RCUK Service Agreement

Agreement for service

1.1 The terms set out in these Conditions of Service (“Agreement”) shall apply to the service (“Service”) we provide to service your smartphone, tablet, computer and/or any accessories (“Device”) on the service check-in form.

1.2 Reference to “us”, “we” , “our” and “RCUK” refer to ROSE COMMUNICATIONS GROUP LTD and references to “you” and “your” are references to you (“Customer), the person addressed on this form.

All repairs (unless otherwise stated)

2.1 This Agreement shall commence from the date you sign the service check-in form and shall continue until we have repaired or otherwise returned your Device, whichever is sooner, and received any payment due from you.

2.2 We shall make reasonable efforts to repair your Device subject to the availability of any parts & software required and/or the terms of any relevant guarantee or warranty. We shall perform the Service using our utmost care and skill.

2.3 We shall require any relevant passwords of your Device in order to handle the Device before, during and after the Service. Should you prefer to keep this information private, we will be unable to proceed with an appointment, and will not be able to perform a full functional check or repair/service as requested by you.

2.4 Any time estimate for completion of the service, which may be given to you, is an estimate only and does not form any obligation under the terms of this Agreement. We will aim to return your Device as soon as reasonably possible.

2.5 We shall notify you when the Device has been repaired/serviced and is available for collection from store. If necessary, we shall send a reminder after 7 days, and if the device has not been collected after 14 days, it will be transferred to our central storage.  A final reminder will be sent after 21 days and the device will be recycled if not collected by day 28.  Any delivery from central storage will be chargeable.

2.6 If we are unable to complete the Service for any reason, or the Service will incur further costs payable by you beyond that initially estimated by us, we will notify you immediately via telephone and/or email. If no fault is found on your Device or you do not accept our revised estimate, we will return your Device to you unrepaired and we reserve the right to charge you an inspection fee in accordance with our standard charges.

2.7 The cost of repair will be calculated where possible in accordance with our standard charges as published from time to time.

2.8 We shall be entitled to keep your Device until all charges payable have been paid. We may also charge an additional fee for storage of your Device.

2.9 Use of our Service may void your manufacturer’s warranty. If you would like to avoid this, then please take your Device directly to the manufacturer. Your manufacturer will not cover any accidental damage.

2.10 The service is linked to a specific device as identified by its unique IMEI or serial number and to a specific Customer as identified by the records on our system.

2.11 We do not accept responsibility for any progression in damage where your Device has been repaired elsewhere prior to your repair or service at RCUK. Should any issues become evident, once the Device is operated, we will contact you via telephone/email.

2.12 We do not accept responsibility for any progression in damage for Devices that have been damaged by liquid. Operating the Device could set off further damage which in some cases may be very serious and irreparable.

2.13 We ask our Customers to monitor their Device post liquid damage repair, as unknown issues can arise soon after treatment for liquid damage, which are beyond our control.

2.14 Following repair or service, any water proofing or resistance cannot be guaranteed.

Liability

3.1 Our entire liability in respect of any single cause of action arising out of or in connection with this Agreement (whether for breach of contract, tort, including negligence, statute or otherwise at all) shall be limited, to the extent that the cause of action related to our supply of the Services, at our exclusive option to: (a) supplying the Services again; (b) payment of the cost of having the Services supplied again; or (c) repaying you any amount that you have paid in respect of the Services.

3.2 If, through our negligence or willful misconduct, we damage the Device beyond economical repair, our liability will be limited to the cost of providing a replacement with a product that is the same as or similar to the Device. In this instance, we shall provide the replacement within 72 hours of the Device becoming irreparable and we will retain the original Device as part exchange for the replacement.

3.3 Any data or information that you may have stored on the Device shall remain your sole responsibility and we accept no liability for loss or corruption of such data however caused and we therefore highly recommend that you back up your Device onto an external drive prior to commissioning our Service. It is your responsibility to keep a record of any such data.

3.4 Nothing in this clause 3 shall apply so as to limit or exclude our liability for: (a) death or personal injury resulting from our negligence; (b) breach of any terms implied by statute; (c) any claim arising under the Consumer Protection Act 1987; or (d) fraudulent misrepresentation.

3.5 In no circumstance shall we be liable to you for any indirect, special or consequential loss arising out of or in connection with this Agreement, including any loss of business, revenue, profits, anticipated saving, goodwill or any other indirect or consequential loss or damage of whatsoever nature howsoever arising.

3.6 We shall not be liable for any claim arising under this Agreement unless you give us written notice of the claim within three months of becoming aware of the circumstances giving rise to the claim or, if earlier, three months from the time you ought reasonably to have become aware of such circumstances.

Data Protection

4.1 We ask for your name and address and the other details so that we can notify you when your Device has been repaired and provide you with an efficient after-sales service.

General

5.1 We shall not be liable to you for any delay in our failure of performance of our obligations under this Agreement arising from any reason beyond our reasonable control.

5.2 Our failure to exercise or enforce our rights or the giving of any forbearance, delay or indulgence, will not be construed as a waiver of such rights under this Agreement or otherwise.

5.3 This Agreement sets out the entire agreement and understanding between you and us in connection with its subject matter.

5.4 This Agreement may not be amended, modified, varied or supplemented except in writing signed by or on behalf of you and us.

5.5 If any part of this Agreement is found to be void or unenforceable it will be severed from the rest of the Agreement so that it is effective to the extent that it shall not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.

5.6 Nothing in this Agreement shall confer on any third party and benefits under the provisions of the Contracts (Rights of Thirds Parties) Act 1999.

5.7 This Agreement shall be governed by the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English Courts.