1.
FORMATION OF CONTRACT
1.1 Any contract for the servicing
or repair (‘The Service Contract’) of any product (‘The
Product’) shall be within Panic Music Services and shall be
deemed to incorporate these conditions to the exclusion of any other
terms and conditions in any document or other communication used
by the person requesting the servicing to be carried out (‘The
Customer’) save any which may be implied by stature.
All service contracts are personal to the customer and may not be
assigned.
1.2 No amendment or addition to
these conditions shall form part of any contract unless made or
specifically agreed to by Panic Music Services in writing. Such
amendments will entitle Panic Music Services to adjust the price
and delivery dates appropriately.
1.3 No service contract shall come
into existence until the customer’s order or request has been
accepted by Panic Music Services. Panic Music Services shall not
be obliged to accept any such orders or requests.
1.4 Panic Music Services reserve
the right to request an inspection fee prior to the commencement
of any work.
1.5 By submitting an item for repair
the customer accepts the terms and conditions as laid down from time
to time by Panic Music Services.
2. ESTIMATES
2.1 No estimate of Panic Music Services
shall constitute an offer and all estimates shall lapse after 30
days but may be withdrawn by written notice at any time.
2.2 Estimates are issued subject
to the availability of the necessary components required at the
time of acceptance.
2.3 Panic Music Services reserves
the right to submit a revised estimate if:-
2.3.1 The need for additional work
becomes apparent after remedial work has commenced.
2.3.2 The cost of any parts are
subject to price amendment.
2.3.3 Work will be suspended pending
the receipt of further instructions if clauses 2.3.1 or 2.3.2 become
effective.
2.4 Estimates will only be provided
upon written request of the customer. A charge of one unit of labour
will be made which must be paid at the time of the request. This
charge will be credited against the final repair invoice. No refund
of the estimate charge will be given under any circumstances.
3. SERVICE AND REPAIRS
3.1 Panic Music Services agrees to use all reasonable endeavours
to service or repair the product and/or to remedy any faults on
it as required by the customer subject to the availability of any
necessary components and service information.
3.2 If the product is covered by
a valid manufacturer’s guarantee Panic Music Services shall
repair it in accordance with the terms of the manufacturer’s
guarantee.
4. PRICE
4.1 The customer shall be charged
for replacement parts, labour and delivery at the standard rates
set by Panic Music Services from time to time.
4.2 Panic Music Services reserves
the right to request a deposit against any repair which in it its
sole opinion is likely to exceed a proportion of the depreciated
value of the product.
4.3 Prices are subject to alteration
by Panic Music Services at any time without prior notice.
5. PACKING
The specification for packing the
product for return to the customer after service or repair shall
be entirely at the discretion of Panic Music Services and shall
have the right to pack the product in such manner with such materials
and in such quantities as Panic Music Services in its absolute discretion
thinks fit and it shall not be obliged to comply with any packaging
instructions or any requests from the customer.
6. DELIVERY
6.1 Unless otherwise expressly stated
in writing Panic Music Services, delivery of the product after service
or repair shall be made in the following manner:-
6.1.1 If the customer is a Panic
Music Services credit account holder the product shall be held at
Panic Music Services premise for collection, or if requested by
the customer and agreed by Panic Music Services, Panic Music Services
shall deliver the product to an address specified by the customer
by any method at the option of Panic Music Services.
Panic Music Services may make a charge for delivery.
6.1.2 If the customer is not a Panic
Music Services credit account holder, the product shall be held
at Panic Music Services premise for collection by the customer until
full payment has been made including any delivery charge.
7. RISK
7.1 The risk of loss or damage to
the product shall pass to Panic Music Services upon delivery to
Panic Music Services premises. It shall pass from Panic Music Services
to the customer upon delivery of the product after service or repair
at the address specified by the customer or into custody on his
behalf (which ever is sooner). Where upon the customer shall be
responsible for obtaining and paying for appropriate insurance.
7.2 Panic Music Services will not
be responsible for loss or damage to video tapes, audio tapes, program
disks, ROM cartridges, CD ROMs, or any enclosed data media of any
type.
8. PAYMENT
8.1 Authorised account holders shall
be invoiced and payment must be made within 14 days of the invoice
date or in accordance with the Credit and Settlement Terms as published
from time to time by Panic Music Services. Without prejudice to
Panic Music Services other rights and remedies, including the right
to sue for the price, interest at the rate specified in the “Credit
and Settlement Terms” may be charged on the account of any
overdue account from the due date until the date of settlement.
8.2 Payment from any other persons
is due and must be paid before delivery of the serviced, repaired
and replaced product by Panic Music Services or its collection by
the customer or their appointed agent.
8.3 In the event of an account or
collection of goods becoming overdue, Panic Music Services will
charge interest on the outstanding balance, calculated from the
date of the invoice, at a rate of 8% above the Bank of England base
rate at the time of raising the charge.
9. UNCOLLECTED GOODS
9.1 When the product is ready for
collection of delivery, Panic Music Services shall inform (by telephone,
email or letter) the customer at the address specified by the customer
(’The Initial Contact’). If the customer does not contact Panic
Music Services, then Panic Music Services shall at least four weeks
from the date of the initial contact, make a second contact (’The
Reminder Contact’). If the product has not been collected within
four weeks of the reminder contact (by telephone, email or letter),
Panic Music Services may make any such product the subject of disposal
at Panic Music Services’ sole option. If Panic Music Services
choose to exercise this option they shall inform the customer in
the reminder letter. Panic Music Services shall thereafter be free
to dispose of the product and the customer shall not be entitled
to any compensation.
9.2 Panic Music Services reserve
the right to levy storage charges at the rate determined by Panic
Music Services in any case where an item remains uncollected for
longer than 30 days from the date when the product became ready
for collection.
9.3 Under special circumstances Panic Music
Services reserve the right to levy a charge for storage, warehousing and logistical
costs from the date of completion of the repair.
10. WARRANTS
10.1 Panic Music Services warrants
that any repair carries out in accordance with the manufacturers
guarantee shall be free of defect in material and workmanship for
a period of 90 days from the completion of the repair or in either
case for the period of the unexpired period of any valid manufactures
guarantee (whichever is longer).
10.2 Panic Music Services warrants
that any chargeable service or repair carried out where the manufactures
guarantee has expired shall be free of any defect in material or
workmanship for a period of 90 days from the completion of the repair.
The guarantee is limited to the work carried out only and in accordance
with the customers’ requirements. All warranty seals placed
by Panic Music Services must be intact and un-tampered with and
the equipment must have been used in accordance with the manufacturers
operating procedures.
10.3 Panic Music Services warranty
shall only apply to repairs carried out by Panic Music Services.
10.4 Any replacement product supplied
under the terms of the manufacturers guarantee shall bear the remaining
unexpired portion of the original guarantee as amended from time
to time by the manufacturer.
10.5 If during any of the periods
above the customer claims that Panic Music Services is liable under
its warranty the customer shall forthwith notify Panic Music Services
in writing and shall at Panic Music Services’ option return
the product at its own expense to Panic Music Services or where
so directed. If Panic Music Services determines that a defect exists
and that the above warranty is effective in respect thereof, it
undertakes to arrange for the repair of the said defective product
or parts thereof in accordance with the conditions of warranty and
without prejudice to the obligations of any customer.
11.
11.1 Panic Music Services reserve
the right to levy a handling charge on any chargeable service, repair
or replacement where the customer subsequently produces evidence
of purchase in order to comply with terms of the manufacturer’s
warranty after completion of any work.
12.
12.1 Panic Music Services reserve
the right to transfer products between its sites or sub contractors
without prior notification to the customer.
13.
13.1 Panic Music Services accepts
no liability whatsoever from consequential losses which arise due
to 1. Damage / Loss / Erasure of intellectual material / media.
2. Delays or 3. Any other circumstances.
14. OTHER
14.1 Any dispute between the Customer
and Panic Music Services, whatever its nature, or any complaint
by the customer whether justified or not shall not be grounds for
the Customer to withhold payments either in part or whole of sums
due to Panic Music Services or give any rights to off set against
payments to Panic Music Services.
14.2 Where in these Terms and Conditions
anything is stated to be by agreement of Panic Music Services, no
such agreement shall be binding upon Panic Music Services unless
the same is in writing and signed on behalf of Panic Music Services
by a Director or Partner. |