Warranty Terms and Conditions
Onsite & Extended warranties include an onsite engineer visit within 48 hours of confirmation of diagnosis depending on location.
For iBoardTouch Lite products if an engineer cannot repair the unit onsite then it will be taken away and either repaired, replaced and returned.
IBOARDTOUCH V+ & LITE DISPLAYS - - - LIMITED WARRANTY COVERAGE - - -
iBoardTouch branded LED commercial display, as supplied and distributed by iBoardTouch Ltd and delivered new, in the original carton to the original commercial purchaser (“you” or “purchaser”), is warranted by iBoardTouch against manufacturing defects in materials and workmanship.
This limited warranty begins on the original date of purchase and continues through the Limited Warranty Period and is valid only on iBoardTouch products purchased from iBoardTouch or a iBoardTouch authorized reseller.
Since no end-user purchase takes place, this limited warranty does not apply to a party who rents or leases a iBoardTouch brand product, and such a party must contact its rental or leasing company to determine whether warranty coverage is applicable.
If the product is found to be defective as a result of manufacturing defects in materials and workmanship during the Limited Warranty Period, iBoardTouch will, at its sole option, (1) repair or replace the product, at no charge as stipulated herein, with new or reconditioned parts or a functionally equivalent product, (2) for user-installable parts, require you to repair the product with new or reconditioned parts provided at no charge, or (3) provide a refund of the purchase price of the product, LESS THE PRODUCT’S DEPRECIATED VALUE, only if iBoardTouch is unable to replace the product or repair it in accordance with applicable law.
All replaced parts and products, and products for which a refund is provided, become the property of iBoardTouch Ltd and must be returned to iBoardTouch free of any third-party ownership claims within thirty (30) days after you receive the replacement parts or products (or refund, if applicable). iBoardTouch may require your credit card information prior to providing replacement parts or products (or refund, if applicable) and will charge you for the replacement parts or products (or product for which a refund is provided) if you fail to return them within such time. Replacement parts and products will be new or serviceably used, comparable in function and performance to the original parts, and warranted for the remainder of the original warranty period or, if longer, ninety (90) days after they are shipped to you.
OBTAINING WARRANTY SERVICE
To receive warranty service, you must (1) first follow the procedures outlined below, in the product manual and in online help resources, and (2) if these procedures do not resolve the problem, contact iBoardTouch UK at the number provided below for problem determination and service procedures. Warranty service can only be performed by a iBoardTouch authorized service center or personnel, except that such a center need not be used for the installation of replacement parts at your expense in the event that a warranty labor coverage period has expired but a warranty parts coverage period remains in effect. iBoardTouch will not reimburse for any service performed by others. The original dated bill of sale, or a substitute proof of purchase acceptable at iBoardTouch’s sole option in accordance with applicable law, must be presented upon request as proof of purchase to iBoardTouch or iBoardTouch’s authorized service center.
If it is determined that your iBoardTouch monitor requires onsite services, iBoardTouch will dispatch an onsite technician to personally evaluate your monitor’s technical needs. On-site service will be provided during the warranty labor period subject to availability within the continuous United Kingdom. On-site service is not available in all areas. To receive on-site service, the product must be unobstructed and accessible to service personnel without the use of ladders or other apparatus required to service the display. If during on-site service repair can not be completed, it may be necessary to remove, repair and return the product. Removal and/or installation charges are the responsibility of the purchaser. You are responsible backing-up all system and applications software and data and disabling and security passwords before services are performed, removing any data before parts or products are returned, and for reinstalling all software, data and passwords.
IBOARDTOUCH SHALL NOT BE LIABLE FOR THE LOSS OR DESTRUCTION OF DATA OR MEDIA RESULTING FROM THE USE OR SERVICE OF THIS PRODUCT, WHETHER DUE TO VIRUS ISSUES OR OTHERWISE, OR ANY FAILURE TO SECURE ALL PROGRAMS AND DATA CONTAINED IN OR AFFECTED BY THE PRODUCT OR TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT.
LIMITATIONS AND EXCLUSIONS
iBoardTouch does not warrant uninterrupted or error-free operation of the product. Product performance is affected by system configuration, software, applications, your data and operator control of the system, among other factors. Though the product is considered to be compatible with many systems, it is your responsibility to determine compatibility and integration with other products or systems.
iBoardTouch Professional Series product range which includes the (Integrated PC Module), is limited to a one year RTB warranty (Return to Base). Any defect arising in the integrated PC module will be returned directly to iBoardTouch for a repair or replacement within 72 Hours of receiving the PC module.
Any parts returned to iBoardTouch under warranty are the sole responsibility of the sender which includes any transportation costs incurred.
This limited warranty applies only to hardware products manufactured by iBoardTouch that can be identified by the “iBoardTouch” trademark, trade name or logo affixed to them. It does not apply to iBoardTouch hardware products or any software, even if packaged or sold with iBoardTouch hardware. Manufacturers, suppliers or publishers, other than iBoardTouch, may provide their own warranties to you, but iBoardTouch, to the extent permitted by law, provides such third-party products “AS IS”. If applicable, software distributed by iBoardTouch with or without the iBoardTouch brand name (including but not limited to system software) is not covered under this limited warranty. Please refer to any licensing agreement accompanying the software for details of any purchaser rights with respect to its use.
This limited warranty covers manufacturing defects in materials and workmanship encountered in normal, reasonable, and except to the extent otherwise expressly provided for in this statement, noncommercial use of this product, and shall not apply to the following type of exclusions:
• damage which occurs in shipment, delivery and installation;
• applications and uses for which this product was not intended;
• altered product or serial numbers;
• cosmetic damage, such as to the exterior finish;
• damage (not resulting from defects in materials and workmanship) which occurs in your possession or that of other
• third parties, including due to accidents, opening of the product case or cabinet, abuse, neglect, fire, water, lightning or other acts of nature;
• use of products, equipment, systems, utilities, services, parts supplies, accessories, applications, installations, repairs, external wiring or connectors not supplied or authorized by iBoardTouch;
• incorrect electrical line voltage, fluctuations, surges or spikes;
• adjustments and failure to follow operating instructions, instructions for installing a user-installable part, or cleaning, maintenance and environmental instructions that are covered and prescribed in the instruction book, including incorrect installation of hardware or software;
• reception or display problems and distortion related to noise, echo, interference or other signal transmission and delivery problems;
• burned-in images resulting from viewing an image on the display screen for an extended period of time; and
• minor imperfections within design specifications or that do not materially alter functionality.
Damage caused by any mistreatment or negligence is not covered under warranty. Damage caused by environmental problems, such as dust and pet hair buildup inside the machine, is not covered under warranty – we strongly recommend you periodically check your machine for dust and hair buildup (and other issues stemming from the environment in which you use your machine) and clean it as necessary. Canned air, such as can be bought in many retail outlets, is recommended for careful cleaning of dust & hair deposits from the internal and external components of your system.
THERE ARE NO EXPRESS WARRANTIES OTHER THAN THOSE LISTED AND DESCRIBED ABOVE. NO WARRANTIES WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE SHALL APPLY AFTER THE EXPRESS WARRANTY PERIODS STATED ABOVE. NO OTHER EXPRESS WARRANTY OR GUARANTY GIVEN BY ANY PERSON, FIRM OR CORPORATION WITH RESPECT TO THIS PRODUCT SHALL BE BINDING ON IBOARDTOUCH, IBOARDTOUCH UNDERTAKES NO RESPONSIBILITY FOR THE QUALITY OF THE PRODUCT, AND ASSUMES NO RESPONSIBILITY THAT THE PRODUCT WILL BE FIT FOR ANY PARTICULAR PURPOSE FOR WHICH YOU MAY BE BUYING THE PRODUCT, EXCEPT AS OTHERWISE PROVIDED IN THIS LIMITED WARRANTY OR IN APPLICABLE LAW.
IBOARDTOUCH SHALL NOT BE LIABLE FOR LOSS OF REVENUE OR PROFITS, FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS, OR ANY OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY THE USE, MISUSE OR INABILITY TO USE THE PRODUCT, REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, AND EVEN IF IBOARDTOUCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO RECOVERY OF ANY KIND AGAINST IBOARDTOUCH SHALL BE GREATER IN AMOUNT THAN THE PURCHASE PRICE OF THE PRODUCT SOLD BY IBOARDTOUCH LTD AND CAUSING THE ALLEGED DAMAGE.
WITHOUT LIMITING THE FOREGOING, YOU ASSUME ALL RISK AND LIABILITY FOR LOSS, DAMAGE OR INJURY TO YOU AND YOUR PROPERTY AND TO OTHERS AND THEIR PROPERTY ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE PRODUCT NOT CAUSED DIRECTLY BY THE NEGLIGENCE OF IBOARDTOUCH. THIS LIMITED WARRANTY SHALL NOT EXTEND TO ANYONE OTHER THAN THE ORIGINAL PURCHASER OF THIS PRODUCT, IS NONTRANSFERABLE AND STATES YOUR EXCLUSIVE REMEDY.
If there is any inconsistency between this Limited Warranty to original purchaser and any other agreement or statement included with or relating to the iBoardTouch products or services, this limited warranty shall govern. If any provision of this limited warranty is found invalid or unenforceable, it shall be deemed modified to the minimum extent necessary to make it enforceable and the remainder of the limited warranty shall remain valid and enforceable according to its terms.
CONSUMER PROTECTION AND OTHER LAWS MAY APPLY
Some countries do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. Some countries may provide for additional warranty rights and remedies, and the provisions contained in this limited warranty are not intended to limit, modify, take away from, disclaim or exclude any mandatory warranty requirements provided by countries, including certain implied warranties. This warranty gives you specific legal rights, and you may also have other rights which vary from country to country.
iBoardTouch Warranty is intended as an end user warranty and does not cover installation faults or faults found with the display during installation. If a fault is found during installation then the display needs to be returned to iBoardTouch through the retailer where it was purchased. The warranty covers televisions installed within mainland UK. The warranty does not include Northern Ireland, Channel Islands, Isle of Wight, Isle of Man or Scottish Isles. In the event of a warranty failure. You will need your proof of purchase, model number and a description of the fault with you. It is recommended you call whilst near the television as you may be asked some simple questions relating to the display operation and fault.
Terms and Conditions of Service
For issues that are covered under warranty we do not charge a fee.
If you wish to cancel the call out please give 24 hours notice, if a call out is not cancelled and an engineer visits the site and is unable to carry out the repair, we will contact you to establish if a call out is still required and a call out charge will be applied for the subsequent visit.
A call out fee can be charged should we discover that an issue we have gone on site to solve is actually a non-warranty issue. In the event the iBoardTouch product is brought back to base and we find the issue with the product is not covered under warranty then a call out fee can be charged.
Where an engineer is unable to repair onsite it is up to the site contact/the support ticket holder to arrange for the product to be removed and carried to the engineer's van for transport back to the service center for repair. If a loan or replacement screen is offered the engineer is not responsible for transporting the product to any location not situated on the ground floor. Where a third party installation kit/party was used, it is not the engineers responsibility to reinstall the screen, the site contact/support ticket holder will be responsible for rearranging installation.
For a situation in which an onsite agent finds that the issue is with an iBoardTouch product which does not have onsite warranty then an onsite call out fee can be charged.
The call out fee is also applicable if the iBoardTouch Engineer learns that the iBoardTouch FAQ found at http://apps.iboardtouch.co.uk/faq and the troubleshooting provided has not been followed prior to booking the Engineer Call Out.
In the event a call out fee is applicable and the screen requires repair for a non-warranty covered fault then a repair fee will also be quoted in addition to a call out fee.
If an item is being returned please ensure the item has been packaged properly, it is the duty of the person agreeing to these terms that the iBoardTouch product is securely packaged and returned in good condition and informing iBoardTouch of any cosmetic blemishes prior to arrival. In the event iBoardTouch receives a product that has cosmetic damage that has not been reported a fee may be charged for the cosmetic restoration of the product.
All goods are inspected on arrival to iBoardTouch and should the product show evidence/signs of tampering, attempting to pry open, flash, or damage due to mishandling of the product in anyway then iBoardTouch holds the right to charge a fee to be payable by the person/company or organisation the individual who is filling in their details below. An administrative fee may also be applicable if an issue is solved via the exchange method and at any point during analysis the product in question has been found to show evidence/signs of tampering, attempting to pry open, flash, or damage due to mishandling of the product in anyway.
The call out fee for one day is £360+VAT
During submission to the ticketing system you will be asked to confirm you have made your colleagues/superiors aware of the terms and collectively you all acknowledge and agree to these terms. We will not dispatch an engineer or arrange any repair without confirmation that you agree to the terms and conditions.
Terms & Conditions of Warranty
……………………..…..…..IBOARDTOUCH PROFESSIONAL & LITE DISPLAYS …………….……………………
------------------------------------------------- LIMITED WARRANTY COVERAGE --------------------------------------------------
iBoardTouch branded LED commercial display, as supplied and distributed by iBoardTouch Ltd and delivered new, in the original carton to the original commercial purchaser (“you” or “purchaser”), is warranted by iBoardTouch against manufacturing defects in materials and workmanship. This limited warranty begins on the original date of purchase and continues through the Limited Warranty Period and is valid only on iBoardTouch products purchased from iBoardTouch or an iBoardTouch authorized reseller. Since no end-user purchase takes place, this limited warranty does not apply to a party who rents or leases an iBoardTouch brand product, and such a party must contact its rental or leasing company to determine whether warranty coverage is applicable. If the product is found to be defective as a result of manufacturing defects in materials and workmanship during the Limited Warranty Period, iBoardTouch will, at its sole option, (1) repair or replace the product, at no charge as stipulated herein, with new or reconditioned parts or a functionally equivalent product, (2) for user-installable parts, require you to repair the product with new or reconditioned parts provided at no charge, or (3) provide a refund of the purchase price of the product, LESS THE PRODUCT’S DEPRECIATED VALUE, only if iBoardTouch is unable to replace the product or repair it in accordance with applicable law. All replaced parts and products, and products for which a refund is provided, become the property of iBoardTouch Ltd and must be returned to iBoardTouch free of any third-party ownership claims within thirty (30) days after you receive the replacement parts or products (or refund, if applicable). iBoardTouch may require your credit card information prior to providing replacement parts or products (or refund, if applicable) and will charge you for the replacement parts or products (or product for which a refund is provided) if you fail to return them within such time. Replacement parts and products will be new or serviceably used, comparable in function and performance to the original parts, and warranted for the remainder of the original warranty period or, if longer, ninety (90) days after they are shipped to you.
OBTAINING WARRANTY SERVICE To receive warranty service, you must (1) first follow the procedures outlined below, in the product manual and in online help resources, and (2) if these procedures do not resolve the problem, contact iBoardTouch UK at the number provided below for problem determination and service procedures. Warranty service can only be performed by a iBoardTouch authorized service centre or personnel, except that such a centre need not be used for the installation of replacement parts at your expense in the event that a warranty labour coverage period has expired but a warranty parts coverage period remains in effect. iBoardTouch will not reimburse for any service performed by others. The original dated bill of sale, or a substitute proof of purchase acceptable at iBoardTouch’s sole option in accordance with applicable law, must be presented upon request as proof of purchase to iBoardTouch or iBoardTouch’s authorized service centre. If it is determined that your iBoardTouch Large Format Display (LFD) requires onsite services, iBoardTouch will dispatch an onsite technician to personally evaluate your LFDs technical needs. On-site service will be provided during the warranty labour period subject to availability within the continuous United Kingdom. On-site service is not available in all areas. To receive on-site service, the product must be unobstructed and accessible to service personnel without the use of ladders or other apparatus required to service the display. If during on-site service repair cannot be completed, it may be necessary to remove, repair and return the product. Removal and/or installation charges are the responsibility of the purchaser. You are responsible backing-up all system and applications software and data and disabling and security passwords before services are performed, removing any data before parts or products are returned, and for reinstalling all software, data and passwords.
IBOARDTOUCH SHALL NOT BE LIABLE FOR THE LOSS OR DESTRUCTION OF DATA OR MEDIA RESULTING FROM THE USE OR SERVICE OF THIS PRODUCT, WHETHER DUE TO VIRUS ISSUES OR OTHERWISE, OR ANY FAILURE TO SECURE ALL PROGRAMS AND DATA CONTAINED IN OR AFFECTED BY THE PRODUCT OR TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT.
LIMITATIONS AND EXCLUSIONS
iBoardTouch does not warrant uninterrupted or error-free operation of the product. Product performance is affected by system configuration, software, applications, your data and operator control of the system, among other factors. Though the product is considered to be compatible with many systems, it is your responsibility to determine compatibility and integration with other products or systems.
iBoardTouch LITE Series product range is limited to a 3 Year warranty (Onsite). Any defect arising in the LITE screen, an iBoardTouch engineer will arrange a site visit within 72 hours and arrange a fix.
If the screen is unable to be repaired onsite, iBoardTouch engineer will arrange to take the unit away for a repair centre fix and return.
iBoardTouch will Fix and return within 10 working days from the date of the logged call.
iBoardTouch Professional Series (ProPack) product range which includes the (Integrated PC Module), is limited to a one year RTB warranty (Return to Base). Any defect arising in the integrated PC module will be returned directly to iBoardTouch for a repair or replacement within 72 Hours of receiving the PC module. Any parts returned to iBoardTouch under warranty are the sole responsibility of the sender which includes any transportation costs incurred.
iBoardTouch Professional Series (ProPack) or (Extended Warranty) product range includes advance replacement warranty. If an iBoardTouch engineer is unable to repair the unit onsite, iBoardTouch will arrange to swap the unit straightaway on an onsite engineer visit, excluding weekends and public holidays.
This limited warranty applies only to hardware products manufactured by iBoardTouch that can be identified by the “iBoardTouch” trademark, trade name or logo affixed to them. It does not apply to iBoardTouch hardware products or any software, even if packaged or sold with iBoardTouch hardware. Manufacturers, suppliers or publishers, other than iBoardTouch, may provide their own warranties to you, but iBoardTouch, to the extent permitted by law, provides such third-party products “AS IS”. If applicable, software distributed by iBoardTouch with or without the iBoardTouch brand name (including but not limited to system software) is not covered under this limited warranty. Please refer to any licensing agreement accompanying the software for details of any purchaser rights with respect to its use. This limited warranty covers manufacturing defects in materials and workmanship encountered in normal, reasonable, and except to the extent otherwise expressly provided for in this statement, non-commercial use of this product, and shall not apply to the following type of exclusions:
• damage which occurs in shipment, delivery and installation; • applications and uses for which this product was not intended; • altered product or serial numbers; • cosmetic damage, such as to the exterior finish; • damage (not resulting from defects in materials and workmanship) which occurs in your possession or that of other • third parties, including due to accidents, opening of the product case or cabinet, abuse, neglect, fire, water, lightning or other acts of nature; • use of products, equipment, systems, utilities, services, parts supplies, accessories, applications, installations, repairs, external wiring or connectors not supplied or authorized by iBoardTouch; • incorrect electrical line voltage, fluctuations, surges or spikes; • adjustments and failure to follow operating instructions, instructions for installing a user-installable part, or cleaning, maintenance and environmental instructions that are covered and prescribed in the instruction book, including incorrect installation of hardware or software; • reception or display problems and distortion related to noise, echo, interference or other signal transmission and delivery problems; • burned-in images resulting from viewing an image on the display screen for an extended period of time; and • minor imperfections within design specifications or that do not materially alter functionality.
THERE ARE NO EXPRESS WARRANTIES OTHER THAN THOSE LISTED AND DESCRIBED ABOVE. NO WARRANTIES WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE SHALL APPLY AFTER THE EXPRESS WARRANTY PERIODS STATED ABOVE. NO OTHER EXPRESS WARRANTY OR GUARANTY GIVEN BY ANY PERSON, FIRM OR CORPORATION WITH RESPECT TO THIS PRODUCT SHALL BE BINDING ON IBOARDTOUCH, IBOARDTOUCH UNDERTAKES NO RESPONSIBILITY FOR THE QUALITY OF THE PRODUCT, AND ASSUMES NO RESPONSIBILITY THAT THE PRODUCT WILL BE FIT FOR ANY PARTICULAR PURPOSE FOR WHICH YOU MAY BE BUYING THE PRODUCT, EXCEPT AS OTHERWISE PROVIDED IN THIS LIMITED WARRANTY OR IN APPLICABLE LAW. IBOARDTOUCH SHALL NOT BE LIABLE FOR LOSS OF REVENUE OR PROFITS, FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS, OR ANY OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY THE USE, MISUSE OR INABILITY TO USE THE PRODUCT, REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, AND EVEN IF IBOARDTOUCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO RECOVERY OF ANY KIND AGAINST IBOARDTOUCH SHALL BE GREATER IN AMOUNT THAN THE PURCHASE PRICE OF THE PRODUCT SOLD BY IBOARDTOUCH LTD AND CAUSING THE ALLEGED DAMAGE. WITHOUT LIMITING THE FOREGOING, YOU ASSUME ALL RISK AND LIABILITY FOR LOSS, DAMAGE OR INJURY TO YOU AND YOUR PROPERTY AND TO OTHERS AND THEIR PROPERTY ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE PRODUCT NOT CAUSED DIRECTLY BY THE NEGLIGENCE OF IBOARDTOUCH. THIS LIMITED WARRANTY SHALL NOT EXTEND TO ANYONE OTHER THAN THE ORIGINAL PURCHASER OF THIS PRODUCT, IS NONTRANSFERABLE AND STATES YOUR EXCLUSIVE REMEDY.
If there is any inconsistency between this Limited Warranty to original purchaser and any other agreement or statement included with or relating to the iBoardTouch products or services, this limited warranty shall govern. If any provision of this limited warranty is found invalid or unenforceable, it shall be deemed modified to the minimum extent necessary to make it enforceable and the remainder of the limited warranty shall remain valid and enforceable according to its terms.
CONSUMER PROTECTION AND OTHER LAWS MAY APPLY Some countries do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. Some countries may provide for additional warranty rights and remedies, and the provisions contained in this limited warranty are not intended to limit, modify, take away from, disclaim or exclude any mandatory warranty requirements provided by countries, including certain implied warranties. This warranty gives you specific legal rights, and you may also have other rights which vary from country to country.
In these General Conditions of Business the following meanings shall apply:
· “We” and “Us” iBoardTouch. Our shall be interpreted accordingly.
· “You” means the person their employees or agents seeking Repair Services or to purchase Goods from Us and Your shall be interpreted accordingly.
· “the Goods” means new or used goods parts or accessories to be supplied by Us including parts used in Repair Services and services provided by Us which are not Repair Services.
· “the Repair Services” means any act or work carried out by Us on Equipment at Your request or in pursuance of Your instructions.
· “the Equipment” means Your or third party’s equipment and accessories delivered to Us for repair.
· “Customer” means the party having the right to enforce the supply by iBoardTouch of Goods and/or the Repair Services
· “Contract” means a contract under the terms of which iBoardTouch is liable to supply Goods and/or the Repair Services.
IF YOU DEAL AS A CONSUMER ANY PROVISION OF THESE TERMS WHICH IS OF NO EFFECT SHALL NOT APPLY. THE STATUTORY RIGHTS OF CONSUMERS ARE NOT AFFECTED BY THESE TERMS.
· 2.1 All orders are accepted by Us only under these General Conditions of Business that may not be altered other than with Our written agreement.
· 2.2 Quotations are invitations to treat only
· 2.3 Orders once accepted by Us may not be suspended or cancelled without Our prior consent in writing. You will indemnify Us against all losses including loss of profit damages costs and expenses We incur as a result of Our accepting that cancellation.
· 2.4 We shall not be liable for any misrepresentation made by Us Our employees or agents to You as to the nature of suitability of the Repair Services or the condition of the Goods unless the representation is made or confirmed.
· 2.4.1 by Our Help Desk; /or
· 2.4.2 in writing by Us; /or
· 2.4.3 is fraudulent.
· 2.5 Except when Goods are supplied on Our express advice given in writing that they are suitable for any particular purpose, it shall not be a term of a Contract that Goods are sold as fit for any particular purpose and this is notwithstanding that We may have, or be deemed to have, knowledge of the purpose for which the Goods are required.
· 2.6 We will not be liable under Clause 2.4 to the extent that such liability arises from material information withheld concealed or misrepresented by You.
· 2.7 Whilst we take reasonable care to ensure that the intellectual property rights of third parties are preserved we give no warranty as to the intellectual property rights of any software application packages that may accompany the Goods.
· 2.7 When a term of a quotation or any other express term of a Contract is found to be in conflict with any one or more of these General Conditions of Business, the terms of the quotation or the other express term of the Contract as the case may be shall unless the context otherwise requires, prevail.
· 3.1 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.
· 3.2 If you do not accept a quotation We reserve the right to make a fault analysis and handling charge.
· 3.3 Repair Services shall be carried out with reasonable care and skill and so far as reasonably and economically possible in such a manner as to comply with the manufacturer’s technical specification where such information is available.
· 3.4 We reserve the right not to effect repairs upon Equipment which in Our view has been improperly used or cannibalised.
· 3.5 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 irrepairable or beyond economic repair We may offer alternative Goods subject to Your agreement.
· 3.6 We do not routinely correct software defects nor load or reload software applications unless We have specifically agreed to do so. 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 of software application occurring as a result of the Repair Service whether such loss or damage is caused by Our negligence or otherwise howsoever.
· 3.7 We hereby undertake to repair and where agreed redeliver to the customer, any Item returned under this Agreement. Rectification of design faults is not covered by this Agreement. Furthermore, any Item repaired under this Agreement shall be returned to the Customer at the same modification level as submitted to us by the Customer, unless otherwise agreed between the parties and subject to prices negotiated within this Agreement or where a modification is required to rectify the reported fault.
· 3.8 Quoted times are always expressed in working days, which for the purpose of this Agreement shall mean Monday to Fridays, excluding UK bank or other public holidays.
· 3.9 We do not undertake to erase any data from any hard drive of an item being repaired as part of the repair service.
· 4.1 A Contract for the supply of Goods shall not come into existence until We receive an order or other written instruction signed by Your authorised representative accepting our quotation and these Terms and Conditions of Business
· 4.2 Unless agreed by Us in writing and endorsed on Our consignment note Goods are not supplied on a sale or return or trial basis.
· Both the Customer and Us shall ensure that the Item is suitably packed to ensure safety in transit. We do not provide packaging to box your machine up so you must make sure your machine is boxed before the courier arrives. Anti-static bags must be used wherever appropriate.
· 6.1 The price of the Goods and/or Repair Services shall be as stated or quoted and includes the cost of all parts and labour but is exclusive of VAT. Transit Liability Insurance is included where we quote for carriage.
· (a) The standard insurance cover is £100. For an extra £11.00 we can cover your consignment for £500, please ask our sales team when booking in.
· 6.2 An additional charge will be made if:
· 6.2.1 You request a method of delivery other than road freight carrier on ‘Next Day’ delivery.
· 6.3 [1st November 2010] For all retail customers a NON-REFUNDABLE £64.00 (including VAT) minimum charge applies to all repairs if:
· (a) We assess your machine to quote and you refuse our estimate
· (b) We attempt a repair which is unsuccessful (normally due to either; missing pads on motherboard or chip during the rework stage, power management issue or an un-repairable electrical shorting) as this goes towards covering our labour and parts costs.
· (c) We are unable to source parts for your repair as we have spent time looking for them
· This £64.00 (including VAT) minimum charge will be taken when your computer is booked in. This charge credited against any successful repair carried out.
· 6.4 [1st November 2010] Trade customers who have motherboard repairs which subsequently fail (normally due to either; missing pads on motherboard or chip during the rework stage, power management issue or an unrepairable shorting) a £10 (excluding VAT) motherboard assessment fee will be applied to your invoice towards covering our labour and parts costs which normally cost our business £45-50.00 per failure.
· 6.5 [1st November 2010] Any repair which is refused or declined by trade customers will incur a minimum £50.00+VAT assessment charge.
· 6.6 In some rare cases we may fix the fault on a machine during the assessment stage before a price is given, if this is the case the customer will be told the price for repair and the customer is liable for this charge.
· 7.1 If We have agreed in writing to give You credit all accounts are due for payment 30 days after the date of Our invoices. In all other cases payment is due on demand and Goods and/or Equipment will not be released until we are in receipt of cleared funds for all sums due to Us.
· 7.2 Credit is granted and may be reviewed at any time in Our discretion and may be withdrawn by us without either giving any reason for so doing or thereby incurring any liability to the Customer We reserve the right to refuse to execute any order or contract if the arrangements for payment of Your credit rating is not satisfactory to Us.
· 7.3 If the Customer takes Goods and/or Services from Us in excess of the Customer’s credit limit we may require payment on demand for such excess goods.
· 7.4 You may not withhold payment of any invoice or other amount due to Us by reason of any right of set off or counterclaim which You may have or allege to have for any reason whatsoever.
· 7.5 [1st November 2010] Payment in full (or deposit) will be taken prior to any repair undertaken for Retail customers. This does not affect your statutory rights.
· 7.6 Trade customers who are entitled to a credit because of either a incorrect payment or we can’t repair a warranty case will only be given credit onto their account because they receive discounted trade pricing, refunds back onto on credit or debit cards will only be given at the Managing Directors discretion.
· 8.1 When We are required to deliver Goods we shall have the sole discretion as to the mode of transport to be adopted.
· 8.2 Delivery will be effected when the Goods or Equipment are delivered to the address/delivery point specified by You and the risk in the Goods or Equipment shall pass to You on delivery.
· 8.3 Delivery dates are given in good faith but are estimates only. Time for delivery shall not be of the essence of the contract.
· 8.4 We shall not be liable for any damages whatsoever whether direct or indirect (including for the avoidance of doubt any liability to any third party resulting from any delay by Us in delivery of the Goods or failure to deliver the Goods in a reasonable time whether such a delay or failure is caused by Our negligence.
· 9.1 Where agreed we will return the Item to the Customer carriage and insurance paid and packed in accordance with Paragraph 5 (packing) to the address stated on the customer’s delivery note or order
· 9.2 Unless the Customer shall within five (5) working days of receipt of the repaired Item, give written advice of rejection, the Customer shall be deemed to have accepted the repair.
· 9.3 Signature of the carriers delivery note indicates that the Goods have been delivered and accepted in good condition.
· 9.4 Any damages/loss must be reported to Us by fax within 24 hours of receipt of delivery. The original packaging must be retained with the article until further instructions are provided. Please be aware that if the consignment has been signed stating that the delivery was received in good condition We will be unable to uphold any claim.
· 9.5 You shall inspect the Goods and/or Equipment at the place and time of unloading.
· 9.6 Our liability for short delivery is limited to making good the shortage. We shall not be liable for any damages whatsoever for short delivery howsoever caused and You remain liable to pay the full invoice price of all Goods delivered or available for delivery. Any other claim for damages is subject to Clause 12.
· 9.7 Unless You retain and make available for inspection the Goods and/or Equipment and their packaging we will not be liable for any loss or damage in transit.
· 10.1 The liability of Us under Our warranty in relation to Goods shall be subject to the Goods having been used and maintained wholly in accordance with the manufacturer’s instructions and to their not having been repaired or altered other than by Us.
· 10.2 We will warrant all repairs to be free from defects in workmanship, materials or for twelve (12) calendar months (unless otherwise specified) from the date of Item delivery to the Customer or for the balance of any previous Warranty, whichever is the longer.
· 10.3 Missing parts, physical damage, modification, attempted repairs or any misuse (unless attributable to us), shall void the original warranty or twelve (12) calendar months (unless another period is specified) repair warranty and any subsequent repair will be quoted for when the Item has been received from the Customer.
· 10.4 We warrant that replacement components and sub-assemblies fitted to a repaired Item shall have, in all material respects, at least equivalent functionality, geometry and compatibility to the replaced components or sub-assemblies.
· 10.5 We will repair any item where the warranty is confirmed as valid at no cost to the Customer. Any product that cannot be repaired and where a complete replacement is required will be advised to the Customer and the Customer given the option to: receive a quotation for a complete replacement less the cost of the original repair: or alternatively to receive a credit for the original cost of repair and the item returned to the Customer.
· 10.6 ALL WARRANTY ISSUES ARISING FROM WORKMANSHIP/LABOUR OR PARTS SUPPLIED BY PREVIOUS OWNER OF iBoardTouch – ARE NULL AND VOID. May 1st 2010
· 10.7 As part of our service when doing BGA motherboard repairs, we make a modification to the fan cooling system to put it on permanently. This, we have found makes our repairs up to 80% less likely to come back under warranty with the same problem. If you refuse to have this modification or request it be reversed, our repair on your system would then only carry a THREE MONTH warranty.
· 10.8 Unless DOA (Dead On Arrival) all warranty returns are strictly RTB (Return To Base) which means we do not cover the cost of collection and return shipping, this is charged at £20+VAT. You can of course arrange to get the machine to us yourself at your own cost. 1st February 2011
· 11.1 The title to the Goods shall remain with Us until You pay all sums owing to Us whether in respect of this contract or otherwise. The risk in Goods supplied by Us shall pass to the customer on delivery of the Goods to or to the order of the Customer in accordance with the terms of the Contract.
· 11.2 We shall be entitled to recover the price of the Goods including VAT even though the property in any of the goods remain with Us.
· 11.3 We shall be entitled at any time to recover any or all of the Goods in Your possession to which We have title and for that purpose You will on request deliver up Equipment containing Goods and We Our servants or agents may with such transport as is necessary enter upon any premises occupied by You or to which You have access and where the Goods may be or are believed to be situated.
· 11.4 When payment for Goods is overdue or the Customer suffers distress or execution to be levied against his or its effects, makes an arrangement or composition with creditors or, being a corporate body, enters into liquidation (otherwise than for the purpose of amalgamating or reconstruction where the corporate body, as amalgamated, accepts in full the Customer’s liability of pay for the Goods), or has a receiver appointed for the whole or any part of its undertaking or, being an individual, has a receiving order in bankruptcy made against him, then:
· a) If the Customer remains in possession of the Goods, whether or not the Customer has sold them We shall be entitled to recover the Goods from the Customer or
· b) If the Customer has parted with possession of the Goods by way of sale, whether or not the Goods have been mixed with or incorporated into other Goods, the Customer having sold them as fiduciary bailee, shall hold in trust for Us so much of the proceeds of sale of the Goods as represents the Customer’s liability to Us in respect of them.
· 12.1 In this Clause “the Defect” shall mean the condition and/or any attribute of the Goods and or any condition or circumstance arising from Our provision of Repair Services and/or any other circumstances which but for the effect of these Terms would have entitled You to damages.
· 12.2 Nothing in these Terms shall exclude or restrict Our liability for death or personal injury resulting from Our negligence or Our liability for fraudulent misrepresentation.
· 12.3 If You deal as a Consumer any provision of these Terms which is of no effect shall not apply. The Statutory rights of a Consumer are not affected by these Terms.
· 12.4 Subject to Clauses 12.2 and 12.3 of these Terms We shall not be liable by reason of any misrepresentation (unless fraudulent) or any breach of warranty condition or other term express or implied or any breach of duty (common law or statutory) or negligence for any damages whatsoever. Instead of liability in damages We undertake liability under Clause 12.5 below.
· 12.5 Where but for the effect of Clause 12.4 of these Terms You would have been entitled to damages against Us We shall not be liable to pay damages but subject to the conditions set out in Clause 12.6 below shall in Our sole discretion either repair the Goods at Our own expense or supply replacement Goods free of charge or re-perform the Repair Services free of charge or credit all (or where appropriate part) of the price paid for the relevant Goods or Repair Services.
· 12.6 We will not be liable under Clause 12.5:
· (a) if the Defect arises from fair wear and tear
· (b) if the Defect arises from Your damage negligence mis-use alteration or repair of the Goods and/or Equipment or abnormal working conditions.
· (c) unless after discovery of the Defect We are given a reasonable opportunity to inspect the Goods and/or Equipment before they are in any way interfered with.(e) unless the Defect is discovered within the period agreed at the time of sale or repair (which period commences on the date of delivery of the Goods and/or Equipment and We are given written notice of the Defect within 5 working days of it being discovered.
· (d) any warranty seals applied by Us are damaged, broken, removed or tampered with in any way.
· 12.7 If the Goods are not manufactured by us or have been processed by a third party whether at Our or Your request Our liability in respect of any defect in workmanship or materials of the Goods will be limited to such rights against the manufacturer or the third party as We may have in respect of those Goods and We will assign to You any assignable rights We may have from or against the manufacturer or third party.
· 12.8 Subject to Clauses 9.2 and 9.3 We shall not be liable by reason of misrepresentation (unless fraudulent) or any breach of warranty condition or other terms express or implied or any breach of duty (common law or statutory) or negligence or otherwise howsoever and whatever the cause thereof:
· (a) for any loss of profit, business, contracts, revenues or anticipated savings, or
· (b) for any special, indirect or consequential damage of any nature whatsoever.
· 12.9 Except where You deal as a Consumer You will unconditionally fully and effectively indemnify Us against all loss damages penalties costs on an indemnity basis and expenses awarded against or incurred by Us in connection with or paid or agreed to be paid by Us in settlement of any claim by any third party arising from the supply or use of the Goods. This indemnity will be reduced in proportion of the extent that such a loss damage costs and expenses are due to Our negligence.
· 12.10 Without prejudice to any other provisions in these Terms in any event Our total liability for any one claim or for the total of all claims arising from any one act of default on Our part (whether arising from Our negligence or otherwise) shall not exceed the price of the goods and/or the Repair Services the subject matter of any claim or claims or such sum as is the limit of liability laid down by Our insurers in respect of such claim or claims whichever is the greater.
· 12.11 In rare cases while we are trying to investigate or repair the cause of a problem, symptoms might worsen. We are in no way liable for this
· 12.12 Due to the delicate nature of all types of motherboard repair, sometimes this can cause other problems or worsen the fault on the motherboard during the repair process, we are in no way liable for this other than a full refund of the repair (if in under warranty).
· 13.1 If You fail to pay any invoice or any sum due to Us under any contract on the due date or Your credit limit is exceeded or there is a material change in Your constitution or You commit a material breach of this contract and fail to remedy that breach after being requested to do so all sums outstanding between You and Us under this and any other contract shall become immediately due and payable and We shall be entitled to do any one or more of the following (without prejudice to any other right or remedy We may have):- (a) require payment in cleared funds in advance of further deliveries or the provision of further Repair Services.
· (b) charge and recover from the Customer interest on the monies outstanding at the rate of 4 per cent above HSBC Bank Plc’s base rate in force from time to time from the due date of payment after as well as before judgement.
· (c) cancel or suspend its performance of the Contract to which the invoice relates.
· (d) without prejudice to the generality of Clause 9 of these Terms exercise any of Our rights pursuant to that Clause.
· (e) terminate this or any other contract with You without liability on Our part.
· 13.2 Except where You deal as a Consumer You shall reimburse us costs including legal costs on an indemnity basis which We incur in seeking legal advice or taking legal proceedings to enforce Our rights under this contract including but not limited to recovery of any sums due.
· 13.3 [1st November 2010] Failure to pay any outstanding amount on any sum due:
· (a) Thirty (30) days after the repair was deemed completed we reserve the right to charge interest 5% per week above the Bank of England set interest rate.
· (b) Three (3) months after the repair was deemed completed we reserve the right to take ownership of your property or dispose of as required.
· 14.1 Except when payment for Goods to be supplied has been made or secured in advance of their delivery to or to the order of the Customer We shall be entitled to withdraw from a Contract if and when the Customer suffers distress or execution to be levied against his or its goods or effects, makes an arrangement or composition with creditors, enters into liquidation (otherwise than for the purpose of amalgamation or reconstruction) has a receiver appointed for the whole or any part of its undertaking, or if a receiving order in bankruptcy is made against him. When We elect to withdraw from a Contract in any such circumstances, We shall thenceforth cease to have any liability to the Customer thereunder but shall remain entitled to claim from the Customer a due proportion of the Contract price in respect of such part of the Contract as We shall have performed.
· 15.1 If either Party is prevented or hindered from carrying out its obligations hereunder by circumstances beyond its reasonable control, then the performance of such obligations shall be suspended for such time as shall be reasonable in the circumstances and the party affected shall not be liable for any delays occasioned thereby.
· 15.2 Furthermore, We will not be liable for any delay in carrying out this Contract that is due to obsolescence or unavailability of components required by Us to perform the repair work.
· 15.3 In the event that We are prevented from providing the Repair Services as aforesaid for a continuous period of two (2) months or more, then the Customer may at any time after the expiration of such two (2) month period terminate the Agreement by written notice, provided that We continue to be so prevented from providing the Repair Services at the time such notice is given. We shall return to the Customer any remaining unused monies at the time such termination comes into effect.
· 16.1 The construction, validity and performance of a Contract shall be governed and interpreted according to the Law of England and You agree to submit to the exclusive jurisdiction of the English Courts in any dispute or difference arising between the customer and Us in relation to a Contract.
· 16 .2 The headings in these terms are for convenience only and shall not affect their interpretation.
· 16.3 Except as provided otherwise in these Terms We shall not be liable for any delays or failures to perform any of Our obligations under this contract due to any cause beyond Our reasonable control including industrial action.
· 16.4 Failure by Us to enforce a term of a Contract as soon as it may be enforced shall not prevent the subsequent enforcement of that or any other term of the Contract.
· 16.5. The non-enforcement by Us of any of the terms of a Contract shall not constitute a waiver unless this is stated by Us in writing.
· 16.6 If any clause or sub-clause of these Terms is held by a competent authority to be invalid or unenforceable the validity of the other clauses and sub-clauses of these Terms shall not be affected and they shall remain in full force and effect.
· 16.7 We may assign or sub contract all or any of Our obligations under this contract to a competent third party.
· 16.8 Termination of this contract shall not affect rights and obligations, which have already accrued at the time of termination.
· 16.9 A person (a “third party”) who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms notwithstanding that any such term may purport to confer or may be construed as conferring a benefit on such third party. This does not affect any right or remedy of such third party, which exists or is available irrespective of the said Act
· 17.1 MICROSOFT PRODUCT KEY CARD / OEM SOFTWARE TERMS These terms are an agreement between iBoardTouch and you when you make a contract to purchase any software from Us . They apply to the software which (i) was initially preinstalled on your device and (ii) which is named on the PRODUCT KEY CARD you have purchased in order to convert the trial rights into perpetual rights.
· 17.2 By using this software you accept these terms. If you do not accept the terms, do not use the software. Do not break any seals on the product key card media less packaging. Instead, return your sealed product key card to us for a credit.
· 17.3 Once the licence/activation of any software has been accepted/completed or seals broken by the customer or by us on their behalf, whilst configuring software on a new computer under instruction from the customer then the software is not refundable.
· 18.1 We offer a full refund and full discussion with the director on an individual basis.
· 18.2 If we are unable to fix a repair, we will offer an alternative.
· 18.3 All subscription cancellations will be refunded in full to the current month.
For iBoardTouch Lite products if an engineer cannot repair the unit onsite then it will be taken away and either repaired, replaced and returned.
IBOARDTOUCH V+ & LITE DISPLAYS - - - LIMITED WARRANTY COVERAGE - - -
iBoardTouch branded LED commercial display, as supplied and distributed by iBoardTouch Ltd and delivered new, in the original carton to the original commercial purchaser (“you” or “purchaser”), is warranted by iBoardTouch against manufacturing defects in materials and workmanship.
This limited warranty begins on the original date of purchase and continues through the Limited Warranty Period and is valid only on iBoardTouch products purchased from iBoardTouch or a iBoardTouch authorized reseller.
Since no end-user purchase takes place, this limited warranty does not apply to a party who rents or leases a iBoardTouch brand product, and such a party must contact its rental or leasing company to determine whether warranty coverage is applicable.
If the product is found to be defective as a result of manufacturing defects in materials and workmanship during the Limited Warranty Period, iBoardTouch will, at its sole option, (1) repair or replace the product, at no charge as stipulated herein, with new or reconditioned parts or a functionally equivalent product, (2) for user-installable parts, require you to repair the product with new or reconditioned parts provided at no charge, or (3) provide a refund of the purchase price of the product, LESS THE PRODUCT’S DEPRECIATED VALUE, only if iBoardTouch is unable to replace the product or repair it in accordance with applicable law.
All replaced parts and products, and products for which a refund is provided, become the property of iBoardTouch Ltd and must be returned to iBoardTouch free of any third-party ownership claims within thirty (30) days after you receive the replacement parts or products (or refund, if applicable). iBoardTouch may require your credit card information prior to providing replacement parts or products (or refund, if applicable) and will charge you for the replacement parts or products (or product for which a refund is provided) if you fail to return them within such time. Replacement parts and products will be new or serviceably used, comparable in function and performance to the original parts, and warranted for the remainder of the original warranty period or, if longer, ninety (90) days after they are shipped to you.
OBTAINING WARRANTY SERVICE
To receive warranty service, you must (1) first follow the procedures outlined below, in the product manual and in online help resources, and (2) if these procedures do not resolve the problem, contact iBoardTouch UK at the number provided below for problem determination and service procedures. Warranty service can only be performed by a iBoardTouch authorized service center or personnel, except that such a center need not be used for the installation of replacement parts at your expense in the event that a warranty labor coverage period has expired but a warranty parts coverage period remains in effect. iBoardTouch will not reimburse for any service performed by others. The original dated bill of sale, or a substitute proof of purchase acceptable at iBoardTouch’s sole option in accordance with applicable law, must be presented upon request as proof of purchase to iBoardTouch or iBoardTouch’s authorized service center.
If it is determined that your iBoardTouch monitor requires onsite services, iBoardTouch will dispatch an onsite technician to personally evaluate your monitor’s technical needs. On-site service will be provided during the warranty labor period subject to availability within the continuous United Kingdom. On-site service is not available in all areas. To receive on-site service, the product must be unobstructed and accessible to service personnel without the use of ladders or other apparatus required to service the display. If during on-site service repair can not be completed, it may be necessary to remove, repair and return the product. Removal and/or installation charges are the responsibility of the purchaser. You are responsible backing-up all system and applications software and data and disabling and security passwords before services are performed, removing any data before parts or products are returned, and for reinstalling all software, data and passwords.
IBOARDTOUCH SHALL NOT BE LIABLE FOR THE LOSS OR DESTRUCTION OF DATA OR MEDIA RESULTING FROM THE USE OR SERVICE OF THIS PRODUCT, WHETHER DUE TO VIRUS ISSUES OR OTHERWISE, OR ANY FAILURE TO SECURE ALL PROGRAMS AND DATA CONTAINED IN OR AFFECTED BY THE PRODUCT OR TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT.
LIMITATIONS AND EXCLUSIONS
iBoardTouch does not warrant uninterrupted or error-free operation of the product. Product performance is affected by system configuration, software, applications, your data and operator control of the system, among other factors. Though the product is considered to be compatible with many systems, it is your responsibility to determine compatibility and integration with other products or systems.
iBoardTouch Professional Series product range which includes the (Integrated PC Module), is limited to a one year RTB warranty (Return to Base). Any defect arising in the integrated PC module will be returned directly to iBoardTouch for a repair or replacement within 72 Hours of receiving the PC module.
Any parts returned to iBoardTouch under warranty are the sole responsibility of the sender which includes any transportation costs incurred.
This limited warranty applies only to hardware products manufactured by iBoardTouch that can be identified by the “iBoardTouch” trademark, trade name or logo affixed to them. It does not apply to iBoardTouch hardware products or any software, even if packaged or sold with iBoardTouch hardware. Manufacturers, suppliers or publishers, other than iBoardTouch, may provide their own warranties to you, but iBoardTouch, to the extent permitted by law, provides such third-party products “AS IS”. If applicable, software distributed by iBoardTouch with or without the iBoardTouch brand name (including but not limited to system software) is not covered under this limited warranty. Please refer to any licensing agreement accompanying the software for details of any purchaser rights with respect to its use.
This limited warranty covers manufacturing defects in materials and workmanship encountered in normal, reasonable, and except to the extent otherwise expressly provided for in this statement, noncommercial use of this product, and shall not apply to the following type of exclusions:
• damage which occurs in shipment, delivery and installation;
• applications and uses for which this product was not intended;
• altered product or serial numbers;
• cosmetic damage, such as to the exterior finish;
• damage (not resulting from defects in materials and workmanship) which occurs in your possession or that of other
• third parties, including due to accidents, opening of the product case or cabinet, abuse, neglect, fire, water, lightning or other acts of nature;
• use of products, equipment, systems, utilities, services, parts supplies, accessories, applications, installations, repairs, external wiring or connectors not supplied or authorized by iBoardTouch;
• incorrect electrical line voltage, fluctuations, surges or spikes;
• adjustments and failure to follow operating instructions, instructions for installing a user-installable part, or cleaning, maintenance and environmental instructions that are covered and prescribed in the instruction book, including incorrect installation of hardware or software;
• reception or display problems and distortion related to noise, echo, interference or other signal transmission and delivery problems;
• burned-in images resulting from viewing an image on the display screen for an extended period of time; and
• minor imperfections within design specifications or that do not materially alter functionality.
Damage caused by any mistreatment or negligence is not covered under warranty. Damage caused by environmental problems, such as dust and pet hair buildup inside the machine, is not covered under warranty – we strongly recommend you periodically check your machine for dust and hair buildup (and other issues stemming from the environment in which you use your machine) and clean it as necessary. Canned air, such as can be bought in many retail outlets, is recommended for careful cleaning of dust & hair deposits from the internal and external components of your system.
THERE ARE NO EXPRESS WARRANTIES OTHER THAN THOSE LISTED AND DESCRIBED ABOVE. NO WARRANTIES WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE SHALL APPLY AFTER THE EXPRESS WARRANTY PERIODS STATED ABOVE. NO OTHER EXPRESS WARRANTY OR GUARANTY GIVEN BY ANY PERSON, FIRM OR CORPORATION WITH RESPECT TO THIS PRODUCT SHALL BE BINDING ON IBOARDTOUCH, IBOARDTOUCH UNDERTAKES NO RESPONSIBILITY FOR THE QUALITY OF THE PRODUCT, AND ASSUMES NO RESPONSIBILITY THAT THE PRODUCT WILL BE FIT FOR ANY PARTICULAR PURPOSE FOR WHICH YOU MAY BE BUYING THE PRODUCT, EXCEPT AS OTHERWISE PROVIDED IN THIS LIMITED WARRANTY OR IN APPLICABLE LAW.
IBOARDTOUCH SHALL NOT BE LIABLE FOR LOSS OF REVENUE OR PROFITS, FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS, OR ANY OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY THE USE, MISUSE OR INABILITY TO USE THE PRODUCT, REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, AND EVEN IF IBOARDTOUCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO RECOVERY OF ANY KIND AGAINST IBOARDTOUCH SHALL BE GREATER IN AMOUNT THAN THE PURCHASE PRICE OF THE PRODUCT SOLD BY IBOARDTOUCH LTD AND CAUSING THE ALLEGED DAMAGE.
WITHOUT LIMITING THE FOREGOING, YOU ASSUME ALL RISK AND LIABILITY FOR LOSS, DAMAGE OR INJURY TO YOU AND YOUR PROPERTY AND TO OTHERS AND THEIR PROPERTY ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE PRODUCT NOT CAUSED DIRECTLY BY THE NEGLIGENCE OF IBOARDTOUCH. THIS LIMITED WARRANTY SHALL NOT EXTEND TO ANYONE OTHER THAN THE ORIGINAL PURCHASER OF THIS PRODUCT, IS NONTRANSFERABLE AND STATES YOUR EXCLUSIVE REMEDY.
If there is any inconsistency between this Limited Warranty to original purchaser and any other agreement or statement included with or relating to the iBoardTouch products or services, this limited warranty shall govern. If any provision of this limited warranty is found invalid or unenforceable, it shall be deemed modified to the minimum extent necessary to make it enforceable and the remainder of the limited warranty shall remain valid and enforceable according to its terms.
CONSUMER PROTECTION AND OTHER LAWS MAY APPLY
Some countries do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. Some countries may provide for additional warranty rights and remedies, and the provisions contained in this limited warranty are not intended to limit, modify, take away from, disclaim or exclude any mandatory warranty requirements provided by countries, including certain implied warranties. This warranty gives you specific legal rights, and you may also have other rights which vary from country to country.
iBoardTouch Warranty is intended as an end user warranty and does not cover installation faults or faults found with the display during installation. If a fault is found during installation then the display needs to be returned to iBoardTouch through the retailer where it was purchased. The warranty covers televisions installed within mainland UK. The warranty does not include Northern Ireland, Channel Islands, Isle of Wight, Isle of Man or Scottish Isles. In the event of a warranty failure. You will need your proof of purchase, model number and a description of the fault with you. It is recommended you call whilst near the television as you may be asked some simple questions relating to the display operation and fault.
Terms and Conditions of Service
For issues that are covered under warranty we do not charge a fee.
If you wish to cancel the call out please give 24 hours notice, if a call out is not cancelled and an engineer visits the site and is unable to carry out the repair, we will contact you to establish if a call out is still required and a call out charge will be applied for the subsequent visit.
A call out fee can be charged should we discover that an issue we have gone on site to solve is actually a non-warranty issue. In the event the iBoardTouch product is brought back to base and we find the issue with the product is not covered under warranty then a call out fee can be charged.
Where an engineer is unable to repair onsite it is up to the site contact/the support ticket holder to arrange for the product to be removed and carried to the engineer's van for transport back to the service center for repair. If a loan or replacement screen is offered the engineer is not responsible for transporting the product to any location not situated on the ground floor. Where a third party installation kit/party was used, it is not the engineers responsibility to reinstall the screen, the site contact/support ticket holder will be responsible for rearranging installation.
For a situation in which an onsite agent finds that the issue is with an iBoardTouch product which does not have onsite warranty then an onsite call out fee can be charged.
The call out fee is also applicable if the iBoardTouch Engineer learns that the iBoardTouch FAQ found at http://apps.iboardtouch.co.uk/faq and the troubleshooting provided has not been followed prior to booking the Engineer Call Out.
In the event a call out fee is applicable and the screen requires repair for a non-warranty covered fault then a repair fee will also be quoted in addition to a call out fee.
If an item is being returned please ensure the item has been packaged properly, it is the duty of the person agreeing to these terms that the iBoardTouch product is securely packaged and returned in good condition and informing iBoardTouch of any cosmetic blemishes prior to arrival. In the event iBoardTouch receives a product that has cosmetic damage that has not been reported a fee may be charged for the cosmetic restoration of the product.
All goods are inspected on arrival to iBoardTouch and should the product show evidence/signs of tampering, attempting to pry open, flash, or damage due to mishandling of the product in anyway then iBoardTouch holds the right to charge a fee to be payable by the person/company or organisation the individual who is filling in their details below. An administrative fee may also be applicable if an issue is solved via the exchange method and at any point during analysis the product in question has been found to show evidence/signs of tampering, attempting to pry open, flash, or damage due to mishandling of the product in anyway.
The call out fee for one day is £360+VAT
During submission to the ticketing system you will be asked to confirm you have made your colleagues/superiors aware of the terms and collectively you all acknowledge and agree to these terms. We will not dispatch an engineer or arrange any repair without confirmation that you agree to the terms and conditions.
Terms & Conditions of Warranty
……………………..…..…..IBOARDTOUCH PROFESSIONAL & LITE DISPLAYS …………….……………………
------------------------------------------------- LIMITED WARRANTY COVERAGE --------------------------------------------------
iBoardTouch branded LED commercial display, as supplied and distributed by iBoardTouch Ltd and delivered new, in the original carton to the original commercial purchaser (“you” or “purchaser”), is warranted by iBoardTouch against manufacturing defects in materials and workmanship. This limited warranty begins on the original date of purchase and continues through the Limited Warranty Period and is valid only on iBoardTouch products purchased from iBoardTouch or an iBoardTouch authorized reseller. Since no end-user purchase takes place, this limited warranty does not apply to a party who rents or leases an iBoardTouch brand product, and such a party must contact its rental or leasing company to determine whether warranty coverage is applicable. If the product is found to be defective as a result of manufacturing defects in materials and workmanship during the Limited Warranty Period, iBoardTouch will, at its sole option, (1) repair or replace the product, at no charge as stipulated herein, with new or reconditioned parts or a functionally equivalent product, (2) for user-installable parts, require you to repair the product with new or reconditioned parts provided at no charge, or (3) provide a refund of the purchase price of the product, LESS THE PRODUCT’S DEPRECIATED VALUE, only if iBoardTouch is unable to replace the product or repair it in accordance with applicable law. All replaced parts and products, and products for which a refund is provided, become the property of iBoardTouch Ltd and must be returned to iBoardTouch free of any third-party ownership claims within thirty (30) days after you receive the replacement parts or products (or refund, if applicable). iBoardTouch may require your credit card information prior to providing replacement parts or products (or refund, if applicable) and will charge you for the replacement parts or products (or product for which a refund is provided) if you fail to return them within such time. Replacement parts and products will be new or serviceably used, comparable in function and performance to the original parts, and warranted for the remainder of the original warranty period or, if longer, ninety (90) days after they are shipped to you.
OBTAINING WARRANTY SERVICE To receive warranty service, you must (1) first follow the procedures outlined below, in the product manual and in online help resources, and (2) if these procedures do not resolve the problem, contact iBoardTouch UK at the number provided below for problem determination and service procedures. Warranty service can only be performed by a iBoardTouch authorized service centre or personnel, except that such a centre need not be used for the installation of replacement parts at your expense in the event that a warranty labour coverage period has expired but a warranty parts coverage period remains in effect. iBoardTouch will not reimburse for any service performed by others. The original dated bill of sale, or a substitute proof of purchase acceptable at iBoardTouch’s sole option in accordance with applicable law, must be presented upon request as proof of purchase to iBoardTouch or iBoardTouch’s authorized service centre. If it is determined that your iBoardTouch Large Format Display (LFD) requires onsite services, iBoardTouch will dispatch an onsite technician to personally evaluate your LFDs technical needs. On-site service will be provided during the warranty labour period subject to availability within the continuous United Kingdom. On-site service is not available in all areas. To receive on-site service, the product must be unobstructed and accessible to service personnel without the use of ladders or other apparatus required to service the display. If during on-site service repair cannot be completed, it may be necessary to remove, repair and return the product. Removal and/or installation charges are the responsibility of the purchaser. You are responsible backing-up all system and applications software and data and disabling and security passwords before services are performed, removing any data before parts or products are returned, and for reinstalling all software, data and passwords.
IBOARDTOUCH SHALL NOT BE LIABLE FOR THE LOSS OR DESTRUCTION OF DATA OR MEDIA RESULTING FROM THE USE OR SERVICE OF THIS PRODUCT, WHETHER DUE TO VIRUS ISSUES OR OTHERWISE, OR ANY FAILURE TO SECURE ALL PROGRAMS AND DATA CONTAINED IN OR AFFECTED BY THE PRODUCT OR TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT.
LIMITATIONS AND EXCLUSIONS
iBoardTouch does not warrant uninterrupted or error-free operation of the product. Product performance is affected by system configuration, software, applications, your data and operator control of the system, among other factors. Though the product is considered to be compatible with many systems, it is your responsibility to determine compatibility and integration with other products or systems.
iBoardTouch LITE Series product range is limited to a 3 Year warranty (Onsite). Any defect arising in the LITE screen, an iBoardTouch engineer will arrange a site visit within 72 hours and arrange a fix.
If the screen is unable to be repaired onsite, iBoardTouch engineer will arrange to take the unit away for a repair centre fix and return.
iBoardTouch will Fix and return within 10 working days from the date of the logged call.
iBoardTouch Professional Series (ProPack) product range which includes the (Integrated PC Module), is limited to a one year RTB warranty (Return to Base). Any defect arising in the integrated PC module will be returned directly to iBoardTouch for a repair or replacement within 72 Hours of receiving the PC module. Any parts returned to iBoardTouch under warranty are the sole responsibility of the sender which includes any transportation costs incurred.
iBoardTouch Professional Series (ProPack) or (Extended Warranty) product range includes advance replacement warranty. If an iBoardTouch engineer is unable to repair the unit onsite, iBoardTouch will arrange to swap the unit straightaway on an onsite engineer visit, excluding weekends and public holidays.
This limited warranty applies only to hardware products manufactured by iBoardTouch that can be identified by the “iBoardTouch” trademark, trade name or logo affixed to them. It does not apply to iBoardTouch hardware products or any software, even if packaged or sold with iBoardTouch hardware. Manufacturers, suppliers or publishers, other than iBoardTouch, may provide their own warranties to you, but iBoardTouch, to the extent permitted by law, provides such third-party products “AS IS”. If applicable, software distributed by iBoardTouch with or without the iBoardTouch brand name (including but not limited to system software) is not covered under this limited warranty. Please refer to any licensing agreement accompanying the software for details of any purchaser rights with respect to its use. This limited warranty covers manufacturing defects in materials and workmanship encountered in normal, reasonable, and except to the extent otherwise expressly provided for in this statement, non-commercial use of this product, and shall not apply to the following type of exclusions:
• damage which occurs in shipment, delivery and installation; • applications and uses for which this product was not intended; • altered product or serial numbers; • cosmetic damage, such as to the exterior finish; • damage (not resulting from defects in materials and workmanship) which occurs in your possession or that of other • third parties, including due to accidents, opening of the product case or cabinet, abuse, neglect, fire, water, lightning or other acts of nature; • use of products, equipment, systems, utilities, services, parts supplies, accessories, applications, installations, repairs, external wiring or connectors not supplied or authorized by iBoardTouch; • incorrect electrical line voltage, fluctuations, surges or spikes; • adjustments and failure to follow operating instructions, instructions for installing a user-installable part, or cleaning, maintenance and environmental instructions that are covered and prescribed in the instruction book, including incorrect installation of hardware or software; • reception or display problems and distortion related to noise, echo, interference or other signal transmission and delivery problems; • burned-in images resulting from viewing an image on the display screen for an extended period of time; and • minor imperfections within design specifications or that do not materially alter functionality.
THERE ARE NO EXPRESS WARRANTIES OTHER THAN THOSE LISTED AND DESCRIBED ABOVE. NO WARRANTIES WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE SHALL APPLY AFTER THE EXPRESS WARRANTY PERIODS STATED ABOVE. NO OTHER EXPRESS WARRANTY OR GUARANTY GIVEN BY ANY PERSON, FIRM OR CORPORATION WITH RESPECT TO THIS PRODUCT SHALL BE BINDING ON IBOARDTOUCH, IBOARDTOUCH UNDERTAKES NO RESPONSIBILITY FOR THE QUALITY OF THE PRODUCT, AND ASSUMES NO RESPONSIBILITY THAT THE PRODUCT WILL BE FIT FOR ANY PARTICULAR PURPOSE FOR WHICH YOU MAY BE BUYING THE PRODUCT, EXCEPT AS OTHERWISE PROVIDED IN THIS LIMITED WARRANTY OR IN APPLICABLE LAW. IBOARDTOUCH SHALL NOT BE LIABLE FOR LOSS OF REVENUE OR PROFITS, FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS, OR ANY OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY THE USE, MISUSE OR INABILITY TO USE THE PRODUCT, REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, AND EVEN IF IBOARDTOUCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO RECOVERY OF ANY KIND AGAINST IBOARDTOUCH SHALL BE GREATER IN AMOUNT THAN THE PURCHASE PRICE OF THE PRODUCT SOLD BY IBOARDTOUCH LTD AND CAUSING THE ALLEGED DAMAGE. WITHOUT LIMITING THE FOREGOING, YOU ASSUME ALL RISK AND LIABILITY FOR LOSS, DAMAGE OR INJURY TO YOU AND YOUR PROPERTY AND TO OTHERS AND THEIR PROPERTY ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE PRODUCT NOT CAUSED DIRECTLY BY THE NEGLIGENCE OF IBOARDTOUCH. THIS LIMITED WARRANTY SHALL NOT EXTEND TO ANYONE OTHER THAN THE ORIGINAL PURCHASER OF THIS PRODUCT, IS NONTRANSFERABLE AND STATES YOUR EXCLUSIVE REMEDY.
If there is any inconsistency between this Limited Warranty to original purchaser and any other agreement or statement included with or relating to the iBoardTouch products or services, this limited warranty shall govern. If any provision of this limited warranty is found invalid or unenforceable, it shall be deemed modified to the minimum extent necessary to make it enforceable and the remainder of the limited warranty shall remain valid and enforceable according to its terms.
CONSUMER PROTECTION AND OTHER LAWS MAY APPLY Some countries do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. Some countries may provide for additional warranty rights and remedies, and the provisions contained in this limited warranty are not intended to limit, modify, take away from, disclaim or exclude any mandatory warranty requirements provided by countries, including certain implied warranties. This warranty gives you specific legal rights, and you may also have other rights which vary from country to country.
In these General Conditions of Business the following meanings shall apply:
· “We” and “Us” iBoardTouch. Our shall be interpreted accordingly.
· “You” means the person their employees or agents seeking Repair Services or to purchase Goods from Us and Your shall be interpreted accordingly.
· “the Goods” means new or used goods parts or accessories to be supplied by Us including parts used in Repair Services and services provided by Us which are not Repair Services.
· “the Repair Services” means any act or work carried out by Us on Equipment at Your request or in pursuance of Your instructions.
· “the Equipment” means Your or third party’s equipment and accessories delivered to Us for repair.
· “Customer” means the party having the right to enforce the supply by iBoardTouch of Goods and/or the Repair Services
· “Contract” means a contract under the terms of which iBoardTouch is liable to supply Goods and/or the Repair Services.
IF YOU DEAL AS A CONSUMER ANY PROVISION OF THESE TERMS WHICH IS OF NO EFFECT SHALL NOT APPLY. THE STATUTORY RIGHTS OF CONSUMERS ARE NOT AFFECTED BY THESE TERMS.
· 2.1 All orders are accepted by Us only under these General Conditions of Business that may not be altered other than with Our written agreement.
· 2.2 Quotations are invitations to treat only
· 2.3 Orders once accepted by Us may not be suspended or cancelled without Our prior consent in writing. You will indemnify Us against all losses including loss of profit damages costs and expenses We incur as a result of Our accepting that cancellation.
· 2.4 We shall not be liable for any misrepresentation made by Us Our employees or agents to You as to the nature of suitability of the Repair Services or the condition of the Goods unless the representation is made or confirmed.
· 2.4.1 by Our Help Desk; /or
· 2.4.2 in writing by Us; /or
· 2.4.3 is fraudulent.
· 2.5 Except when Goods are supplied on Our express advice given in writing that they are suitable for any particular purpose, it shall not be a term of a Contract that Goods are sold as fit for any particular purpose and this is notwithstanding that We may have, or be deemed to have, knowledge of the purpose for which the Goods are required.
· 2.6 We will not be liable under Clause 2.4 to the extent that such liability arises from material information withheld concealed or misrepresented by You.
· 2.7 Whilst we take reasonable care to ensure that the intellectual property rights of third parties are preserved we give no warranty as to the intellectual property rights of any software application packages that may accompany the Goods.
· 2.7 When a term of a quotation or any other express term of a Contract is found to be in conflict with any one or more of these General Conditions of Business, the terms of the quotation or the other express term of the Contract as the case may be shall unless the context otherwise requires, prevail.
· 3.1 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.
· 3.2 If you do not accept a quotation We reserve the right to make a fault analysis and handling charge.
· 3.3 Repair Services shall be carried out with reasonable care and skill and so far as reasonably and economically possible in such a manner as to comply with the manufacturer’s technical specification where such information is available.
· 3.4 We reserve the right not to effect repairs upon Equipment which in Our view has been improperly used or cannibalised.
· 3.5 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 irrepairable or beyond economic repair We may offer alternative Goods subject to Your agreement.
· 3.6 We do not routinely correct software defects nor load or reload software applications unless We have specifically agreed to do so. 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 of software application occurring as a result of the Repair Service whether such loss or damage is caused by Our negligence or otherwise howsoever.
· 3.7 We hereby undertake to repair and where agreed redeliver to the customer, any Item returned under this Agreement. Rectification of design faults is not covered by this Agreement. Furthermore, any Item repaired under this Agreement shall be returned to the Customer at the same modification level as submitted to us by the Customer, unless otherwise agreed between the parties and subject to prices negotiated within this Agreement or where a modification is required to rectify the reported fault.
· 3.8 Quoted times are always expressed in working days, which for the purpose of this Agreement shall mean Monday to Fridays, excluding UK bank or other public holidays.
· 3.9 We do not undertake to erase any data from any hard drive of an item being repaired as part of the repair service.
· 4.1 A Contract for the supply of Goods shall not come into existence until We receive an order or other written instruction signed by Your authorised representative accepting our quotation and these Terms and Conditions of Business
· 4.2 Unless agreed by Us in writing and endorsed on Our consignment note Goods are not supplied on a sale or return or trial basis.
· Both the Customer and Us shall ensure that the Item is suitably packed to ensure safety in transit. We do not provide packaging to box your machine up so you must make sure your machine is boxed before the courier arrives. Anti-static bags must be used wherever appropriate.
· 6.1 The price of the Goods and/or Repair Services shall be as stated or quoted and includes the cost of all parts and labour but is exclusive of VAT. Transit Liability Insurance is included where we quote for carriage.
· (a) The standard insurance cover is £100. For an extra £11.00 we can cover your consignment for £500, please ask our sales team when booking in.
· 6.2 An additional charge will be made if:
· 6.2.1 You request a method of delivery other than road freight carrier on ‘Next Day’ delivery.
· 6.3 [1st November 2010] For all retail customers a NON-REFUNDABLE £64.00 (including VAT) minimum charge applies to all repairs if:
· (a) We assess your machine to quote and you refuse our estimate
· (b) We attempt a repair which is unsuccessful (normally due to either; missing pads on motherboard or chip during the rework stage, power management issue or an un-repairable electrical shorting) as this goes towards covering our labour and parts costs.
· (c) We are unable to source parts for your repair as we have spent time looking for them
· This £64.00 (including VAT) minimum charge will be taken when your computer is booked in. This charge credited against any successful repair carried out.
· 6.4 [1st November 2010] Trade customers who have motherboard repairs which subsequently fail (normally due to either; missing pads on motherboard or chip during the rework stage, power management issue or an unrepairable shorting) a £10 (excluding VAT) motherboard assessment fee will be applied to your invoice towards covering our labour and parts costs which normally cost our business £45-50.00 per failure.
· 6.5 [1st November 2010] Any repair which is refused or declined by trade customers will incur a minimum £50.00+VAT assessment charge.
· 6.6 In some rare cases we may fix the fault on a machine during the assessment stage before a price is given, if this is the case the customer will be told the price for repair and the customer is liable for this charge.
· 7.1 If We have agreed in writing to give You credit all accounts are due for payment 30 days after the date of Our invoices. In all other cases payment is due on demand and Goods and/or Equipment will not be released until we are in receipt of cleared funds for all sums due to Us.
· 7.2 Credit is granted and may be reviewed at any time in Our discretion and may be withdrawn by us without either giving any reason for so doing or thereby incurring any liability to the Customer We reserve the right to refuse to execute any order or contract if the arrangements for payment of Your credit rating is not satisfactory to Us.
· 7.3 If the Customer takes Goods and/or Services from Us in excess of the Customer’s credit limit we may require payment on demand for such excess goods.
· 7.4 You may not withhold payment of any invoice or other amount due to Us by reason of any right of set off or counterclaim which You may have or allege to have for any reason whatsoever.
· 7.5 [1st November 2010] Payment in full (or deposit) will be taken prior to any repair undertaken for Retail customers. This does not affect your statutory rights.
· 7.6 Trade customers who are entitled to a credit because of either a incorrect payment or we can’t repair a warranty case will only be given credit onto their account because they receive discounted trade pricing, refunds back onto on credit or debit cards will only be given at the Managing Directors discretion.
· 8.1 When We are required to deliver Goods we shall have the sole discretion as to the mode of transport to be adopted.
· 8.2 Delivery will be effected when the Goods or Equipment are delivered to the address/delivery point specified by You and the risk in the Goods or Equipment shall pass to You on delivery.
· 8.3 Delivery dates are given in good faith but are estimates only. Time for delivery shall not be of the essence of the contract.
· 8.4 We shall not be liable for any damages whatsoever whether direct or indirect (including for the avoidance of doubt any liability to any third party resulting from any delay by Us in delivery of the Goods or failure to deliver the Goods in a reasonable time whether such a delay or failure is caused by Our negligence.
· 9.1 Where agreed we will return the Item to the Customer carriage and insurance paid and packed in accordance with Paragraph 5 (packing) to the address stated on the customer’s delivery note or order
· 9.2 Unless the Customer shall within five (5) working days of receipt of the repaired Item, give written advice of rejection, the Customer shall be deemed to have accepted the repair.
· 9.3 Signature of the carriers delivery note indicates that the Goods have been delivered and accepted in good condition.
· 9.4 Any damages/loss must be reported to Us by fax within 24 hours of receipt of delivery. The original packaging must be retained with the article until further instructions are provided. Please be aware that if the consignment has been signed stating that the delivery was received in good condition We will be unable to uphold any claim.
· 9.5 You shall inspect the Goods and/or Equipment at the place and time of unloading.
· 9.6 Our liability for short delivery is limited to making good the shortage. We shall not be liable for any damages whatsoever for short delivery howsoever caused and You remain liable to pay the full invoice price of all Goods delivered or available for delivery. Any other claim for damages is subject to Clause 12.
· 9.7 Unless You retain and make available for inspection the Goods and/or Equipment and their packaging we will not be liable for any loss or damage in transit.
· 10.1 The liability of Us under Our warranty in relation to Goods shall be subject to the Goods having been used and maintained wholly in accordance with the manufacturer’s instructions and to their not having been repaired or altered other than by Us.
· 10.2 We will warrant all repairs to be free from defects in workmanship, materials or for twelve (12) calendar months (unless otherwise specified) from the date of Item delivery to the Customer or for the balance of any previous Warranty, whichever is the longer.
· 10.3 Missing parts, physical damage, modification, attempted repairs or any misuse (unless attributable to us), shall void the original warranty or twelve (12) calendar months (unless another period is specified) repair warranty and any subsequent repair will be quoted for when the Item has been received from the Customer.
· 10.4 We warrant that replacement components and sub-assemblies fitted to a repaired Item shall have, in all material respects, at least equivalent functionality, geometry and compatibility to the replaced components or sub-assemblies.
· 10.5 We will repair any item where the warranty is confirmed as valid at no cost to the Customer. Any product that cannot be repaired and where a complete replacement is required will be advised to the Customer and the Customer given the option to: receive a quotation for a complete replacement less the cost of the original repair: or alternatively to receive a credit for the original cost of repair and the item returned to the Customer.
· 10.6 ALL WARRANTY ISSUES ARISING FROM WORKMANSHIP/LABOUR OR PARTS SUPPLIED BY PREVIOUS OWNER OF iBoardTouch – ARE NULL AND VOID. May 1st 2010
· 10.7 As part of our service when doing BGA motherboard repairs, we make a modification to the fan cooling system to put it on permanently. This, we have found makes our repairs up to 80% less likely to come back under warranty with the same problem. If you refuse to have this modification or request it be reversed, our repair on your system would then only carry a THREE MONTH warranty.
· 10.8 Unless DOA (Dead On Arrival) all warranty returns are strictly RTB (Return To Base) which means we do not cover the cost of collection and return shipping, this is charged at £20+VAT. You can of course arrange to get the machine to us yourself at your own cost. 1st February 2011
· 11.1 The title to the Goods shall remain with Us until You pay all sums owing to Us whether in respect of this contract or otherwise. The risk in Goods supplied by Us shall pass to the customer on delivery of the Goods to or to the order of the Customer in accordance with the terms of the Contract.
· 11.2 We shall be entitled to recover the price of the Goods including VAT even though the property in any of the goods remain with Us.
· 11.3 We shall be entitled at any time to recover any or all of the Goods in Your possession to which We have title and for that purpose You will on request deliver up Equipment containing Goods and We Our servants or agents may with such transport as is necessary enter upon any premises occupied by You or to which You have access and where the Goods may be or are believed to be situated.
· 11.4 When payment for Goods is overdue or the Customer suffers distress or execution to be levied against his or its effects, makes an arrangement or composition with creditors or, being a corporate body, enters into liquidation (otherwise than for the purpose of amalgamating or reconstruction where the corporate body, as amalgamated, accepts in full the Customer’s liability of pay for the Goods), or has a receiver appointed for the whole or any part of its undertaking or, being an individual, has a receiving order in bankruptcy made against him, then:
· a) If the Customer remains in possession of the Goods, whether or not the Customer has sold them We shall be entitled to recover the Goods from the Customer or
· b) If the Customer has parted with possession of the Goods by way of sale, whether or not the Goods have been mixed with or incorporated into other Goods, the Customer having sold them as fiduciary bailee, shall hold in trust for Us so much of the proceeds of sale of the Goods as represents the Customer’s liability to Us in respect of them.
· 12.1 In this Clause “the Defect” shall mean the condition and/or any attribute of the Goods and or any condition or circumstance arising from Our provision of Repair Services and/or any other circumstances which but for the effect of these Terms would have entitled You to damages.
· 12.2 Nothing in these Terms shall exclude or restrict Our liability for death or personal injury resulting from Our negligence or Our liability for fraudulent misrepresentation.
· 12.3 If You deal as a Consumer any provision of these Terms which is of no effect shall not apply. The Statutory rights of a Consumer are not affected by these Terms.
· 12.4 Subject to Clauses 12.2 and 12.3 of these Terms We shall not be liable by reason of any misrepresentation (unless fraudulent) or any breach of warranty condition or other term express or implied or any breach of duty (common law or statutory) or negligence for any damages whatsoever. Instead of liability in damages We undertake liability under Clause 12.5 below.
· 12.5 Where but for the effect of Clause 12.4 of these Terms You would have been entitled to damages against Us We shall not be liable to pay damages but subject to the conditions set out in Clause 12.6 below shall in Our sole discretion either repair the Goods at Our own expense or supply replacement Goods free of charge or re-perform the Repair Services free of charge or credit all (or where appropriate part) of the price paid for the relevant Goods or Repair Services.
· 12.6 We will not be liable under Clause 12.5:
· (a) if the Defect arises from fair wear and tear
· (b) if the Defect arises from Your damage negligence mis-use alteration or repair of the Goods and/or Equipment or abnormal working conditions.
· (c) unless after discovery of the Defect We are given a reasonable opportunity to inspect the Goods and/or Equipment before they are in any way interfered with.(e) unless the Defect is discovered within the period agreed at the time of sale or repair (which period commences on the date of delivery of the Goods and/or Equipment and We are given written notice of the Defect within 5 working days of it being discovered.
· (d) any warranty seals applied by Us are damaged, broken, removed or tampered with in any way.
· 12.7 If the Goods are not manufactured by us or have been processed by a third party whether at Our or Your request Our liability in respect of any defect in workmanship or materials of the Goods will be limited to such rights against the manufacturer or the third party as We may have in respect of those Goods and We will assign to You any assignable rights We may have from or against the manufacturer or third party.
· 12.8 Subject to Clauses 9.2 and 9.3 We shall not be liable by reason of misrepresentation (unless fraudulent) or any breach of warranty condition or other terms express or implied or any breach of duty (common law or statutory) or negligence or otherwise howsoever and whatever the cause thereof:
· (a) for any loss of profit, business, contracts, revenues or anticipated savings, or
· (b) for any special, indirect or consequential damage of any nature whatsoever.
· 12.9 Except where You deal as a Consumer You will unconditionally fully and effectively indemnify Us against all loss damages penalties costs on an indemnity basis and expenses awarded against or incurred by Us in connection with or paid or agreed to be paid by Us in settlement of any claim by any third party arising from the supply or use of the Goods. This indemnity will be reduced in proportion of the extent that such a loss damage costs and expenses are due to Our negligence.
· 12.10 Without prejudice to any other provisions in these Terms in any event Our total liability for any one claim or for the total of all claims arising from any one act of default on Our part (whether arising from Our negligence or otherwise) shall not exceed the price of the goods and/or the Repair Services the subject matter of any claim or claims or such sum as is the limit of liability laid down by Our insurers in respect of such claim or claims whichever is the greater.
· 12.11 In rare cases while we are trying to investigate or repair the cause of a problem, symptoms might worsen. We are in no way liable for this
· 12.12 Due to the delicate nature of all types of motherboard repair, sometimes this can cause other problems or worsen the fault on the motherboard during the repair process, we are in no way liable for this other than a full refund of the repair (if in under warranty).
· 13.1 If You fail to pay any invoice or any sum due to Us under any contract on the due date or Your credit limit is exceeded or there is a material change in Your constitution or You commit a material breach of this contract and fail to remedy that breach after being requested to do so all sums outstanding between You and Us under this and any other contract shall become immediately due and payable and We shall be entitled to do any one or more of the following (without prejudice to any other right or remedy We may have):- (a) require payment in cleared funds in advance of further deliveries or the provision of further Repair Services.
· (b) charge and recover from the Customer interest on the monies outstanding at the rate of 4 per cent above HSBC Bank Plc’s base rate in force from time to time from the due date of payment after as well as before judgement.
· (c) cancel or suspend its performance of the Contract to which the invoice relates.
· (d) without prejudice to the generality of Clause 9 of these Terms exercise any of Our rights pursuant to that Clause.
· (e) terminate this or any other contract with You without liability on Our part.
· 13.2 Except where You deal as a Consumer You shall reimburse us costs including legal costs on an indemnity basis which We incur in seeking legal advice or taking legal proceedings to enforce Our rights under this contract including but not limited to recovery of any sums due.
· 13.3 [1st November 2010] Failure to pay any outstanding amount on any sum due:
· (a) Thirty (30) days after the repair was deemed completed we reserve the right to charge interest 5% per week above the Bank of England set interest rate.
· (b) Three (3) months after the repair was deemed completed we reserve the right to take ownership of your property or dispose of as required.
· 14.1 Except when payment for Goods to be supplied has been made or secured in advance of their delivery to or to the order of the Customer We shall be entitled to withdraw from a Contract if and when the Customer suffers distress or execution to be levied against his or its goods or effects, makes an arrangement or composition with creditors, enters into liquidation (otherwise than for the purpose of amalgamation or reconstruction) has a receiver appointed for the whole or any part of its undertaking, or if a receiving order in bankruptcy is made against him. When We elect to withdraw from a Contract in any such circumstances, We shall thenceforth cease to have any liability to the Customer thereunder but shall remain entitled to claim from the Customer a due proportion of the Contract price in respect of such part of the Contract as We shall have performed.
· 15.1 If either Party is prevented or hindered from carrying out its obligations hereunder by circumstances beyond its reasonable control, then the performance of such obligations shall be suspended for such time as shall be reasonable in the circumstances and the party affected shall not be liable for any delays occasioned thereby.
· 15.2 Furthermore, We will not be liable for any delay in carrying out this Contract that is due to obsolescence or unavailability of components required by Us to perform the repair work.
· 15.3 In the event that We are prevented from providing the Repair Services as aforesaid for a continuous period of two (2) months or more, then the Customer may at any time after the expiration of such two (2) month period terminate the Agreement by written notice, provided that We continue to be so prevented from providing the Repair Services at the time such notice is given. We shall return to the Customer any remaining unused monies at the time such termination comes into effect.
· 16.1 The construction, validity and performance of a Contract shall be governed and interpreted according to the Law of England and You agree to submit to the exclusive jurisdiction of the English Courts in any dispute or difference arising between the customer and Us in relation to a Contract.
· 16 .2 The headings in these terms are for convenience only and shall not affect their interpretation.
· 16.3 Except as provided otherwise in these Terms We shall not be liable for any delays or failures to perform any of Our obligations under this contract due to any cause beyond Our reasonable control including industrial action.
· 16.4 Failure by Us to enforce a term of a Contract as soon as it may be enforced shall not prevent the subsequent enforcement of that or any other term of the Contract.
· 16.5. The non-enforcement by Us of any of the terms of a Contract shall not constitute a waiver unless this is stated by Us in writing.
· 16.6 If any clause or sub-clause of these Terms is held by a competent authority to be invalid or unenforceable the validity of the other clauses and sub-clauses of these Terms shall not be affected and they shall remain in full force and effect.
· 16.7 We may assign or sub contract all or any of Our obligations under this contract to a competent third party.
· 16.8 Termination of this contract shall not affect rights and obligations, which have already accrued at the time of termination.
· 16.9 A person (a “third party”) who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms notwithstanding that any such term may purport to confer or may be construed as conferring a benefit on such third party. This does not affect any right or remedy of such third party, which exists or is available irrespective of the said Act
· 17.1 MICROSOFT PRODUCT KEY CARD / OEM SOFTWARE TERMS These terms are an agreement between iBoardTouch and you when you make a contract to purchase any software from Us . They apply to the software which (i) was initially preinstalled on your device and (ii) which is named on the PRODUCT KEY CARD you have purchased in order to convert the trial rights into perpetual rights.
· 17.2 By using this software you accept these terms. If you do not accept the terms, do not use the software. Do not break any seals on the product key card media less packaging. Instead, return your sealed product key card to us for a credit.
· 17.3 Once the licence/activation of any software has been accepted/completed or seals broken by the customer or by us on their behalf, whilst configuring software on a new computer under instruction from the customer then the software is not refundable.
· 18.1 We offer a full refund and full discussion with the director on an individual basis.
· 18.2 If we are unable to fix a repair, we will offer an alternative.
· 18.3 All subscription cancellations will be refunded in full to the current month.