment collection by or despatch to the Customer, are found to contain defects in materials or workmanship in respect of the repair or replacement carried out by Radiocoms. This guarantee/warranty is limited to the part, or parts of the Equipment which Radiocoms has repaired or replaced. This does not apply:
• where damage to the Equipment is occasioned by accident, mishandling, the non- observance of operating instructions or unauthorised modification or repair by the Customer;
• to those parts of the Equipment with a published rate life of less than 6 months; or
• where by written agreement the Equipment have not been repaired to the manufacturer’s specification.
4.7. Customer Warranty
The Customer warrants that the Equipment is its own property and not dangerous or potentially dangerous and shall indemnify Radiocoms against any loss, death, injury or damage from breach of this warranty.